Shooting outside the home

This is a discussion on Shooting outside the home within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Originally Posted by Stirling XD First, I do agree with everyone else when they say that a man charging you with a knife is a ...

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Thread: Shooting outside the home

  1. #16
    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by Stirling XD View Post
    First, I do agree with everyone else when they say that a man charging you with a knife is a deadly threat and shooting him is most likely justifiable.

    But that's not the main question that I saw the OP ask. His question was how do the police decide if you walked out of your house to go about normal business or if you left your house to confront someone that you thought might be dangerous. Basically, the police are going to ask you a lot of questions and look at the evidence.

    Do you know the guy that attacked you?
    Did you have any indication he was there?
    Was your gun drawn when you left the house?
    When did you see the knife?
    And many, many more. Get a lawyer.

    Leaving your house, or any position of relative safety, to confront a person that you believe is dangerous is not the smart thing to do.
    You nailed it right on the head. This was what I was trying to ask. I know going outside to investigate a noise and shooting a would be intruder would get you in trouble. What I wanted to know is if you were already outside going about your buisness i.e. leaving, trash, yard work etc... and it happened, what would be the difference in the two?

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  3. #17
    Member Array rhyfl's Avatar
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    Take a look at your state's laws regarding the use of deadly force. Here in FL, as it has already been mentioned, the castle doctrine would permit engaging the attacker.
    No arsenal, or no weapon in the arsenals of the world, is so formidable as the will and moral courage of free men and women.

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  4. #18
    VIP Member Array paramedic70002's Avatar
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    Quote Originally Posted by Pro2A View Post
    I know going outside to investigate a noise and shooting a would be intruder would get you in trouble.
    Maybe, depends on state law I guess. In my experience, not necessarily legal trouble, as you have the right to be on your property, but maybe not the best tactical decision.

    Quote Originally Posted by Pro2A View Post
    I've always been told when you shoot in a situation like this, make sure its in the house.
    If I could wave a magic wand and make something disappear, this would be one of the first things on my list. The logical conclusion to this statement seems to be more often than not that you should drag your trophy into the house so it's all legal when the cops show up.

    Was recently reading an Ayoob file where the GG shot the BG and then retrieved his wallet prior to the arrival of LEOs. Had a heck of a time explaining that he was fearing for his family's life because the BG had his wallet and keys, when the BG did not currently have his wallet.

    Here's a rule of thumb: If you shoot somebody, DO NOT EVER TOUCH THEM! Except maybe to separate them from a firearm, but you get the idea.
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

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  5. #19
    Member Array jmm076's Avatar
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    An issue very similar to this has happened twice here in Texas within the last few months. Joe Horn was the first and killed two men that had broken into his neighbor's house. The second was during broad daylight in a man's yard and the BG was unarmed but breaking into the man's garage. He injured him with a shotgun and the police returned his weapon on site within minutes of arriving on scene...

  6. #20
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by Ivan4x4 View Post
    here in tx the castle law would make that situation a legal shooting at night, dont ask me why not during the day.
    Texas Penal Code 9.31 and 9.32 which includes what we now refer to as the castle doctrine changed the previous law which imposed a duty to retreat if feasible. It appears that these statutes do not distinguish between betwen "night" and "day."

  7. #21
    Member Array gotammo's Avatar
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    Whats the difference then being away from your home, the guy in the parking lot at a store has to come into your house first. A threat is a threat handle it the same. Jeopardy, ability, means if they are present it doesn't matter where you are.

  8. #22
    Senior Member Array gwhall57's Avatar
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    Thumbs up

    Quote Originally Posted by David in FL View Post
    If you answered yes, yes, yes, and no......then it doesn't matter where it happens. You have the right to defend yourself against deadly force, no matter where you live.
    +1 on the above. if I perceive that my life is in danger, I will defend myself - in the house, outside the house, or on top of the house...
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  9. #23
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    Quote Originally Posted by Pro2A View Post
    I'm locking up the house when out from behind a bush in the yard jumps a crazy man with a knife running towards me.
    One of the unasked and unanswered questions is whether you had time to retreat into your house.

    If answered "Yes" by a reasonable person, you might be in a "matter" of some concern, if "No", then I follow all of the other threads. It also depends on the political climate you live in. e.g. MA, NY or CA versus Texas, etc.

    Quote Originally Posted by Sticks View Post
    Up to state law, and discretion of the arriving LEOs. Better hope it is an older seasoned one.
    And the DA. Not just a LEO decision.
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  10. #24
    Senior Member Array Ragin Cajun's Avatar
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    I'll answer the question with a question
    If you could only defend yourself inside your house, then why are there concealed carry permits being issued across the county? You don't need a permit to defend yourself in your house.

  11. #25
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    It's much easier to clean up after an "outside" shooting!

    Seriously, if I can articulate reasonable fear of substantial bodily harm or death I will shoot to stop wherever that threat presents itself!
    ALWAYS carry! - NEVER tell!

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  12. #26
    Member Array Dusty Miller's Avatar
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    Here in the PRC about the only consolation you'll have is that your're alive. After the DA gets done with you then the civil suit begins. This state is a self defense sewer pond.

  13. #27
    Ron
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    I really don't understand why there is an issue. If you are already outside of your house, as for example taking out the trash, and you are attacked by a man with a knife, you pretty clearly can establish that you were in reasonable fear for our life. Agreed that you could be in trouble depending upon the investigating officer and predeliction of the prosecutor. The only difference the "Castle Doctrine" makes, if applicable under your state law, and it is an important difference,is that there is then a legal presumption that you were , in fact, in fear for your life, and the burden of proving otherwise lies with the prosecutor. If the "castle Doctrine" does not apply, then the person who used deadly force has the legal burden of proving that they were in reasonable fear for their life.

    Ron
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