Defensive Carry banner

1 - 20 of 26 Posts

·
Registered
Joined
·
38 Posts
Discussion Starter #1
My house is laid out with the master bedroom on one end and the kids rooms on the other end (up some stairs).

If someone broke down my front door and headed toward my kids rooms, if they refuse to follow my orders to stop, can I shoot them in the back to prevent them from getting to my kids, even though they are not immediately physically threatening me or my family?

We do NOT have the castle doctrine in Minnesota.
 

·
Registered
Joined
·
431 Posts
According to Minnesota Statute 609.065 - "The intentional taking of the life of another is not authorized...except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode."

Translation:
It's up to the Jury.
 

·
Banned
Joined
·
5,252 Posts
Can you articulate why you shot the person in the back?

I'm not saying that shooting someone in the back is wrong, amd I may even be forced to do it myself, given the nature of my work. The thing is, I will have to be able, even if not working, to articulate why I did so, and was correct in doing so.

This is something you will want to talk with a local attorney about, as well as study for yourself by getting more and perhaps better training than a CCW Course will teach you. Once you recognize the responsibility entrusted upon you, as a parent, spouse, loved one, CCW Holder or LEO you should also recognize that you have obligations that go with those responsibilities. That's where training comes in as well as research through magazine articles, videos, forum discussions and such.

Biker
 

·
Registered
Joined
·
657 Posts
If it was me, damn the judge, damn the jury. Protect the kids.
 

·
Premium Member
Joined
·
5,765 Posts
According to Minnesota Statute 609.065 - "The intentional taking of the life of another is not authorized...except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode."

Translation:
It's up to the Jury.
Is burglary a felony in Minnesota? The statute clearly says you can use deadly force to prevent the commission of a felony in your home...It also states, if you fear great bodily harm or death, to your kids, you're authorized to use deadly force...

Translation:
Justifiable shooting...No jury needed.
 

·
Registered
Joined
·
806 Posts

·
Super Moderator
Joined
·
50,603 Posts
You're in my home without invitation?:rolleyes:
You're headed towards my grandchildren's side of the house?:rolleyes:
You have your back to me and refuse 'given orders' to freeze?:rolleyes:
I guess you're never going to see the lead coming.:nono:
:comeandgetsome::ziplip:
 

·
Registered
Joined
·
4,465 Posts
How could a person live with them self if they failed to protect there family from an intruder because they might get in trouble with the law. I would think that any grand jury would no bill the case and if it went to court a regular jury would not find guilty. Even if all went bad and you were found guilty of defending your home and family and you have to pay the full price. One's family is worth price IMO
 

·
Registered
Joined
·
1,226 Posts
I'm sorry, but when it comes to the safety of my child, I wouldn't give 2 ****s about the law. I wouldn't give it a second thought. Obviously several non-violent attempts would be used, but if a violence HAD to occur, it's going to be against the criminal, not my children or myself.

That being said, I'm glad I'm in Texas.
 

·
Registered
Joined
·
2,470 Posts
Didn't I just read where a LEO is a hero for stopping a shooter and he shot him in the back.
I can envision a lot of scenarios where the wound is in the back. Let's say a burglar swings a machete at you and his momentum carries him around. Do you wait until he recovers to fire? No.
 

·
Registered
Joined
·
38 Posts
Discussion Starter #11
I agree. I would shoot him.

That crazy post about the ex-felon, family relative picking up the gun from the CCW holder after he got knocked to the ground and the ex-felon shooting the BG got me thinking. Additionally, we were at a town event (lighting of the town Christmas tree) last night and they came over the loudspeaker saying a 5 year old boy was missing. This was a crowd of 500+ people. It took 15-20 minutes to find him even with all the LEO and Fire on-site and announcing his name over the loud speaker.

Got me thinking, what if I saw my kids being carried off or holding the hand of some stranger walking away from the crowd, I would run and shoot, that morfed into what if someone kicked in the door of my house.

Thanks!
 

·
Registered
Joined
·
6,995 Posts
I'd drop him like a bad love affair. If Minnesota doesn't have Castle Doctrine they need it. In Colorado we call it our "Make My Day Law".
 

·
Premium Member
Joined
·
5,088 Posts
"OMG, why'd you shoot him in the back?"

"His back was to me."

Maverick: what if the person holding your child's hand was just trying to get to a slightly quieter place (away from the crowd) or a cop to help your lost child find/call you? You might shoot a friend or relative you didn't recognize from behind.
 

·
Registered
Joined
·
4,465 Posts
I agree. I would shoot him.

That crazy post about the ex-felon, family relative picking up the gun from the CCW holder after he got knocked to the ground and the ex-felon shooting the BG got me thinking. Additionally, we were at a town event (lighting of the town Christmas tree) last night and they came over the loudspeaker saying a 5 year old boy was missing. This was a crowd of 500+ people. It took 15-20 minutes to find him even with all the LEO and Fire on-site and announcing his name over the loud speaker.

Got me thinking, what if I saw my kids being carried off or holding the hand of some stranger walking away from the crowd, I would run and shoot, that morfed into what if someone kicked in the door of my house.

Thanks!

Be very careful about shooting some stranger who has a child by the hand and the child is crying or acting up. This could be a father or mother taking a child to car to change them or a child in need of discipline by a parent.

That said confronting the adult with the child in a case you described would be OK IMO. Shooting him may well be out and out murder of parent or responsible party with child in toe.
 

·
Registered
Joined
·
38 Posts
Discussion Starter #16
Don't get me wrong, I am not trying to be a vigilante that pulls my gun at the slightest nervous twitch.

I agree you need to assess the situation, but if I saw some guy holding my kid's hand (or carrying him/her) walking away from the party, that is going to get me to condition red quickly.

Plus, it is not like I am going to take a shot at 50 yards with my .40 cal. It would need be within talking distance, consequently knowing if that is a friend or relative or LEO or not.
 

·
Registered
Joined
·
38 Posts
Discussion Starter #17
Be very careful about shooting some stranger who has a child by the hand and the child is crying or acting up. This could be a father or mother taking a child to car to change them or a child in need of discipline by a parent.

That said confronting the adult with the child in a case you described would be OK IMO. Shooting him may well be out and out murder of parent or responsible party with child in toe.
Searcher45-
I think you missed the point that if I saw MY kid being taken away by someone, I would be going to condition Red. Nothing against friend and family or stranger, but I am not defending someone else's child or shooting to save them (with a very limited set of exceptions).

If people were shooting everytime someone (a parent) dragged a screaming child back to a car, I would be dead by now! :aargh4:
 

·
Registered
Joined
·
303 Posts
You're in my home without invitation?
You're headed towards my grandchildren's side of the house?
You have your back to me and refuse 'given orders' to freeze?
I guess you're never going to see the lead coming.
.

Exactly what retsupt99 said.
oldogy
 

·
Registered
Joined
·
3,426 Posts
If it was me, damn the judge, damn the jury. Protect the kids.
Bingo! My house is laid out with a split bedroom. Both kids rooms are opposite the house from my bedroom. NOONE will get to their rooms if I can help it. FWIW, NC says that I can shoot based on fear of death, great bodily harm, or sexual assault. It does not say WHERE I have to shoot them. I am worried about all three if some BG is headed towards my kids rooms. Justified is justified. I may have to explain this to a jury, but it's better than explaining to my wife why I did nothing.
 

·
Banned
Joined
·
13,684 Posts
My house is laid out with the master bedroom on one end and the kids rooms on the other end (up some stairs).

If someone broke down my front door and headed toward my kids rooms, if they refuse to follow my orders to stop, can I shoot them in the back to prevent them from getting to my kids, even though they are not immediately physically threatening me or my family?

We do NOT have the castle doctrine in Minnesota.
Look.......if what you've portrayed here actually happens......it's warfare, and yes...you not only can, but should shoot them in the back in this instance. To hell with the law when it comes to saving your children from harm. It's just one of those things you need to get your mind over. Way too much ado about laws and red tape. I'm going to lay it down hard for you and for good reason.
Would you rather see someone killing your child than spending the rest of your life in prison? That's the gist of it. I know what I would do in that situation. You've got to have a rock solid foundation in what you believe in, and love and family come before any persecution we feel is becoming to us for protecting them. Stand on your own morals and not what's dictated by the rest of men who would not be men. Take your place in life.
 
1 - 20 of 26 Posts
Top