Who has a gun but would not use it in home defense

I read an article at work to day that said most people that have a gun would not use it if some one broke in to their home. I can say this in my job some people may not like me and would wish harm on myself or family so yes i do own a good amount of firearms. If you went to bed put your kids down and went to sleep and heard a noise down stairs of some one or some thing come into your house is it not your duty to protect your family even if that means take someones life ? I know I would feel bad but family first all others second right. This article was about a woman and her infant son at home when an on the run inmate tried to break in to her home, she called 911 and asked if she shot him what would happen ? The man did make his way in and she shot and killed him, but now could be charged with the death of him, is this right or wrong?

Having taken several classes on firearms, and having a concealed carry permit, I can tell you that there are so many variables to consider when posing the question of legal shootings.

Here is the scenario:

A man hears a noise in his house, he owns his guns legally and has a concealed permit. The home owner enters the living room and sees a intruder running down the hallway. The home owner shots the intruder in the back and kills him. Is it a legal shooting?

I will answer after you have time to respond to this post.

Yes, the woman has to go on trial, but I doubt she'll see jail time for it. All that has to be proven is that she reasonable believed she was in danger. Rather be jugded by 12 than carried by 6. Just wish they would give Zimmerman a proper trial, if there is ever a death, I believe there should be full investigation and trial accompanying it.

But I'm a former cop.

That said, if you own a firearm and are not willing to use it for home defense...you need to rethink why you have it (barring being a hunter).

Phortis: No. It is not a legal shooting. I won't say why, we'll see if anyone e
Se knows.

No it is not due to the fact the intruder was on his way out of the home or what ever he was running away. Now same thing what if there was a bed room down the hall with a kid or some other family member that had no way to get away. The NRA's new Laws that they are trying to get passed state that if you if feel your in danger or some one else is in danger and you are in your home you do have the right to shoot. Now most self defense laws state you have to try to make a run for it if you can and if there is no other way to get away you have the right to shoot as well. I personal feel if some one comes into my house that 1) is not welcome by invitation 2) they are there to commit a crime 3) I feel like harm can come to me or my family. I will give all the orders to stop and follow my orders as i would at work if they did not comply with what I feel should be an easy command to stop and leave, then by all means and this goes for any one should they have to do this, pull the trigger. I know as Jedi we must restrain from acts like this but if It comes down to your life or or families lives don't waste time do what you feel is right for you and if the law says your in the wrong and you know your right that you saved your self or family member then no one can take that away. I know this sounds bad to say but this is one of them things i feel strongly about and I know this is just my way of think and i m not in any way trying to impose my way of thinking on any one, but i feel people need to know that each state has its own way of the selfdefense laws and if you do pull the trigger you should know the laws.

The answer is:

If the intruder was running down the hall towards the mans family, IT IS A LEGAL SHOOTING.
The law states that because the man has no idea if the family might be killed,injured, or taken hostage, he has a right to defend them no matter where the intruder is shot.


If the intruder was running toward the back door with no family between, IT IS NOT A LEGAL SHOOTING.

The law says that the home owner MUST give the intruder the opportunity to escape.

i think that is what i put in an odd way i just rant a little about things some times, or go just a little to far. but yes that is the point, was trying to make. it is odd to me one one is getting in on this just old law dogs.

Well, this is an interesting topic indeed. the legality of shooting if you own a firearm and someone breaks in.

Being totally honest here, I don't own a firearm at all. Even as a military member (not for lack of wanting however!) For the purposes of self defense, if someone was coming into my home I would use myself as a wepon regardless of the strangers weapon choices.

Now let's raise the stakes. The man has a gun or a knife and YOU have a gun, but he's running away from you with his weapon pointed at you! Would you get in trouble for emptying the clip in him? Even though he was clearly running away? No. Escalation of Force goes from he shoved me (0) to deadly force when he chose to expose his weapon.

Woyldn't say empty the clip, but shoot enough to know when he is dead-if you are trained well with your firearm.

Is he shooting?

If he is, bye bye burglar! If he is not and there is no family between him and the means of escape, you would have to prove that you were unable to take cover and felt that your life was endangered, or that there was previous attempts on your life prior to him running away from you. If he never fired a shot during the whole incident, the sides are equal and you escalated not the intruder, do not shoot.