Another gun thread

hypothetical situation wrote:

If an unarmed guy breaks into my house and refuses to leave after repeatedly being told to get out, can I be arrested if I shoot and kill him? Assume that -

1.) the gun is bought legally

2.) I have a permit to carry the gun.

3.) the unarmed guy isn't trying to harm me or steal anything, he's just walking around the house for no apparent reason

FYI, I live in California.

Yes, you would be going to jail. You can only use deadly force in self defense if you reasonably believe that deadly force is about to be used on you.

Even if the guy is trying to steal something, you can't shoot him. You cannot use deadly force defending property--only people.

If the guy kicks your dog, you still can't shoot him--dogs are property.

If the guy is threatening you or your family with what reasonably looks like deadly force, you can shoot him.

Barbri wrote:

Yes, you would be going to jail. You can only use deadly force in self defense if you reasonably believe that deadly force is about to be used on you.

...

If the guy is threatening you or your family with what reasonably looks like deadly force, you can shoot him.

So does that mean that I can pepper spray him without getting thrown in jail?

And yes, I'm the OP. Just forgot to change aliases.

Sounds like you want to get rid of a bad roomate.

If you admit that #3 clause then I think you are in trouble.

I think you need to believe your life/saftey is in jeopardy.

Don't shoot the guy in the back as it makes it tough to claim you felt threatened.

Try putting on some new age music to drive him out.

If somebody comes in my house and doesn't leave when I tell them, they're getting shot. Dead. If somebody is in my house and won't leave when I tell them while pointing a gun at them, they're crazy. At that point, I'm in fear for my life. If they didn't want to get shot (dead) they should have left.

Look up "castle doctrine" on google. In your house, you don't need a permit to have a gun there. You have the right to defend it as you see fit.

some old guy wrote:

. At that point, I'm in fear for my life.

You manage to sound like a "tough guy" and a Nancy in the same post.

Big gun overcompensating for something?

some old guy wrote:

If somebody comes in my house and doesn't leave when I tell them, they're getting shot. Dead. If somebody is in my house and won't leave when I tell them while pointing a gun at them, they're crazy. At that point, I'm in fear for my life. If they didn't want to get shot (dead) they should have left.

Look up "castle doctrine" on google. In your house, you don't need a permit to have a gun there. You have the right to defend it as you see fit.

You're a troll, but ...

Castle doctrine only says that you do not have to retreat before using deadly force to defend yourself when inside your home. It does not say you can shoot anybody hanging out in your house.

You don't have the right to use deadly force to defend your house or any other property, only to defend yourself or other people. That's it.

I'll take it that the other posters are right about the law in California. I agree especially that you would not want to admit to point #3. I just wanted to point out that this is not the law in every state. A number of states have laws that you effectively have the right to shoot anybody who breaks into your home. Some of them state this as a point of law, others simply shift the burden of proof for point #3 to the prosecution (which of course is extremely hard to prove).

I would shoot him repeatedly in the head.

If I was arrested I'd Shoot as many cops as possible and innocent people.

I'd even get my family to shoot the judge.

Too many people live in California anyways, and from what you just read above, I absolutely hate it. I can't wait for it to sink into the Ocean after Alison Stokke is rescued.

Good bye California, I can't wait for that earthquake and the ensuing riots and massacres. =)

well... wrote:

So does that mean that I can pepper spray him without getting thrown in jail?

Yes. If you don't spray correctly and the guy pulls out a weapon, THEN you can shoot him.

I liked where this post was going, def. potential for some funny stuff, but just didn't finish it.....shame really...

Why killing?Shoot him in the leg.

If the guy is not looking to harm you, just wandering around your casa why not call the cops. Let them shoot him. Then go back to bed.

Up here in Canada we're not allowed to have guns, and criminals have a right to break into your house and kill you, furtherance of their occupation as B&E artists. Once they kill you in your own bed, cause you're not allowed to defend yourself, the liberal commy establishment will feel sorry for them and maybe just put them away for a few years, that's all. You shoot one of these bastards and you're not the victim, you're the aggressor and you go to jail, the dude who broke into your house is now a victim. He sues and gets a big settlement, assuming you missed when you pulled teh trigger.

Still, Canada is a pretty safe place to live.

Barbri wrote:

Castle doctrine only says that you do not have to retreat before using deadly force to defend yourself when inside your home. It does not say you can shoot anybody hanging out in your house.

You don't have the right to use deadly force to defend your house or any other property, only to defend yourself or other people. That's it.

If I'm in my house, I'm defending myself if/when I shoot the guy.

He's in my house. I told him to leave. He didn't. Therefore, he is a criminal. Why is he there? It can't be for anything good.

I might dial 911 if I'm feeling generous, but if he moves towards me he's getting shot.

Why screw around? Do you think we *need* more criminals? Do you think they have RIGHTS to be a criminal? Not in my house, sorry. Criminals live by the law of the jungle. They prey on the weak, or the weak-minded that aren't aware of how the world works, and don't recognize a serious situation when they are in one. The guy is not just "hanging out" in my house, I caught him there without my permission, and he didn't leave when told to. He thinks that *he* is in control of what goes on in *my* house. People like this are dangerous to the rest of us. They don't follow the civilized laws and customs of society, therefore they don't deserve (much) of our consideration. If I have to shoot somebody like this, I'm not shooting them in the leg, and I won't feel bad about it. I will have done myself and the rest of society a good deed by eliminating a dangerous predator.

Perfect way to take that nagging old bitch out along with him.

Do not wear designer shoes when you kill'em. Don't ask it's just a Cali thing.