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When Is It Ok to shoot an Intruder

2/10/2018

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Disclaimer. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue, question or any relevant matter.

By Tom Ginevra

Well, you might think that the answer would be simple but, no it isn’t. It depends on the jurisdiction (who administers justice in your country) and it depends a lot on the circumstances. Nevertheless, this can be a life changing moment for all parties involved, you, your family and the intruder. Here are some basic guidelines for this very difficult question.
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image va www.top5s.co.uk

​Self-defense
In order to demonstrate that shooting an intruder is legal, you need to show that shooting was:
  • Necessary; in that, if you didn’t shoot them then something terrible would have happened to you, i.e., the intruder would have shot you, inflicted serious bodily harm, rape, robbery or kidnapping
  • Imminent; something terrible would have happened immediately. What is meant by this is, you can’t shoot someone who says they are going to rape you next week!
  • A reasonable response; compared to any other response like running away from the danger

As a defense, it seems that there is no compulsion to run away if the intrusion is in your own home and most intrusions in your own home would give rise to an urgent situation, meaning it must be dealt with now.

​If the intruder is armed and threatening you, then it would be considered ok to shoot first. If the intruder is unarmed it may still be ok to shoot first, especially if he or she is behaving aggressively and is physically bigger and stronger than you. If the intruder is not being aggressive then you are faced with deciding not to shoot but to threaten them with your firearm and calling the police. This sort of action requires a strong and confident personality which many of us do not possess. If the intruder is running away, then shooting them in self-defense is less acceptable.
Generally, if you feel that your life is at risk, then shoot, otherwise don’t. But, of course, it is very difficult to make rational decisions under such stressful and possibly terrifying circumstances.

Protection of property
At no point is it considered legal to shoot an intruder for mere protection of property. Using deadly force would only be legal if it could be proved that the intruder had further violent intentions and that they were actually trespassing.
 
Castle doctrine
So called because it is based on adopted 18th century common law wording “And the law of England has so particular and tender a regard to the immunity of a man's house, that it stiles it his castle”.
In certain states in the US, the castle doctrine or castle law is a legal defense. This is a legal doctrine that designates that a person’s home or any legally occupied place (could be a vehicle) is a place in which that person has protections and immunities permitting the use of force including deadly force as a defense against an intruder, free from legal prosecution for the consequences of the force used.

A person my have a duty to retreat to avoid violence if it is reasonably possible to do so. This duty to retreat does not apply in the person’s home where that person has a right to be. Deadly force may be justified as a defense in cases when the person fears in imminent danger of death or serious bodily harm to themselves or another. The castle doctrine is not a defined law but rather a set of principles that can be incorporated in some form in the law of many jurisdictions.

In practice
You should always go to a safe place like your bedroom or a bathroom, lock yourself in and call the police. You can only use deadly force when your life or the life of another in your direct vicinity is in life-threatening danger beyond any doubt. When you decide to shoot an intruder in your home, there must have been no alternative – a last resort.

For you to justify the use of deadly force, the intrusion must be unlawful, the attack must be imminent or already happening, the intrusion must not be complete, the defense must be against only the intruder or attacker and defensive action must be proportionate to the circumstances.

Bear in mind that your property is not worth more than the life of an intruder.

​Possessing a firearm at home gives you a huge responsibility to use it wisely in difficult moments. Should you get woken in the middle of the night to the sound of someone breaking in, then your heart is sure to start racing while you try to work out what to do – stay calm, breathe deeply and ensue you make the correct decision.

Related:
15 Affordable Ways to Protect Your Home in an Emergency
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The Best Gun for Self Defense

5/26/2017

2 Comments

 
​by Douglas Brooks

Many people within modern American society no longer feel safe and secure out in public and within their homes. The issue of self- defense is very important for many individuals especially when it comes to protecting the lives of their loved ones and their possessions.
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Choosing the right type of gun for the purpose of self-defense can be a difficult thing for people to do, especially when they’re unfamiliar with the use of firearms. However, there are certain types of weapons which are best suited for close combat fighting and personal protection.

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​Revolvers for Self Defense
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Many experts rate revolvers at the top of the list for self and home defense. In the past, police forces used them as their standard issue firearm for their officers. Unfortunately, this all changed during the 1990s when criminals started to use guns that were deadlier than the revolver. The police force had to upgrade their firearms in order to overcome this problem. They decided to use semi-automatic weapons which were more powerful and faster than the revolvers that they previously carried.
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Even though revolvers are no longer standard weapons of choice for many law enforcement personnel, there are a few police departments that still continue to issue these weapons to their officers. Revolvers are small, fairly lightweight and they are easy to use when compared to a semi-automatic gun. These types of weapons typically have 2 ½ to 5 inch barrels that can be hidden with relative ease and it takes very little skill to properly use this weapon.

Revolvers do not have to be frequently cleaned in order to work properly. Gun experts claim that revolvers such as the .38 are powerful enough to stop intruders and attackers but not so powerful that they’re hard to shoot and control.
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Smaller revolvers are not designed to cause an excessive amount of damage to a person’s body or to destroy property. A larger revolver such as the .357 has a little more kick to it and it is probably a good idea for a person to get some training before using this weapon.

Revolvers typically have 2 ½ to 5 inch barrels which means that they good for close combat situations. People should also avoid revolvers with unexposed hammers since they could possibly get caught in clothing or misfire. The types of revolvers which most weapons experts suggest for personal defense are .38 and .357.
Semi-Automatic Weapons for Self Defense

​Semi-automatic pistols are another class of guns that is commonly used for the purpose of self-defense. These weapons are more powerful than most revolvers and they are able to hold more rounds. People can reload these weapons rather quickly since they use clips.

The cons of using this weapon includes consistent training, knowing how to clean the weapon, knowing how to load and reload clips, understanding how to use the safety and how to properly work the weapon. Semi-automatic pistols can also be easily concealed.

Firearms experts claim that this class of handgun should be used by individuals who have experience with shooting weapons. Semi-automatics are also prone to malfunction when compared to revolvers. Glocks are some of the most common types of semi-automatic handguns that are used for the purpose of self-defense.


Shot Guns Good for Home Defense

12 gauge and pump action shot guns are also considered excellent choices for self-defense especially within the home. These types of weapons do not require a lot of training and they are fairly easy to operate. They are designed for up close combat situations since they are fairly easy to maneuver.
The barrels of these shot guns are fairly long which is about 18 inches and this will allow a person to easily wield the weapon in close combat situations. Experts claim that the recoil on these guns is not that powerful if a person uses lower caliber shells. Shot guns shoot their rounds in a wide pattern which means they are good for stopping multiple attackers who are positioned within a close formation.

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Rifles

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Rifles are considered one of the worst weapons to use for the purpose of self-defense. Rifles can stop an intruder or assailant from causing harm but this class of gun can be hard to operate and maneuver in close combat situations. Rifles with a scope are good for medium to long range shooting and a person would have to be skilled at using a particular kind of rifle in an emergency situation where close quarter combat takes place. Rifles are also harder to conceal and to reload.
Regardless of the type of weapon that a person uses for the purpose of self-defense they should know how to properly use their gun and make sure that their firearms are cleaned and well maintained. It is also highly advisable for individual to know about the gun and self-defense laws within their local communities.

 
This post is written by Douglas Brooks. He is the founder of ProReviewly.com . He was enthusiastic about hunting from the first shot. He is also Rifle optic guru.
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