Can you shoot to kill?

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franka00213

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I live in California, I had a question. If someone breaks into your house and you are armed and legal to carry a firearm. Can you shoot the person breaking into your house? Will you get into trouble? Or do you have to wait for the person breaking in to produce a firearm before you can defend yourself?
 

RolnCode3

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You will need to have some justifiable fear for your safety. If they break in, are completely unarmed, and you shoot them, you will likely be arrested.

I'm just saying that's how it is. You may not be prosecuted and found guilty, but you will probably be arrested. There was a case where a guy shot (can't remember if he killed him or not) someone stealing his car. He was arrested. There have been others here in Sacramento, but I can't think of them and am too lazy to search right now.

And now the peanut gallery will tell you how that's a miscarriage of justice and we should just hang them all from their toes and the libs did it all.
 

car2back

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haha, Code3 said it best. You must be able to articulate that you felt the intruder was about to commit a forcible and life endangering act against you or another occupant of the home, and that you felt it was necessary for you to use a firearm to prevent or stop the subject from carrying out his unlawful action. The court will look at if a reasonable person in your position would feel the same way.
 
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franka00213

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Thanks I was debating with a friend of mine, but you answered my question!!! (>im right<) LOL!! Thanks
 

kd7rto

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I fondly remember the day I packed up and left. Just before crossing the state line, I pulled over and spat on California one last time.

In the state I now call home, there was a recent home invasion where the punk quickly discovered he had chosen the wrong door to kick in:

http://www.sltrib.com/ci_8590832
 

bpckty1

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I'm not in California, but I've heard it said over the years:

Shoot to kill shows intent, AKA/MURDER, or any lesser homicide.

Shoot to stop shows Self Defense.
If the crook is seriously injured, or dies, well it IS a job hazard the crook just has to accept.
 

Austin4Wyo

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bpckty1 said:
I'm not in California, but I've heard it said over the years:

Shoot to kill shows intent, AKA/MURDER, or any lesser homicide.

Shoot to stop shows Self Defense.
If the crook is seriously injured, or dies, well it IS a job hazard the crook just has to accept.
I don't think in most of those situations that "shoot to stop" is a terribly viable practice. Somehow, shooting the gun out of someone's hand when there is percieved imminent threat to you or your family seems rather foolish.

EDIT: Nevermind, I misunderstood that you were arguing semantics and not practice. I'll be going now. :D
 

Don_Burke

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I fired six warning shots into the suspects head, whereupon he halted.

I read him his constitutional rights from the preprinted card and he chose to remain silent.
 

Austin4Wyo

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Don_Burke said:
I fired six warning shots into the suspects head, whereupon he halted.

I read him his constitutional rights from the preprinted card and he chose to remain silent.
Six shots? JUST WHO THE HELL DO YOU THINK YOU ARE? DOC FRICKIN' HOLLIDAY?!?

That being said, I recall one time here in Wyoming a friend of mine had a bit of a run in with her ex which resulted in him deciding to make a visit to her home, which was in high violation of the protection order. He then tried to enter the home forcibly.

She got out the shotgun and cycled the pump action just once without even loading it. The ex proceeded to stop.

Sometimes, the threat of force is all it takes. I think the threat of a seventh bullet to the head would work quite effectively, actually.
 

trace1

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Some may say "shoot to maim" to stop that intruder as a form of self-defense, but that may just make that intruder really MAD and a wounded and pissed off person may still be able to cause harm to you and your family depending upon what type of firearm you use and how good your aim is.

Others, of course, will say "shoot to kill" to stop that intruder as a form of self-defense, and as it as already been stated, by a Law Enforcement Officer from the very state in which you reside in, you'll need to show justifiable means for taking such action.

I can assure you, if an intruder enters my home I'm going to feel threatened and fear for the safety and life of my wife, sons, and myself...

"Yes Officer, I really tried to shoot him in the left shoulder but he ducked his head and I accidently hit him right between the eyes." ;)
 

gmclam

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RolnCode3 said:
There was a case where a guy shot (can't remember if he killed him or not) someone stealing his car. He was arrested. There have been others here in Sacramento, but I can't think of them and am too lazy to search right now.
If it's the same case, this happened last year (2007). The homeowner went outside armed, only to find someone stealing his auto. There had been a lot of auto thefts in the area recently. He shot the would be thief, but did NOT kill him. The homeowner was arrested. The community was outraged. A local radio personality bailed him out of jail. Later charges were dropped because the circumstances showed that the homeowner felt threatened for his life and defended himself.

I don't want to get OT here; but it really bothers me that so much law enforcement energy goes into following, arresting & prosecuting people with drugs while there is no visible enforcement in auto theft. If we had the same level of sting operations for auto theft, this greater area would not be the "auto theft capital of the world". Yeah I know drug dealers cause crimes, but only because the value of drugs is artificially inflated. I don't use them, never have, never will... but we didn't learn from prohibition of alcohol.

The direct answer to the original question: you're only allowed to use deadly force when deadly force is being used against you (or you reasonally perceive it is).
 

iMONITOR

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Acting within the law's (for your state) circumstances which allow for use of deadly force, there should be no hesitation to use it, and if it results in the death of the bad guy(s), then justice was done. Attempting to shoot to cause injury, and not death is careless and can get you killed. If you own a deadly weapon for self defense, then use it as such. The bottom line, it's you, or them, take your pick! No guilt, no apology necessary.
 

iMONITOR

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AZScanner said:
If you break into my house I will calmly sit and slowly dial 9-1-1 while my very large overprotective dog proceeds to chew your arms and legs off. :)

-AZ
And pray the perp doesn't shoot your dog, then you.
 

car2back

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GreatLakes said:
Acting within the law's (for your state) circumstances which allow for use of deadly force, there should be no hesitation to use it, and if it results in the death of the bad guy(s), then justice was done. Attempting to shoot to cause injury, and not death is careless and can get you killed. If you own a deadly weapon for self defense, then use it as such. The bottom line, it's you, or them, take your pick! No guilt, no apology necessary.
Amen, and along with the shoot to kill vs. shoot to incapacitate... remember if he's dead, that's one less witness ;)
 
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nec208

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I think you can only shoot some one if some one is armed.Going out side is not considered you are scared.Call 911 and they will tell you to lock your self in a room and if the bad guy comes in and is armed than you can shoot.

You can only shoot if you are scared and the bad guy is armed or is going to do some thing, to do harm to you.

But this shooting has to stop and why I say that, is now most home invasion in Toronto there is 5 thugs that brake in for this reason.The thing is, if everyone has guns and shoot everyone than they come in groups.

Why are there gangs ? Too poor,can't find work,support one self,friends or family in gangs or just bad area of city than one is to scared to walk by them self with a gun.
 
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