Home defense laws in your state?

[ArkansasHunter]

Here in Arkansas you can shoot a bugler in your house and thats all !!!
And as cubbieman posted it is the same here you have to fear for your life.
In the concealed carry class the instructor said if someone is stealing your car you can't shoot them unless you fear for your life...You figure ?
You can't shoot if your angry or mad and in all confrontations with a criminal you must try to get away and avoid useing your firearm unless your afraid. Hummm...A.H

[LiveToShoot]

In Idaho we're legally able/allowed to protect ourselves, others and property...
Idaho Statutes

[Farmer]

In all states in Australia, you may not own a firearm for protection but as proven in court you can use one to defend yourself.

There are a few precursors of course.

1. You must be in fear of your life, so the dead guy told you was going to kill you.. whos to argue?

2. You must have no avenue of retreat. So you were coming down the stairs and saw the guy, he said your dead and you fired....

A case her in aus was a guy heard a noise downstairs, he grabeed a 30-30 loaded 2 rounds and went to look. He met 3 guys on the stairs, the first one said get outta my way or your dead, so he shot him. The next guy said you killed my brother, i'll get you for that, so he shot him. BTW, guy is now empty, the third guy lays down a nd says please dont shoot.

Net result is the guy walked from court vindicated, and ruined the governments new really strong gun laws.

[Windwalker]

Be sure and check the law in your State so you won't get a nasty surprise.

[LiveToShoot]

Here's a reference resource to see what your state has on the books for justifiable homicide:
Idaho State Statutes - Idaho Attorney Directory - Idaho Lawyer Directory

[soonerborn]

Oklahoma is the originator of the "Make my day" law.

I have read the Oklahoma statutes before just so I would know and a few lines that I payed particular attention too are

1. You can shoot anyone posing a threat to you or anyone with you anywhere you have the right to be.

2. You can also shoot them to stop a felony, anywhere.

3. They dont have to be armed.

4. You have a right to stand your ground and protect your life and property.

5. If someone breaks into your house or car they are automatically assumed to intend violence.

6. You cannot be arrested for shooting someone under this law.

7. If you do get arrested and are later found to be covered by this law the state/county has to pay all your fees, lost wages, attorney costs associated with it.

so i think OK is pretty clear on the whole issue. Of course there have been a couple idiots that try to use this law to knock off people they know and were promptly convicted of murder. I also remember a case here where a guy stepped outside and shot his neighbor who he thought was a burglar in his yard. He got convicted on 2nd degree murder I believe.

I dunno if this really pertains to this discussion or not but I just thought of it so....
There have been a few escaped convicts who have attempted to hide out in the area around here and local law enforcement puts out the word around town (very small rural town). Lots of people with lots of guns riding around in trucks start combing the area looking for them. I have never heard of them shooting somone in a circumstance like this but they have managed to capture a couple of escapees this way. I just wonder how/if they would be covered under this law. I mean its not like they are deputized or anything. Just good ol boys in a truck with some loaded guns and cold beer. If they put bounties on the guys then it really gets crazy.

[Inew2guns]

I like Oklahoma's law's

[meatloaf]

In COLORADO IF THEY BREAK IN SHOOT THEM DEAD. Some will argue to wound, but the reality of it is if you dont kill them they can sue you for disfigurement, dismemberment (depending on your caliber). In factyou are legaly better off to shoot them dead then maybe stabbing them or beating them up. I am not kidding.

[neophyte]

Mad Hatter: Sir; NC laws are a little ambiguous.
Personal property is not a good enough reason to kill anyone.
"Imminent" Threat, threating is how the law reads. In your yard, home you do not have to retreat, you must feel 'life' imminent threat

[dscrick]

Here is a condensed version of the law in Ohio. This is from the Attorney General's CCW book, Available at:

http://www.ag.state.oh.us/le/prevent...et20070314.pdf

In Ohio, deadly force can be used only to prevent serious bodily harm or
death. It can never be used to protect property only. Depending on the
specific facts and circumstances of the situation, use of deadly force may
lead to criminal charges and/or civil liability.

Self-Defense
Depending on the specific facts of the situation, an accused person
may claim that use of deadly force was justified to excuse his or her
actions, which would otherwise be a crime. Self-defense or the defense
of another is an affirmative defense that an accused may assert against a
criminal charge for an assault or homicide offense. The term “affirmative
defense” means the accused, not the prosecutor, must prove by a
preponderance of the evidence that he acted in self-defense or in defense of another. In other words, the defendant must prove that it is more
probable than not that his use of deadly force was necessary due to the
circumstances of the situation.

Condition 1: Defendant Is Not At Fault
First, the defendant must prove that he was not at fault for creating
the situation.

Condition 2: Reasonable and Honest Belief of Danger
Second, the defendant must prove that, at the time, he had a real belief
that he was in immediate danger of death or great bodily harm and that
his use of deadly force was the only way to escape that danger. Bear
in mind that deadly force may only be used to protect against serious
bodily harm or death. The key word is serious.

Condition 3: Duty to Retreat
A defendant must show that he did not have a duty to retreat or avoid
the danger. A person must retreat or avoid danger by leaving or voicing
his intention to leave and ending his participation in the confrontation.
If the person retreats and the other continues to fight, the person who
left the confrontation may be later justified in using deadly force when
he can prove all three conditions of self-defense existed, even if he was
honestly mistaken about the existence of immediate danger.
In Ohio, there is no duty to retreat from one’s own home. There is no
duty to retreat if there is no manner by which you can retreat safely.
However, being in one’s own home is not a license to use deadly force
against an attacker. The person who is attacked in his own home,
without fault of his own, may stand his ground and use deadly force
only if he reasonably and honestly believed that deadly force was
necessary to prevent serious bodily harm or death. If the person does
not have this belief or he created the confrontation, he cannot use deadly
force and must leave the situation, even if he is in his own home.

Defense of Others
A person may defend another only if the protected person would have
had the right to use self-defense. Under Ohio law, a person may defend
family members, friends or strangers. However, just as if he were
protecting himself, a person cannot use any more force than is reasonable
and necessary to prevent the harm threatened.

A defendant, who claims he used deadly force to protect another, has
to prove that he reasonably and honestly believed that the person he
protected was in immediate danger of serious bodily harm or death
and that deadly force was the only way to protect the person from that
danger. Furthermore, the defendant must also show that the protected
person was not at fault for creating the situation and did not have a duty
to leave or avoid the situation.

[mym1a]

Originally Posted by cubbieman

in alaska lethal force is justified if you have fear of serious bodily harm, death, rape, or robbery

Here in NY just about the same rule applies your not required to flee your home,
I know other states do tho, well I guess if you could afford body guards 24/7 It woudn't matter much