Whats that leagle mombo jumbo...."I was in fear for my life and fired to STOP the person from killing me and my family"..... Dont know about you but all these guns around the house are there to protect my family...so YES! My attitude is if someone gets past the burglalr bars, dead bolts, camra system, motion sensor lights, Rotwiler and Labador....then they are determined to do harm to me/my family.
Of course with 2 teenagers in the house I would probly just let them and their attitude attack the dirtball.....teenage girls make the rotie look down right friendly
Can't speak for NM but in Arizona you have to convince that you had belief your life, or someone else's, was in jeopardy (fear of severe or deadly bodily harm).
As Joe said it's conceivable that even an unarmed man or woman could suddenly attack you or even arm themselves with something in your own home.
At any rate by the time the authorities got there there'd be a deadly weapon next to them with their prints on it. And your story would certainly be that you feared for yours and your family members lives. He was coming at you in a threatening manner and was even talking threats so...BAM....one less to try and argue against your defense.
But, see, also in Arizona is a little known law that basically says you can only use the equivelent force that is being ued against you. I can't really say that I've ever heard of that law being applied and if they ever did there have been too many cases a lawyer could argue that in which precidences have been set otherwise.
I don't know of any states (although there may be one or two out there) that allow defending your home or property without the fear of deadly force against you.
For example, in Arizona posting your property is completely legal and many people out here in the boonies do. But if you shoot, or otherwise harm anyone, for simple trespass or breaking and entering, or burglary you're likely going to jail. Gotta have that fear of physical harm or death and....the proof of a weapon. Let's face it....no one can climb in your head so that 'fear' will be there. But, unfortunately most incidents are closely scrutinized for that element of a weapon to be used against you.
A lot of cases involving men their egos get them in trouble without them thinking the thing through. We have been trained to believe, most of us anyway, that we are our family and property protectors at whatever cost. Unfortunately current laws make that desire to protect come under tight reigns and the close scrutiny I mentioned.
7MM, btw, anyone who is certified in NM to teach the CCW will know the legal issues....or should....or better, and you could run the same question by them. Who knows, your state may well be different here in the wild, wild west.
"It confuses me how some people can vigorously go against the 2nd. Amendment and still call themselves patriotic"-me
I've asked a couple local LEO's about this very question and both told me exactly the same thing. As long as they hae crossed the threshold of you house, they are fair game. One cop even told me if they manage to crawl out, he'd reccomend dragging them back in order to simplify the situation...I think cops like crooks about as much as the rest of us.
On another note, one of my uncles personal friends went through this very thing. Somebody broke into his house while he and his family were home. The wife sent him to investigate, so he took the 357. About the same time they spotted each other in the living room, he shot him once in the chest. Turned out the guy was armed with a knife, but I'd rather not find that out the hard way.
"The secret to life is honesty and fair dealing, if you can fake that you've got it made"
As far as I know for PRK and TN fear for one's life is all that is required so if they are using force to make entry then I would let them once if you can justify fear to a reasonable person of injury to yourself or another then you can shoot. Of course my personal opinion is to shoot upon entry and to plant a hunting knife in the persons hand.
It is up to the jury. Would 12 of your peers agree that what you did was justifiable? Would those 12 people do what you did in your situation?
If the answer is yes, then you go free. If no, you go to jail. Its that simple.
It all depends on the state you live in. I believe Illinois has a law that says you have to avoid a confrontation, even within your own home. A case a while back lead to a man slaughter charge and conviction against a home owner who could have fled his home via a second story window but instead chose to confront the intruder. In Kansas you can defend with deadly force (within the home) as long as you felt your life was in danager. If they are not in the house you have to let law enforcement take care of it. You can't take a shotgun outside to "see what that noise was".
Liberty is for those that claim it.
being i have had a few neck surgeries i would take any intruder as a hostile intruder.weapon or no weapon i will shoot his ***.
i can't take the chance of getting into a fist fight with anyone .
so a gun or weapon is my only home defense .and jumping out of a window is out of the question being my window is right next to the door he would be coming in from.and i ain't about to jump out of a window in my condition and leave my kids inside with this guy not to mention injure myself more by jumping out of the window. althouhg i probably would not shoot to kill o would shoot to severly mame him so he could go through life and think about what he did and why he don't have his private parts no more just tell the cop's i was a bad shot
What!!!! So if you wake up at 3 in the morn, and some guy is in your house, you get up, get a gun tell the guy to freeze, and the guy decides to rush you without a weapon, your supposed to not shoot him???? You supposed to wrestle with him in the hopes he doesn't get your gun and use it on you?
__________________ U.S. Army
237th Combat Engineers
thats one good thing about oklahoma. they call it the "make my day " law. if the guys in ur house you can take em down! had a cop here tell me once if i had to shoot someone out side,drag him back in the house and shoot him again :assult: