Here is a link to every states laws concerning your rights in dealing with a home intruder http://public.findlaw.com/states_new.html below is what they said about my portion of Va. What are your rights in your state?
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Basically, the law says that you can use reasonable force to defend yourself if you' re being attacked or if you have a reasonable belief that you will be. That is, you don' t have to wait until the intruder is actually coming at you with a knife. The key word here is " reasonable" ; the jury would have to decide whether a reasonable person would have thought that the toy gun was real or that the hand going into the pocket was reaching for a weapon. States vary widely on what they consider " reasonable force." In general, if you use force against an intruder, use no more than appears necessary. That is, if a shout sends the burglar running, don' t pull a gun and shoot him in the back. If a single blow stops a burglar in his tracks, don' t beat him to a pulp. If the intruder isn' t threatening bodily harm to someone in the house, you' re on shaky ground if you use deadly force.
Some courts have held that a homeowner who could retreat safely isn' t justified in beating or killing the intruder. Likewise, courts have held that a homeowner isn' t justified in attacking a burglar if it appears that a shout or warning would be enough.
What about booby-trapping your home to keep burglars out? Despite the popularity of the movie " Home Alone," people have gotten into serious legal trouble for that sort of thing. Even if you' re fed up with repeated break-ins, you can' t set up a gun rigged to shoot anyone who comes through the window. It' s not up to you to impose a death sentence on someone who might try to break in. And the next person through the window might be a firefighter trying to save you.
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The Tazman aka Martin Price
Proud father of a Devil Dog
I' ve been looking and can' t find anything on this other that what you posted Taz. Anybody out there got a good link for something like this? There' s gotta be more out there.
Wisconsin Supreme court just this week upheld our state constitution and the federal constititution and said that business owners and homowners can carry concealed on their own property.
Ie: when i bartend, i can now pack ........... he he.
Q : What should you do if there is an intruder in the house?
A : Everyone' s afraid of finding someone in the house at night. If it happens, avoid a confrontation--your life is more important than your possessions. If possible, run away and call the police. If you can' t get yourself and your family out of the house, lock yourselves in a room. If you' re face to face with an intruder, stay calm and be cooperative.
What about self defense? You do have a legal right to protect yourself and your property, but recognize that you may end up in court if you shoot an intruder or whack him over the head with an iron pipe. You would have to argue that you really did act in self-defense or in defense of your property, and it would be up to the jury to decide whether or not to believe you.
Basically, the law says that you can use reasonable force to defend yourself if you' re being attacked or if you have a reasonable belief that you will be attacked. That is, you don' t have to wait until the intruder is actually coming at you with a knife. The key word here is " reasonable" ; the jury would have to decide whether a reasonable person would have thought that a toy gun was real or that a hand going into the pocket was reaching for a weapon.
Found this by searching the same site for " self defense." The direct link is:
You can tell that this was written by a bunch of yellow-bellied libbies, too. I' ll be damned if I' m going to lock myself in a room while a burglar has his way with my house. If somebody breaks in, I' m going to grab the old BPS and clear my house room to room until I find him. When I do, well, lets just say that there' s a very good chance he won' t get to the hospital alive.
I remember learning about the " Castle Doctrine" in one of my law classes. I believe it states that one is NEVER legally compelled to flee from ones home or business and my legally stand ones ground even if the opportunity to escape presents itself.
Some of this advice is good. You shouldn' t boobytrap your house as boobytraps that have the ability to cause death or serious bodily harm often are against the law and a felony crime.
Much of the advice is bad, however.
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Some courts have held that a homeowner who could retreat safely isn' t justified in beating or killing the intruder.
I' m not aware of these court decisions and would argue against ' turning your back" on an intruder with a weapon. That' s giving them an easy opportunity to attack and injure/kill you.
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Likewise, courts have held that a homeowner isn' t justified in attacking a burglar if it appears that a shout or warning would be enough.
Man this is vague and generic. Shouting at somebody who is shooting at you to kill you is foolish unless you do it in conjunction (at the same time) as you are shooting to defend yourself. Simply put, the longer you take to shoot back when somebody is shooting at you, the greater chance that person is going to kill you. now if you see someidiot sticking his head through your window from the outside and you just blast away, that is a different story. in that particular circumstance, you still would have time to shout at the intruder and still fire if they made a motion that would look like they were going to shoot at you.
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If you' re face to face with an intruder, stay calm and be cooperative.
Please Mr. criminal. just take my money and don' t rape my wife or murder my kids or me. What utter hogwash and extremely poor advice. If you' re face to face with an intruder, defend yourself.
It' s poor advice like this website that gets people killed and infuriates the rest of us.[:@]
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If you can read this, thank a teacher. If you can read this in English, thank a veteran.
If you're certain you know everything, there's little opportunity to learn anything.
Some courts have held that a homeowner who could retreat safely isn' t justified in beating or killing the intruder.
I' m not aware of these court decisions and would argue against ' turning your back" on an intruder with a weapon. That' s giving them an easy opportunity to attack and injure/kill you.
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Likewise, courts have held that a homeowner isn' t justified in attacking a burglar if it appears that a shout or warning would be enough.
Man this is vague and generic. Shouting at somebody who is shooting at you to kill you is foolish unless you do it in conjunction (at the same time) as you are shooting to defend yourself. Simply put, the longer you take to shoot back when somebody is shooting at you, the greater chance that person is going to kill you. now if you see someidiot sticking his head through your window from the outside and you just blast away, that is a different story. in that particular circumstance, you still would have time to shout at the intruder and still fire if they made a motion that would look like they were going to shoot at you.
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If you' re face to face with an intruder, stay calm and be cooperative
Please note: Some of the above IS NOT ADVICE!! It is a statement of some court decisions, and as such, possible precedents for YOUR case!! Use of deadly force is only legally defensible if you have retreated as far as you can go, and/or are in reasonable (not irrational) fear of being killed or seriously injured, or a member of your family is in such a situation!
Certainly, no-one is telling you to shout at someone who' s shooting at you! Obviously, in such a situtation, shouting " would NOT be enough" !! (probably never would be enough. Shouting is also B.S.!!)
One thing I do agree with you about. " Be cooperative" !! This is BS too, and will never save your life! The person who figures out a good way to fight back is less likely to be injured or killed than the sheep!! Resolve NEVER TO BE A VICTIM!!
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"Bitte, trinks du das Wasser nicht. Dahin haben die Kuhen gesheissen."
I look at it this way, if it comes down to me and my family vs. the life of some scum-sucking bottom-feeding liberal social project, then I' d rather be tried by twelve than carried by six. Even if the liberal lawyers managed to put me in jail I' d go knowing that I did the right thing by planting that a$$-wipe in the ground.
Your home defense rights by state,
