Author Topic: american law about shooting a burglar  (Read 2469 times)

Fatpanda

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american law about shooting a burglar
« on: April 17, 2010, 02:42:22 PM »
is it legal to shoot and kill someone who breaks into your house ?

can you shoot them for just being on your property ?

do they have to be armed ?
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Re: american law about shooting a burglar
« Reply #1 on: April 17, 2010, 02:46:46 PM »
In CO they just have to be inside your home. It's called the "Make my Day" law.

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Re: american law about shooting a burglar
« Reply #2 on: April 17, 2010, 02:48:37 PM »
is it legal to shoot and kill someone who breaks into your house ?

can you shoot them for just being on your property ?

do they have to be armed ?

depends on the State .

Fatpanda

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Re: american law about shooting a burglar
« Reply #3 on: April 17, 2010, 02:49:28 PM »
In CO they just have to be inside your home. It's called the "Make my Day" law.

i saw a film with stephen dorff about a guy who shoots a burglar and gets sent to prison.

but thought it was 'anything goes ' on these criminals.

in the movie the thief was running away and was shot in the back on dorffs lawn.

is this correct ? do they have to be armed before you can shoot them ?

how about in florida ?
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Re: american law about shooting a burglar
« Reply #4 on: April 17, 2010, 02:50:42 PM »
is it legal to shoot and kill someone who breaks into your house ?

can you shoot them for just being on your property ?

do they have to be armed ?

In California if someone breaks into your house and you shoot them coming in through your window and they fall outside. The person protecting their home and family will be charged. I was always told (by numerous cops) if that should happen, drag them into the house.

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Re: american law about shooting a burglar
« Reply #5 on: April 17, 2010, 02:53:32 PM »
it varies by state, but it usually has to do with a justifiable fear that your life is in danger

so if you walk in to unarmed burglers, and shoot them.......you will probably be in trouble

but if you walk in to armed burglers, and shoot them......you are justified in your actions

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Re: american law about shooting a burglar
« Reply #6 on: April 17, 2010, 02:54:28 PM »
it varies by state, but it usually has to do with a justifiable fear that your life is in danger

so if you walk in to unarmed burglers, and shoot them.......you will probably be in trouble

but if you walk in to armed burglers, and shoot them......you are justified in your actions
what if they are unarmed but there's 2 or three of them ?
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pugalist666

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Re: american law about shooting a burglar
« Reply #7 on: April 17, 2010, 02:55:09 PM »
in texas and flordia you can kill some one for even pic pocketing your wallet and get away with it

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Re: american law about shooting a burglar
« Reply #8 on: April 17, 2010, 02:57:55 PM »
Texas doesn't fuck around. I've read they still have laws on the books allowing you to shoot people on your land with wire cutters on their person. An old law from the cattle rustlin' days.

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Re: american law about shooting a burglar
« Reply #9 on: April 17, 2010, 03:06:13 PM »


how about in florida ?

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0776/SEC013.HTM


The 2009 Florida Statutes
   
Title XLVI
CRIMES
   
Chapter 776
JUSTIFIABLE USE OF FORCE
   
View Entire Chapter

776.013  Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(1)  A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a)  The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b)  The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2)  The presumption set forth in subsection (1) does not apply if:

(a)  The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b)  The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c)  The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d)  The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3)  A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4)  A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5)  As used in this section, the term:

(a)  "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b)  "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c)  "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

History.--s. 1, ch. 2005-27.



Also search:

Castle Doctrine

Stand Your Ground Law Florida
R

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Re: american law about shooting a burglar
« Reply #10 on: April 17, 2010, 03:09:41 PM »
what if they are unarmed but there's 2 or three of them ?

like i said, they dont necessarily have to be armed, you just have to possess are reasonable fear that you life is in danger

so once again, if you walk in to 3 guys robbing your house, and they turn to run away, but you shoot them.......you will most likely be in trouble

but if you walk in to 3 unarmed guys robbing your house, and they look like they are going to hurt you........you are justified in shooting them




pugalist666

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Re: american law about shooting a burglar
« Reply #11 on: April 17, 2010, 03:13:00 PM »
any one remember that guy who shot two mexicans in the back as they where fleeing a b&e , guy killed both of them and didnt even get arrested let alone charged

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Re: american law about shooting a burglar
« Reply #12 on: April 17, 2010, 03:15:34 PM »
thanks to Jeb Bush, Castle Doctrine now applies to your car.

If they put a hand in your window and you fear for your life, you are legal.

It sounds crazy, but if some prick is nuts enough to reach their hands into another persons vehicle in rage, the world doesn't need em.

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Re: american law about shooting a burglar
« Reply #13 on: April 17, 2010, 03:22:34 PM »
 >:(

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Re: american law about shooting a burglar
« Reply #14 on: April 17, 2010, 03:27:26 PM »
 >:(

NarcissisticDeity

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Re: american law about shooting a burglar
« Reply #15 on: April 17, 2010, 03:28:03 PM »
 >:(

NarcissisticDeity

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Re: american law about shooting a burglar
« Reply #16 on: April 17, 2010, 03:29:09 PM »
 >:(

NarcissisticDeity

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Re: american law about shooting a burglar
« Reply #17 on: April 17, 2010, 03:30:26 PM »
 >:(

NarcissisticDeity

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Re: american law about shooting a burglar
« Reply #18 on: April 17, 2010, 03:31:17 PM »
 >:(

FREAKgeek

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Re: american law about shooting a burglar
« Reply #19 on: April 17, 2010, 03:31:31 PM »
is it legal to shoot and kill someone who breaks into your house ?

can you shoot them for just being on your property ?

do they have to be armed ?

There was a case in Texas where two black men burglarized a home and ran off with stolen goods. The owner shot and killed them in the process. He was cleared of all wrong doing.

pugalist666

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Re: american law about shooting a burglar
« Reply #20 on: April 17, 2010, 03:32:57 PM »
There was a case in Texas where two black men burglarized a home and ran off with stolen goods. The owner shot and killed them in the process. He was cleared of all wrong doing.

they where mexican illegals,  not black , the protesters where black

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Re: american law about shooting a burglar
« Reply #21 on: April 17, 2010, 03:33:57 PM »
 >:(

NarcissisticDeity

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Re: american law about shooting a burglar
« Reply #22 on: April 17, 2010, 03:35:40 PM »
 >:(

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Re: american law about shooting a burglar
« Reply #23 on: April 17, 2010, 03:36:35 PM »
my brother shot a guy who tried to rob his pharmacy 5 years ago.  

when the cops arrived, he already had it locked open and unloaded.  they were very friendly and many of the sheriffs shook his hand for defending himself.

the guy who tried to rob him already had warrants for attempted murder on police officers.

NarcissisticDeity

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Re: american law about shooting a burglar
« Reply #24 on: April 17, 2010, 03:39:25 PM »
 >:(