OT: Castle Law

[BulldogBear]

Does it apply if you are a guest? For instance, you are visiting your elderly parents and someone just 17ing tries to open the door like someone just did at my parents' house. They have weapons but would not be capable of wielding them in time to stop a home invasion. But what if I am there?

[Duckdog]

kill them

[starkvegasdawg]

Smoke em like a fine cigar.

[tireddawg]

If I'm anywhere & someone threatens me or family's life it's me or them. Rather be judged by 12 than carried by 6. But as far as the law, I don't know. Interesting though.

[Treemydawg]

Does it apply if you are a guest? For instance, you are visiting your elderly parents and someone just 17ing tries to open the door like someone just did at my parents' house. They have weapons but would not be capable of wielding them in time to stop a home invasion. But what if I am there?

There should be a dead body at the front door.

[BoomBoom]

Does it apply if you are a guest? For instance, you are visiting your elderly parents and someone just 17ing tries to open the door like someone just did at my parents' house. They have weapons but would not be capable of wielding them in time to stop a home invasion. But what if I am there?

probably depends on state law, but i'd think a shoot first action by a guest could much more easily be portrayed as reckless, as you wouldn't know if another guest or a neighbor were the person at the door.

even if you were the owner, i'd think some means of breaking and entering would be needed to justify a shooting, or something other than just trying to open a door, as that person may just be at the wrong house for legit reasons.

[starkvegasdawg]

If they come in the house and realize you're armed and dont immediately run or go hands up then...

https://m.youtube.com/watch?v=04F4xlWSFh0

[BulldogBear]

Oh don't get me wrong, they would die die die. I'm just wondering how good of a lawyer I would need!

Seriously, I'm just pissed at the brazenness of it. They're stuck in an old subdivision that has become the hood, like so many elderly folks. The person (s) tried the knob for several minutes and then there were two bumps against the door. Sheriff came and found nothing. My mom got out her shotgun. She said something like if someone came through the door she would tell them her finger is on the trigger. I told her if somebody comes through that door that you don't recognize, you PULL the trigger. No need for words.

[starkvegasdawg]

Oh don't get me wrong, they would die die die. I'm just wondering how good of a lawyer I would need!

Seriously, I'm just pissed at the brazenness of it. They're stuck in an old subdivision that has become the hood, like so many elderly folks. The person (s) tried the knob for several minutes and then there were two bumps against the door. Sheriff came and found nothing. My mom got out her shotgun. She said something like if someone came through the door she would tell them her finger is on the trigger. I told her if somebody comes through that door that you don't recognize, you PULL the trigger. No need for words.

Yeah. Don't announce you have a gun. Let their first clue be them staring down the barrel as the trigger is pulled.

[MSUMatt]

I have a hard time feeling a DA would try and prosecute that situation as you described it. Just don't think a grand jury would back it up.

[msstatelp1]

My understanding of the law is that wherever you are becomes your "home" and you are allowed to defend yourself if you feel threatened.

[Dawgtini]

My understanding of the law is that wherever you are becomes your "home" and you are allowed to defend yourself if you feel threatened.
I agree. And in Mississippi I believe the Sheriff will also assist in cleaning up the mess in the house.

[Taog Redloh]

probably depends on state law, but i'd think a shoot first action by a guest could much more easily be portrayed as reckless, as you wouldn't know if another guest or a neighbor were the person at the door.

even if you were the owner, i'd think some means of breaking and entering would be needed to justify a shooting, or something other than just trying to open a door, as that person may just be at the wrong house for legit reasons.
Well duh. I would hope no one would blast a guy, or even have HOME INVASION register in their brain, for someone who was politely ringing the doorbell at a normal hour of the day.

Nice take, genius.

[dickiedawg]

I'm no lawyer. But if you take a "shoot on sight" policy and there's not a clear danger to you or your family, you'd be in a mess, legally.

[Jack Lambert]

I asked a lawyer here at my office that very same question and he said it has not been clarified yet and it's going to take that to happen in order for it too be. He told me you can protect yourself no matter where you are and Miss Gun laws are pretty open so that you can.

[HereComesTheSpiral]

Make sure they're dead so they can't talk, just don't shoot them if they're running

[TheRef]

If you feel that you are in imminent danger, then you can defend yourself in a reasonable manner. So that means if someone breaks into your house, and you feel that you are in imminent danger, then it is your right to defend yourself until you feel safe.

[DownwardDawg]

My safe comment on this; Call an Instructor that teaches Enhanced Carry classes. There are tons of them. The law is clearer than u would think and much more protective of law abiding citizens.
Short answer........shoot.

[Mjoelner34]

Just don't shoot 'em in the back but remember what Tater Salad said, you can shoot 'em in the leg 'til they turn around.

[HSVDawg]

Does it apply if you are a guest? For instance, you are visiting your elderly parents and someone just 17ing tries to open the door like someone just did at my parents' house. They have weapons but would not be capable of wielding them in time to stop a home invasion. But what if I am there?

In my completely uneducated legal opinion, I'd say a lot probably depends on what state you are in. If it's NY, California, or Massachusetts you may be in trouble. Otherwise you are probably OK.

It also probably depends on the nature of the entry. If someone kicks the door in or prys it open with a crow bar, you can reasonably assume intent to harm or willingly enter the premises in an unlawful manner and protect yourself the same way as you would if someone tried to come at you on the street. But it's a much bigger gray area if someone just tried to turn a locked knob, I would think.

[Dawgbite]

When I took the Enhanced Course one thing stood out to me. The average civil case of a self defense shooting in which no criminal charges were filed costs the shooter $80,000 in legal fees. His advice was to decide very quick if what you are protecting is worth more than $80,000 before you pull the trigger. It made me rethink when and if I would pull the trigger.

[msujan]

Checked eith my LEO son. If there's a threat to the persons in the home, the guest has the same rights as the homeowner.

[starkvegasdawg]

In my completely uneducated legal opinion, I'd say a lot probably depends on what state you are in. If it's NY, California, or Massachusetts you may be in trouble. Otherwise you are probably OK.

It also probably depends on the nature of the entry. If someone kicks the door in or prys it open with a crow bar, you can reasonably assume intent to harm or willingly enter the premises in an unlawful manner and protect yourself the same way as you would if someone tried to come at you on the street. But it's a much bigger gray area if someone just tried to turn a locked knob, I would think.

The thing is just trying to turn a locked knob is not gaining entry. You'd have to shoot them through the door which would be illegal I would think. But, if they have gained entry through a locked door and they don't belong there then you can shoot til your barrel melts down.

[TUSK]

This thread makes me happy I live where I do.... Much lower threshold for killin', and what not, out here...

Now that I think of it, perhaps that's why there's a low amount of "jackassitry" here.... hmmmmmm

[Dawgtini]

When I took the Enhanced Course one thing stood out to me. The average civil case of a self defense shooting in which no criminal charges were filed costs the shooter $80,000 in legal fees. His advice was to decide very quick if what you are protecting is worth more than $80,000 before you pull the trigger. It made me rethink when and if I would pull the trigger.

This may help you make that decision a little more quickly
https://www.usconcealedcarry.com/membership/?id=3steps&sid=Homepage-NAV

[Duckdog]

I'm no lawyer. But if you take a "shoot on sight" policy and there's not a clear danger to you or your family, you'd be in a mess, legally.

i think you need to work on reading comprehension.

[Commercecomet24]

This thread makes me happy I live where I do.... Much lower threshold for killin', and what not, out here...

Now that I think of it, perhaps that's why there's a low amount of "jackassitry" here.... hmmmmmm

I believe you're onto something.

[MStateDawg]

Make sure they're dead so they can't talk

^^^This^^^ Your side of of the story needs to be the only one told, otherwise it becomes he said/she said.

[Tbonewannabe]

This thread makes me happy I live where I do.... Much lower threshold for killin', and what not, out here...

Now that I think of it, perhaps that's why there's a low amount of "jackassitry" here.... hmmmmmm

Bama fans have it made. If you don't like where you live just hook up and pull it somewhere else. Pot/kettle

[dickiedawg]

i think you need to work on reading comprehension.


My reading comprehension is fine, fella. Nothing in the OP suggested any danger to the occupant. The first 4 responses were some variation of "Dead intruder" with the implication of no questions asked, and I can about guarantee you it's not that cut and dried, legally.

[Duckdog]

he said breaking in had weapons thats a threat a warrants a death sentence

[dickiedawg]

He said the parents have weapons.

[ScoobaDawg]

Does it apply if you are a guest? For instance, you are visiting your elderly parents and someone just 17ing tries to open the door like someone just did at my parents' house. They have weapons but would not be capable of wielding them in time to stop a home invasion. But what if I am there?


Oh don't get me wrong, they would die die die. I'm just wondering how good of a lawyer I would need!

Seriously, I'm just pissed at the brazenness of it. They're stuck in an old subdivision that has become the hood, like so many elderly folks. The person (s) tried the knob for several minutes and then there were two bumps against the door. Sheriff came and found nothing. My mom got out her shotgun. She said something like if someone came through the door she would tell them her finger is on the trigger. I told her if somebody comes through that door that you don't recognize, you PULL the trigger. No need for words.


My reading comprehension is fine, fella. Nothing in the OP suggested any danger to the occupant. The first 4 responses were some variation of "Dead intruder" with the implication of no questions asked, and I can about guarantee you it's not that cut and dried, legally.
EXACTLY. There might be a sense of possible danger that makes your nerves on edge but no real danger (in other words don't shoot through the door)


he said breaking in had weapons thats a threat a warrants a death sentence

WRONG. if you are going to correct someone you better read and examine everything correctly. Nowhere did Bear say the person attempting to possibly break in had weapons. His parents do.. the person TRYING to break in was never identified to have any weapons.

Bear, I would say it would be hard for your elderly parents to be convicted when someone is body checking their door trying to gain access. I would suggest having them give a verbal warning and telling the person the cops have been called, whether true or not. If the door is breached, do whatever it takes to protect yourself.
Now for you, Same.. but definitely give a warning and try to identify who is outside before just shooting.

You can just start shooting if you want but you have to deal with the consequences.

[BulldogBear]

EXACTLY. There might be a sense of possible danger that makes your nerves on edge but no real danger (in other words don't shoot through the door)



WRONG. if you are going to correct someone you better read and examine everything correctly. Nowhere did Bear say the person attempting to possibly break in had weapons. His parents do.. the person TRYING to break in was never identified to have any weapons.

Bear, I would say it would be hard for your elderly parents to be convicted when someone is body checking their door trying to gain access. I would suggest having them give a verbal warning and telling the person the cops have been called, whether true or not. If the door is breached, do whatever it takes to protect yourself.
Now for you, Same.. but definitely give a warning and try to identify who is outside before just shooting.

You can just start shooting if you want but you have to deal with the consequences.

The situation as clarified above is correct.

I was not suggesting shoot them through the door!

But anyone forcing entry has no leg to stand on. "I broke into the wrong house by mistake?" Please. You better be sure you're at the right freaking house. An old couple should not be having to make complicated decisions about a stranger that suddenly busts down the door. As I told my mom, if the door opens and you don't recognize that person, it's better to be judged by 12 than carried by six.

Seriously no one thinks that violently busting down a door is something one does by mistake. And if so, that still doesn't do anything for the terrified people inside. Danger, and whether death or serious bodily harm is feared, is a matter of persepective.

If you want my honest opinion, I don't get how this is even an issue really. With or without the castle law.

[starkvegasdawg]

If you want my honest opinion, I don't get how this is even an issue really. With or without the castle law.

It's not. If someone breaks in your house you've always had the right to shoot.

[Dawgbite]

This may help you make that decision a little more quickly
https://www.usconcealedcarry.com/membership/?id=3steps&sid=Homepage-NAV

Are you a member and what level?