Just a little scenario...Check it and what to u think??? Lawyers welcome to chime in.

[jd3772000]

Got this from one of the gun forums im on.

How Well Do You Know Gun Law?

Here's the scenario: You're at home with your wife and children. It's 2:00 am. Two masked, armed intruders break into your home. One has a loadedAK, the other a loaded sawed-off 12 ga. shotgun.

After a few seconds, your trusty labrador hears them in the home, and alerts you with aggressive barking, just as the pair of thugs enters your master bedroom.

You pull your handgun of choice from your nightstand and deliver two perfect center-of-mass shots to the first intruder as he appoaches the bed, and you retirehim from the fight immediately.

Upon seeing his partner crumple, the other bad guy throws down his shotgun and runs for the front door, which is still open. You clear the corner of the roomin time to see him in the foyer still 3 feet from the front door, with your grandmother's silver collection under his arm, screaming like a baby andrunning like hell for the door. You drop him with another perfectly-placed shot to the back of the head.

Your security system has captured every bit of the event on video.

Do you have any legal problems?



I think you will have legal problems due to the fact that the guy is retreating from the scene, even though he was orginally armed.

 

[vrp32tl]

For the first guy you shot, no you do not have legal problems. He posed a threat to you and your family. The second guy you shot running away, now that is aproblem. He dropped his weapon and posed no threat to you or your family anymore. So shooting him, in the laws eye and not mine (cause I would shoot anyonecoming into my house uninvited), is considered murder. IMO of course.

 

[sorkoram]

They break into your property, you have the right to defend yourself and your family if you feel danger, if I'm not mistaken.

 

[th0mas cr0wn]

the 2nd guy will get you in trouble definitely


now lets say he wasn't shot in the back of the head but somewhere at a frontal entry point, you might be able to say you thought he was still armed and you'feared for your life'. You didn't know whether or not he had another weapon on him since it was dark

using the term 'fear for life' is very important


also somewhat depends on the state, not all states have Castle doctrine

 

[jd3772000]

Someone posted this...and i think he has it on the dime...even though most of us would shoot without even thinking...

If you shoot the guy running away from you after he dropped his weapon that could deliver deadly force to you or a family member you are in trouble my friendbig trouble, although you might argue that the heat of the moment and the stress you were under made you over react, you would still be charged with a crimeand to time!

On the other hand if you are in your home and someone tries to break down your door to gain entry you have the right to use what ever force necessary to repelthe intruder this includes deadly force.

 

[dirtylicious]

depends on the state I believe.

 

[smoke ya later]

definitely depends on what state you live in just like dirty said.

ky, tx, fl. not sure what others

 

[eleet1]

If you shoot the second guy in the leg or something i think you might have a chance of getting off. But killing him when he drops his weapon and is runningaway from you will get you in trouble.

 

[kanyewestjayz4life]

This was in a Val Kilmer movie. haha

It murder for the cat running away. You just have to let him or her go.

 

[dirtylicious]

ps.

Texas: http://www.rc123.com/texas_castle_doctrine.html

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery

You clear the corner of the room in time to see him in the foyer still 3 feet from the front door, with your grandmother's silver collection under his arm, screaming like a baby and running like hell for the door. You drop him with another perfectly-placed shot to the back of the head.


good shoot.

 

[jd3772000]

Was thinkin the same but u never know what would happen untill it does. Good lawyer would help.

 

[retroflashbacks]

First dude you would've gotten away fine..but i think second dude would've gotten you in trouble.

Not sure how true it is, but my friend who majored in police studies...said that if someone broke into your house armed in NY, and you do not kill them in oneshot, they are able to counter-sue you?

 

[donfratrachelli]

Originally Posted by Dirtylicious

ps.

Texas: http://www.rc123.com/texas_castle_doctrine.html

(C) was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery

You clear the corner of the room in time to see him in the foyer still 3 feet from the front door, with your grandmother's silver collection under his arm, screaming like a baby and running like hell for the door. You drop him with another perfectly-placed shot to the back of the head.


good shoot.

Texas. In states like Texas and Oklahoma, you can call the cops, thentalk #$!% to the dispatcher about how you're going to go chase them down and kill them, and then shoot them in the back for robbing the house of a neighboryou don't even know. Or how bout shooting 1, then going and chasing the other one, getting another gun, and coming back 10 minutes later to finish off thefirst one you shot?
If you are a gun person, the South is where you need to be. You can buy guns at Pawn shops and gun shows too, straight cash, no ID.

But in normal states, the second one would get you in trouble just because he was no longer a threat