Gun Control & RKBA
Related: About this forumSC Homeowner fights back, shoots burglar
http://www.abcnews4.com/story/16605220/homeowner-fights-back-shoots-burglarLeonard Nathaniel discovered two men, one armed with a gun, had broken into his home. What they didn't know is that Nathaniel had a gun as well.
When one of the suspects saw Nathaniel and pulled out a gun, Nathaniel went back upstairs, grabbed his gun, ran outside saw the two men around the corner of the building. Nathaniel then shot Dawson before getting into his car and fleeing the scene.
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I guess the good news is the homeowner isn't facing charges.
Mortos
(2,390 posts)This guy should be charged with homicide. The "make my day" laws only justify shooting a criminal who is inside a residence or in the act of breaking into a residence with someone inside who fears for their life. The homeowner cannot argue that he feared for his life when he chased the suspects out of the house and down the street. As soon as the criminals ran away, the danger to the homeowner was over.
By the way, I am not anti-gun. If someone breaks into my home while I am there and I feel that my life or the lives of my family are in danger, I would use deadly force...but only as a last resort and only after repeated warnings to the person or persons breaking in. My goal would be to stop their attempt and get them to leave so I wouldn't have to use a weapon against another human being.
Nathaniel's actions will be difficult to legally justify.
SteveW
(754 posts)The so-called stand-your-ground laws place the onus on the criminal to prove the intended victim's actions were out of proportion and unjustified. Before these laws, the onus was on the intended victim. Sloppy surgery all around, but I favor the benefit of the doubt going to the intended victim.
That said, I would be hesitant about using a standard policy of "repeated warnings" as this may alert someone to your possible resistance (note the thug pulled his gun when seeing the intended victim). Warnings may be appropriate, but less so once someone is in my house.
liberal_biker
(192 posts)In Texas, I most certainly can - legally too.
AtheistCrusader
(33,982 posts)DWC
(911 posts)The perp was shot but did not die. It might help if you read the article.
With respect to justifying the intended victim's actions; the "Heat of the Moment" response to the home invasion is a solid defense.
Semper Fi,