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Anybody know how this transfers to your car? I expect that if I was in my car and somebody tried to carjack me I would be allowed to use deadly force. What if I was in my house and I saw somebody trying to break into my car? If I confront them and they dont stop could I legally shoot:?:
No.Anybody know how this transfers to your car? I expect that if I was in my car and somebody tried to carjack me I would be allowed to use deadly force. What if I was in my house and I saw somebody trying to break into my car? If I confront them and they dont stop could I legally shoot:?:
You can not shoot someone over property. In a car jacking, your life maybe at risk if the car jacker has a weapon, or there are mutiple car jackers, or any number of other situations. The key is, would a reasonable person see your life at risk in this particular situation? This would justify the use of lethal force.
Hoodyhoo21 wrote:
In the situation you stipulated you would not be within your rights.Anybody know how this transfers to your car? I expect that if I was in my car and somebody tried to carjack me I would be allowed to use deadly force. What if I was in my house and I saw somebody trying to break into my car? If I confront them and they dont stop could I legally shoot:?:
You stated "in my house" and "I confront them". To confront them you have to leave your house, leaving your 'safe area'. Unless you have a specific reason to believe they are going to use the car to enter your house to attack you then you can not confront them, as I understand the current interpretations of law.
Nope. You escalated the situation by confronting the perp. Don't do dat.Originally Posted by Hoodyhoo21
Brian
Meaning.....?
Brian
You wouldn't want it and too far to walk.
The state courts have already visited many of these exact issues. In the Denver area shooting a few years back a man, responding to a call for help from a neighbor, shot the bad guy in the back nearly " a quarter block away" as he ran from the house. The jury found his defense under the "Make My Day" law was valid. The Appellate/Supreme Court upheld the ruling. The 17 year old, unarmed, bad guy was crippled from the waist down as a result from the gunshot. He failed in his attempt to sue the shooter since the "Make My Day" law has a provision that protects people from civil liability if they successfully defend themselves under this law.
The law was also used in a "Road Rage" incident a few years back by a retired Air Force Colonel that shot and killed an attacker while on the road. The court ruled that the law could be used as a defence because your car is an extension of your home for this purpose. :P
Juries that have made decisions in "Make My Day" cases thus far have found the law to cover much more than even lawmakers intended it to. The public at large are tired of being victims. In this state, if you attack someone, you better have your medical/life coverage up to date. Karl. :twisted:
Well my point is that if you guys aren't willing to defend yourselves and or property, I could use a new car [poke] .. just kidding guys.
You have rights where the defense of your person and property are concerned (as Karl pointed out) and not knowing those rights can and will make you a victim.
I really hope you guys will take the time to speak to someone more knowing that us here about these issues!!!
I like the way the thread has curves in it ....
I'm learning a lot and this still relates to the topic, loosely.
It's too bad the proposed bill on cars and hotel rooms got nuked. It would have been much clearer.
Most of us can rack a slide on a SG fairly quietly, so if I really want to shoot someone that doesn't know I'm there, I can. I keep my carry arm (XD-40) on the nightstand and my SG not much further away (pipe empty). My XD is always loaded, so they won't hear it either.....
One problem nobody has covered is eye sight at night. My eyes dry out at night (I sleep w/ my eyes open), so I might not be able to focus well enough to shoot the pistol accurately. I need the extra advantage the SG offers. Five "00" bucks and one slug have a better chance of hitting than the 22 golden sabres. Maybe the addrenaline rush will over come they dryness, I can't say.
As for the laws.
I would much rather explain to the investegating LEO why the guy is dead in my living room INSTEAD of bing the one in the bag. On the other hand;
I don't see a need to shoot someone on my property, unless they are waiving a gun around. My dad and I could have done that many times in the house/ranch we had years back.
My truck isn't worth me sitting in the can while my kids grow up. Posessions can be replaced. It sucks to think about, but that's just the way it needs to be. Relying on a jury to decide if I was the agressor isn't fun to think about.
One parting thought and thanks.
I like the way everyone can discuss views and not get crappy with each other. Good job people!!!!!!
Greg
Shhhh, be vewwy vewwy quiet.
I'm hunting papers, huhuhuhuhuhuhuhuhuh.
Burnt gun powder relaxes me....... I like being relaxed.
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