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Do people have the right to....

Do people have the right to defend themselves in their own home with a gun?

  • Total voters
    54
Russell797 said:
An if the intruder had no weapon I would hope that you would spend the rest of your years rotting in a cell.
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planting a weapon is stupid. and illegal, and will make things worse. If someone breaks into your home at night, almost all DAs and juries will presume that the person illegally entering the home is there to harm people. IT is a rational assumption that a home is most likely to be occupied in the night. So if someone comes into your home in the wee hours of the morning or after dark and you shoot them its most likely a good shoot.
 
radcen said:
Agreed. I had an attorney tell me once that "Beware of Dog" signs on a fence can actually make you liable for any injuries your dog causes, even to an intruder. The sign can be interpreted as you having full knowledge of the dog's ability and likely behavior.
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LOL....further proof there are waaay too many lawyers in America. :doh
 
Russell797 said:
If a gun or a knife were presented to me as a threat. It's a dilemma for sure which the break-in victim did not invite, but just because you have access to a gun does not grant you the rights of jury, judge and executioner.

I have conversed with those who say the moment someone enters their home uninvited the intruder will be blown away, no questions asked. That's just wrong. What if the intruder is an alzheimer’s disease victim or otherwise disorientated?
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By the time you conclude what if any weapons the perp possessed, you and/or your family member could be dead. I order to survive, you need to be proactive.

Chances are an Alzheimer patient wouldn't kick in my door but, if they did, so be it.
 
Russell797 said:
You have the same right as you do anywhere else. You must be directly threatened with immediate life taking force to justify killing someone. Just because someone breaks into your home does not give you the right to kill them.
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Here in California, if someone forces their way into your home, it is automatically assumed by law that you are in fear of death or great bodily injury and the use of deadly force is justified.

198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.
 
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