Thread: Connecticut
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Old August 31, 2012, 05:15 AM   #30
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,303
Quote:
Originally Posted by hermannr
Aquila: I WA home invasion is any unlawful entry when the owners are present, so, as in CN, if you open my door (I generally do not lock my doors) with the intent to burglarize, and i am home...it is home invasion by definition, no matter that the intent was only burglary and you did not know I was home.
It appears I created a red herring by asking for the legal citation. The question pertains to CT, so what the law says in WA is irrelevant. But the real question was what CT law says about leaving the comparative safety of whatever room you're in when you hear something unusual, taking a firearm, and going off to search your house.

Getting back to that question, it appears the law has been quoted for CT and includes a duty to retreat, except within your home or place of business (NOTE: Not your place of "employment"). However, there is a difference between not retreating (i.e. staying where you are), and advancing toward real or prospective danger. And the CT law, as quoted in this thread, seems to be silent on that.

And that's why I posted above that the answer will probably have to come from an attorney in CT who can look up whether or not any case law has addressed the question of whether or not one can legally employ deadly force after advancing toward danger within one's own home.
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