View Single Post
Old June 5, 2009, 09:12 AM   #67
OldMarksman
Staff
 
Join Date: June 8, 2008
Posts: 4,022
Quote:
I really am only concerned about two things in my life when someone breaks into my home:
1. Protecting me
2. Protecting my family
Same for me.

Quote:
That's it, period. I don't believe there is a jury in this state who would convict me for having to shoot a bad guy for putting my family at risk in the middle of the night.
The law allows you to shoot to protect yourself and your family.

Quote:
That is the bad guy's decision and my reaction to his decision. In Florida, you home is your castle and if the bad guy decides to leave (before any gunfire) that is great. If he decides to surrender and lay down (until the police arrive), that is great. I sure a heck do not want to take someone's life.
Yep.

Quote:
However, my primary job is to protect my family and I am not too worried about violating the dirt bag's rights, etc. We are living in the wrong country and/or wrong century if I would be sent to prision for defending my life and my family's life.
And again, yep.

To the extent that the above describes your thoughts, we are in complete agreement.

Quote:
I think that you "think" too much about the bad guy and what could possibly happen to you as a result of taking him out. This could cause you big problems one day (and I sure hope that never happens to you or your family).
I don't think about him in that regard. Where what could happen to me becomes an issue is in the interpretation of the following words:

Quote:
I am not worried about false imprisonment (by using handcuffs) of a person who has broken in my home and/or threatened me and my family. To hell with their rights once they have done that. It just would depend on the particular situation, if I would ever use handcuffs or not. Maybe the best thing is to just keep your weapon trained on suspect until the police arrive? That is if you haven't already shot them already for breaking in your home.....
The law permits a citizen to use deadly force in self defense and has for 4000 years. It does not permit a citizen to administer justice in a case where someone has threatened but is no longer threatening, or to punish him for breaking into his house. That's up to the courts.

That's what I mean when I say that the intruder has rights under the law. You may defend against him and he may die, but beyond that, it's up to the justice system to administer justice to him.

Should a citizen engage in that course of activity and should the evidence so indicate, he won't be a lot of use to his family in terms of providing for them or protecting them afterwards. He will have become the criminal.

The most obvious example that comes to mind is that of the pharmacist in Oklahoma. We don't know all of the facts, but it appears that he shot a crook when he didn't have to.

The original question was about whether to use handcuffs. People who know how to use them have advised against it.

My comment was that I will not, under any circumstances I can think of, ever involve myself in a citizen's arrest, nor would I ever consider using deadly force against a fleeing suspect.

I can tell an assailant in the house to stop advancing, and if he does not comply, blam, if I have to. But if I command someone to lie down, stand still, turn around, etc. I have absolutely no way of making him do so.

Beyond the obvious criminal and civil risks, and the risks of a negligent discharge, there are the risks that one of them might get the upper hand, that while I'm waiting the driver or another participant may come around to see what's taking so long and use his gun on me, and that someone else--peace officer or passer by--may see me pointing a gun at someone and shoot me.

No, I want 'em gone. I'm perfectly content to have them leave and let the long arm of the law chase them down. Who knows--could be I won't even have to testify.

It has occurred to me that a stationary digital camera activated by a switch might provide something additional for the police and prosecutors.

Take a look at the material Pax posted.

By the way, I live in Missouri. The OP lives in Florida, as do you. Our laws read differently, but I am advised that the intent is the essentially same regarding home invasions.

Last edited by OldMarksman; June 5, 2009 at 10:55 AM. Reason: Typo
OldMarksman is offline  
 
Page generated in 0.03747 seconds with 8 queries