The Firing Line Forums

Go Back   The Firing Line Forums > Hogan's Alley > Tactics and Training

Reply
 
Thread Tools
Old May 17, 2002, 12:51 PM   #1
Shawn3879
Senior Member
 
Join Date: April 11, 2002
Posts: 156
Apartment security question

I wonder if it could be sucessfully argued (to a prosecutor) that an out of doors, small (5'x8'), fenced by guard railing, porch, on the second floor, of a condo/apartment could be considered "inside the house"? I wonder if the area were fully enclosed with screen wire if it would make the argument stronger? Just curious? I have heard stories a few times of BGs climbing up to the second floor and then coming in through the sliding glass window. Any thoughts???
Shawn3879 is offline  
Old May 17, 2002, 01:16 PM   #2
Carry24x7
Junior member
 
Join Date: March 18, 2002
Location: Florida
Posts: 196
Don't Worry About It

Would a reasonable person upon viewing your apartment and upon reading the Lease Agreement agree that the patio is a part of your "apartment?"

If you think the answer is "Yes," (I think the answer is "Yes") then no problem.

Its part of your domicile. Now, if the threat is imminent you can blast away.
Carry24x7 is offline  
Old May 17, 2002, 10:28 PM   #3
flinch_of_gt
Senior Member
 
Join Date: November 15, 2001
Location: Snow Bunny Country
Posts: 371
Be careful. I think a gentleman somewhere in PA got six months for zapping a druken neighbor through a sliding door. The jury obviously didn't believe that the patio constituted part of the domicle.

Contact a lawyer who knows your state laws pertaining to self-defense.
__________________
"If Plan A is taking multiple .308 hits to the back, I suggest a Plan B."
flinch_of_gt is offline  
Old May 17, 2002, 11:12 PM   #4
krept
Senior Member
 
Join Date: August 20, 2000
Location: AZ
Posts: 1,363
Makes a good case for a light in addition to a weapon. Not necessarily mounted.

Shawn, I wouldn't pull the trigger until he is on the inside. You might want to consider a motion sensing light, alarm system, stuff like that if you are in the situation you described. Any type of evidence you can present to show the jury you gave the bad guy as many ways out as possible.
__________________
the tallest blade of grass is the first to greet the lawnmower blade
krept is offline  
Old May 22, 2002, 12:56 PM   #5
Carry24x7
Junior member
 
Join Date: March 18, 2002
Location: Florida
Posts: 196
You Have To Find A Balance....

While its generally true that you don't have the responsibility to flee in a in-domicile situation you still have to consider the threat level.

A jury could consider that a patio, while part of a domicile, is external to the domicile and therefore the threat is less.

If the person on the patio has (what looks like) an MP5 that's different. Shoot.

If that person has a big stick and you have a big gun it might very well be better to take a step or two back and let them enter before stopping them profoundly.
Carry24x7 is offline  
Old May 25, 2002, 06:05 PM   #6
Greybeard
Senior Member
 
Join Date: April 7, 2002
Location: Denton County Texas
Posts: 677
In either event, the legal system could give you the ride of a lifetime. :barf: :barf: :barf: Avoid making it potentially even worse.

Especially to a civil jury, even in your own home (assuming you are single), it would look much better if you had retreated as far as practical and had 911 on the phone when the manure hit the oscillator ...
__________________
www.dentoncountysports.com
A Private Palace for Pistol Proficiency
Greybeard is offline  
Old May 25, 2002, 06:17 PM   #7
Greybeard
Senior Member
 
Join Date: April 7, 2002
Location: Denton County Texas
Posts: 677
While some sliding patio doors can be pryed up and off the track, something as simple as a 3' stick or cut off brrom handle wedged in just above the lower track can make 'em have to work harder at getting in - and make more noise. Such BGs do not like noise. Ya might think about getting some type of battery opperated alarm for that opening in particular.
__________________
www.dentoncountysports.com
A Private Palace for Pistol Proficiency
Greybeard is offline  
Old May 26, 2002, 08:23 PM   #8
Gomez
Senior Member
 
Join Date: May 26, 2002
Location: Baton Rouge, LA
Posts: 297
If you make your apartment as secure as possible [solid core doors, good locks, exterior lighting, etc] this will serve a couple of purposes. First, it'll make the apartment harder to access. Second, it'll give you more notice of someone trying to gain entry.
Third, it'll make it easier to establish that BG-Prime had criminal intent trying to gain entry [He smashed the perimeter lights to make it easier to approach unseen. He kicked the door (witness the footprints). And then he broke the side window, which didn't break out due to the mylar security film, and then ripped out the
window frame to gain entry.] Of course, if you've backed the family up into the safe room, secured the deadbolt,accessed the 12 gauge, dialed 911 on your celphone and issued loud verbal directives. You are as close to golden as you can get.
__________________
"Not only do these people reach erroneous conclusions and make unfortunate choices, but their incompetence robs them of the metacognitive ability to realize it."
--Kruger & Dunning
Gomez is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 08:44 AM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.07483 seconds with 7 queries