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Old October 23, 2008, 06:23 AM   #3
Keltyke
Junior member
 
Join Date: April 6, 2008
Location: Spartanburg, SC
Posts: 2,933
Quote:
do i have the right to gun them down even if they are no longer threatening me?
caveat: Each state's law is different - check for YOUR state.

Although the "Castle Doctrine" usually extends to cars and motel rooms, you'd be hard-pressed to defend shooting a fleeing BG. For a CWP holder to shoot, there MUST be: opportunity, ability, and intent. Our state law says an "imminent fear of life or severe bodily injury." If a BG is running or driving away - unless they're shooting at you as they flee, you can't shoot.

That being said, one of our local sheriffs said, "If a person breaks into your home, you may assume they're there to harm you, not to just rob you - and you may act accordingly."

It's a fine line, and a good lawyer can wrangle "defense of property" into "defense of life". However, forensics can beat that. They'll KNOW if you shot the guy in the back as he was fleeing. Then you're up S*** ceek.

My advice? Let him go - property is not worth the hassle you'll be in. That's what you carry insurance forr.
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