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The original poster is in WEST VIRGINIA. States are unique on the subject of
using deadly force to protect property.
No one's brought up Louisiana, which started from The Napoleonic Code, that holds property over people. Now, I've only got history on it, but, the law used to be that you could shoot any intruder on your land, period. Why? The law expected everyone to know trespassing was a shootable offense, including police officers.
That said, any discussion of this issue should be confined to the state you are in. Then, you need to look at the local case law, and, how those statutes have been applied.
Couple other thoughts. Police generally are the worst people to get legal advice from. They don't even have a four year college degree, as a general rule, much less a law degree, and, on top of that, usually the Police Chief seems to have his own idea of the law, regardless of statute. He is also usually an under educated police officer, that's come up through the ranks.
Your DA is an elected official, and, he's going to be the one filing charges.
In general, get your own attorney, do not talk to police, press, etc.
Your police chief is also an elected official. If you live in San Francisco, you better not even have a gun. Just go out, give the guy the keys to the ATV, and forget it.
My point is knowing your political surroundings, since both of the people that are going to make your life a living Hell are elected officials.
Anyone taking advice from people that are not in your area, and attorneys, familiar with your local area laws, and, the local political situation, ought to seek a shrink...
One thing, in particular. With a Class 3, I would find an attorney, and discuss your area, and using any full auto weapon for any sort of defense. Actually, I'd put a good one on retainer...
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