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Old December 14, 2009, 05:28 PM   #18
OldMarksman
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Join Date: June 8, 2008
Posts: 4,022
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In my State of Florida, it is legal to shoot someone that has unlawfully entered the home.
Don't forget that little words "and forcibly."

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Once my family is secured in the bedroom with the door locked and my wife has the shotgun locked and loaded, I am on the hunt. It's my Vietnam mentality. I am at a distinct advantage here as I know the layout of my house and every obstacle that is in it, e.g., the chairs sofas, pedestals, etc.
That doesn't mean you won't get killed. Read this, courtesy of fiddletown:

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It's better not to go investigating "bumps in the night" if you think there actually may be a BG there.

[1] You arm yourself. You investigate as best you can from a place of safety in house with your family. You wait and quietly listen. Does the sound repeat? Can you begin to identify it? Can you positively identify it as something innocuous? If the sound is clearly from outside, you look out nearby windows.

[2] If you can't identify the sound and believe there is a danger, you assure that your family and any known visitors are all together and with you in a place of safety. You call the police. You maintain telephone contact with the police. And you wait.

[3] You do not go anywhere to investigate, because --

(a) If you go looking, and there is indeed a BG there, you will be at an extreme tactical disadvantage. You can easily be ambushed or flanked. You may also have given a BG access to family members to use as hostages. Or there maybe more than one BG, one of whom can get to your family while you're occupied with the other one.

(b) When (whether you called them or they were called by a neighbor who may have also seen or heard something) the police respond, they don't know who you are. You are just someone with a weapon.

Massad Ayoob tells a story about the National Tactical Invitational, an annual competition in which some 130 of the top shooters and firearm trainers participate by invitation only. One of the events is a force-on-force exercise using simunitions in which the competitor must clear a house against a single "BG." According to Mas during the first six years of the NTI, one, and only one, competitor got through one of those six NTIs without being judged killed, and he was head of NASA security firearms training at the time. And one, and only one, made it through the seventh year. The tactical advantage of the ensconced adversary is just too great. And remember, these competitors were highly skilled, highly trained fighters.
http://www.thefiringline.com/forums/...0&postcount=35

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Once a slimeball has entered my house without my express invitation, I figure he ain't there for a tea social nor is he there to wax my car in the garage.
The law in Florida says that in the event of an unlawful and forcible entry, "a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another..." . Realize that that presumption is rebuttable. Evidence pertaining to your state of mind could prove pivotal in rebutting that presumption.


http://www.leg.state.fl.us/Statutes/...776/SEC013.HTM

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As the sign says on my wall: If you are found here at night, you will be found here in the morning.
.. and that, which is documented, subject to discovery, and now electronically permanent, could be portrayed as an indicator of state of mind.

Warning to others: watch what you post, e-mail, text message, or put on signs.
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