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MLeake · October 17, 2011, 05:50 PM

farmerboy, you really should take some classes on the legalities of self-defense. Your examples have been getting ridiculous.

Somebody who breaks into the house, in many states, is in the process of committing a felony that specifically allows use of force, including deadly force.

When that same person makes an obvious effort to retreat, as in leave the premises, not simply get to a more advantageous tactical position for re-attack, in most states that person no longer meets the threshold that justifies use of deadly force.

In Texas, under certain circumstances (depending in part on whether it's night or day; whether he is taking property that cannot be reasonably replaced; etc) you might still be legally ok if you continued to engage. In most of the rest of the US, you'd be courting disaster.

Talking tough really doesn't mean much. If some of the people who are spouting off actually did some of the things they advocate, they'd be setting themselves up for serious felony charges. Might the DA decide not to press charges? Possibly. If charges were pressed, might a jury nullify them? Possibly. How many thousands would have been spent on legal counsel by that point, on average? How would that cost compare to the cost of replacing a tv?

Let's say the process ended up taking two months worth of time, between an initial day or weekend in jail, plus hearings, etc. I work overseas. Good odds that post-shooting, pre-trial, I'd be restricted from leaving the country. Two months of lost wages.... It would cost less to let a BG steal my truck, and that's without paying a lawyer one cent.

(And I have a reasonably nice truck.)

We haven't even discussed the emotional turmoil for self, spouse, etc.

If I am ever forced to shoot somebody, then so be it. But it's not something I'm looking to do, if it isn't necessary to prevent death or grave bodily injury. (And yes, in every state in the US, rape would qualify as grave bodily injury, so that example of yours was ... I can't even think of a word that wouldn't offend the mods.)

October 17, 2011, 05:50 PM	#55
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	farmerboy, you really should take some classes on the legalities of self-defense. Your examples have been getting ridiculous. Somebody who breaks into the house, in many states, is in the process of committing a felony that specifically allows use of force, including deadly force. When that same person makes an obvious effort to retreat, as in leave the premises, not simply get to a more advantageous tactical position for re-attack, in most states that person no longer meets the threshold that justifies use of deadly force. In Texas, under certain circumstances (depending in part on whether it's night or day; whether he is taking property that cannot be reasonably replaced; etc) you might still be legally ok if you continued to engage. In most of the rest of the US, you'd be courting disaster. Talking tough really doesn't mean much. If some of the people who are spouting off actually did some of the things they advocate, they'd be setting themselves up for serious felony charges. Might the DA decide not to press charges? Possibly. If charges were pressed, might a jury nullify them? Possibly. How many thousands would have been spent on legal counsel by that point, on average? How would that cost compare to the cost of replacing a tv? Let's say the process ended up taking two months worth of time, between an initial day or weekend in jail, plus hearings, etc. I work overseas. Good odds that post-shooting, pre-trial, I'd be restricted from leaving the country. Two months of lost wages.... It would cost less to let a BG steal my truck, and that's without paying a lawyer one cent. (And I have a reasonably nice truck.) We haven't even discussed the emotional turmoil for self, spouse, etc. If I am ever forced to shoot somebody, then so be it. But it's not something I'm looking to do, if it isn't necessary to prevent death or grave bodily injury. (And yes, in every state in the US, rape would qualify as grave bodily injury, so that example of yours was ... I can't even think of a word that wouldn't offend the mods.)