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Old January 27, 2014, 12:07 PM   #9
TomNJVA
Senior Member
 
Join Date: January 22, 2014
Location: Floyd, VA
Posts: 227
I am curious how these laws and guidelines apply within one's own home.

In my case, our plan in the event someone breaks into our home at night is to get my gun, secure the family (wife), call 911, and defend the bedroom or upper level. I would then announce to the intruder that I have a gun and they should leave my house and not attempt to come upstairs or I will shoot. My intent would be to cause the intruder to leave and avoid a confrontation. Would such an announcement/warning in my home constitute assault?

Similarly, if I am already in confrontation with an intruder in my home, and the intruder does not appear to be armed and is not advancing toward me in a threatening way (i.e not a shooting justification), can I draw my gun and hold the intruder at bay until police arrive?

I understand that in some states the very fact that the intruder broke into your house may justify deadly force, but I would not shoot if I can determine the intruder does not pose an imminent threat. If it is dark and I cannot make such a determination, however, I would likely fire.

TomNJVA
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