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Posted by OldMarksman:
The OP spoke of firing at a person breaking into the house.
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Yes, and he also spoke of a cop defending himself with a .380 but with no reference to a home or residence. If we are going back to the OP’s original post, as you did, is the topic “firing at a person breaking into the house,” is it cops defending themselves with .380s, or is it the thread title?
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Using the Powell Doctrine of Overwhelming Force for Home Defense
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Given the title and this:
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I can see where it is not just good common sense, but essential to use the heaviest weaponry available to you to defend your home. In my area of the woods, that weaponry would be an AR type rifle or a shotgun. If you do not use the Powell doctrine when defending your home, then the attacker might decide to stand their ground and fight.
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it appears the topic is the use of overwhelming force for home defense, not “firing at a person breaking into the house” or cops defending themselves with .380s.
The topic covers a broader range than simply “entry.” At a minimum, “the use of deadly force to defend the home” includes defense within the curtilage, attempted entry, the process of actually entering, someone who has entered but may not be posing an immediate threat, and someone who has entered and is posing an immediate threat.
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Posted by OldMarksman:
In some states, the law does not permit the use of deadly force to defend the home.
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All I am asking is for you to provide the name of
one state with a statute that is a blanket prohibition against using lethal force in self-defense in one’s residence.
During my service in the Navy, I either lived in or was TDY to many different states. Some were “duty to retreat” states; others were not. I have never seen a duty to retreat statute that was a blanket prohibition against using lethal force in self-defense in one’s residence. They all required you to retreat
if you could do so with a reasonable expectation of safety or words to that effect.
However, just because I have never seen a duty to retreat statute defined as a blanket prohibition against using lethal force in self-defense in one’s residence, that does not mean there is no such statute. Therefore, I would like to have the name of at least one state so I can Google its criminal code and check how the duty to retreat is defined.