Something that has bugged me.

[TenRing]

Since you had no gun in a situation like this, you could have made good use of a 3D Cell Mag Light with the optional super bright LED bulb. Use it to disorient the perps while you dial 911 from the cell phone while behind cover.

[spotter123654]

wow that sucks sry man

[Big Mike 1]

What the H#ll kinda "B-B Gun" were they using?!?!?

[tkopp]

No reason to add to the dogpile about chasing the car, that one's been beaten to death.

Wanted to add to the people who said you had no way of knowing you weren't under attack by a firearm. You could certainly articulate a reasonable fear, and when the adrenaline hits the system people get angry and do dumb things. Next time when this happens, you'll have a little perspective.

For what it's worth, in my home invasion my response was much the same. I grabbed a decorative (yet functional) samurai sword and charged the living room. Luckily, as in your case, my bad guy didn't have a gun.

[gruntrus]

I was in a similar scenario as you; late night, playing Halo in the living room, when a red laser light appeared on the living room wall. I waited for the laser to disappear, paused the game and snuck out of the house to do some tracking. Punks were on foot and don't have their laser pen anymore.

Your scenario encompasses a lot of different circumstances, many of which I would normally support return fire. HOWEVER, you are then left to the discretionary powers of your Local PD and District Attorney to possibly file charges against you. Nonetheless, think of Bernard Goetz who defended himself with a pistol against 4 punks robbing people with a screwdriver as a weapon; Goetz lost in civil court and had to file bankruptcy as result of finding.

The "Castle Doctrine" would cover you for a B&E in progress, but for a drive-by, I don't think so. I feel for you in the heat of THAT moment and not being able to measure the totality of the circumstances accurately. (old guy gravelly voice) Damn PUNKS!!

[dec41971]

Tough; Back in days I lived in really sketchy neighborhood and gunfire at night was common as were drive-bys in this place. Could not afford to move anyway, and one day some guys literally destroyed my vehicle with a bat. Called the cops, and they had a million excuses to postpone response until daybreak. I told them I know the perps and they advice me best cause of action is to move because they can't guard me 24/7 to prevent the very real chance of retaliation. Then they proceeded to ask me if I wanted to press charges anyway and have the perps arrested.

In my case, I took the advice and lived in fear under the threats of the said perps for a few months until I had enough to make a deposit on a rental in a different area. I move out and two weeks later, drive-by! Six rounds went through the wall right where my bed used to be. If I had been still in the house, I would not be on this forum let alone have seen the internet happen.

Moral of the story? Sometimes there is not so much you or anyone else can do practically. If you live in a sketchy place move as soon as you are able to.

[IYAAYAS]

I won't say what you did was the right thing, but I respect folks that make an attempt to protect their property.

If good honest folks weren't being jailed for defending both themselves, and their property, I think an amazing thing would take place. Less crime.

The police, even with the best of intentions can not protect anyone, or their property. Can you guess why? Its so simple I can't believe people do not understand this.

The police can do absolutely nothing, or next to nothing, until after the fact. By the time they have the authority, and the law on their side, the crime is over and done with. You are either already raped, dead, or robbed blind before any help arrives.

I'm not bashing LEO'S here, merely stating that there is not much they can legally do until after a crime has taken place. I have the utmost respect for the majority of LEO's. They have a tough, dangerous, often thankless job, but they do it. The officers are not the problem, its the system itself that needs to be cleansed of the nonsense that protects the criminals, and creates a society that breeds crime like rabbits on viagra while hindering the law abiding. Often getting them killed.

Its our right to defend ourselves and that includes our private property. Would I chase down a car load of punks after they shot up my house? Even if it was real guns they were using? No. Well, scratch that. If they killed my wife or child in the process I would hunt them down without mercy. If no one gets hurt, I'm taking cover and calling the police. Should they be sitting out there blasting away, I'm returning fire. Should they try to come in, they will be in for the surprise of their lives.

Again, I think you did the wrong thing, but I understand why you did what you did, and I respect that.

[Uncle Ben]

With you 100% "IYAAYAS"

[OldMarksman]

Posted by AYAAYAS: I won't say what you did was the right thing, but I respect folks that make an attempt to protect their property.

I'm not sure what protecting property as to do with it. The OP stated that he was concerned for his own safety and for that of his family:

I was still under the impression that they were firing a real gun at my house and family, and at that particular moment I was within 30 or 35 feet of them.

I was absolutely positive that I and my family were being fired on by a larger caliber than what was actually being used.

Whether he could have successfully mounted a defense of justification, had he fired, is open to question; we can only speculate on the layout (relative positions and distances), where he was standing, what other reasonable persons would have assumed from the sound of the BB gun, whether he could successfully make the case that the use of deadly force was immediately necessary, etc. I am skeptical, but I was not there, I do not know what the BB gun in question sounds like, and I will not judge.

The other question is whether it was wise for him to go outside. There's not only the aspect of how that action might affect his defense of justification, but there are the risks of being injured or killed by the perps, whether or not he was armed, or, had he been seen holding a gun, of being shot by another citizen or by arriving first responders who had been summoned by a neighbor.

In most circumstances, and in particular in circumstances involving a residential area, it is far better to stay inside.

[SiNNiK]

Big Mike 1:

What the H#ll kinda "B-B Gun" were they using?!?!?

Three shots in about 2 full seconds, no time to pump, no time to break over a barrel and reload a bb, my guess is a Co2.

tkopp:

Wanted to add to the people who said you had no way of knowing you weren't under attack by a firearm. You could certainly articulate a reasonable fear, and when the adrenaline hits the system people get angry and do dumb things. Next time when this happens, you'll have a little perspective.

Thanks, I think so too, but I also have a little perspective at this moment to know that I don't know exactly what I'll do if anything like this happens again.

I appreciate your input.

gruntrus:

Damn PUNKS!!

Amen.

dec41971:

If you live in a sketchy place move as soon as you are able to.

Glad you're ok. Thanks for sharing your experience.

IYAAYAS:

Again, I think you did the wrong thing, but I understand why you did what you did, and I respect that.

Thanks for that. I'll try to do it different if the need ever arises again.