Bump in the night--Problems with this "drill"?

[Bruxley]

LOL....Nice one Bill. You mic that?

[BillCA]

Bruxley Nah ... cheated by looking up the dimensions on the net.

KCshooter - Section 198.5 puts the burden on the prosecutor to overcome the initial presumption that the resident had a reasonable fear of death or injury. The DA has to show that the fear was/would have been unreasonable or that there should not have been any reason to use lethal force.

The real key factors are that someone has to enter (or intend to enter) your premisis in a violent, riotous or tumultuous manner... or enter (or intend to enter) by violence or surprise, to commit a felony. Since burglary is a felony of it's own that'll technically qualify, though DA's prefer to see a distinctly separate felony.

Which is why I put forth my opinion that someone breaking into my home, at night when I can be expected to be sleeping in the home, is not a rational person (rational would be a daytime heist when no one is supposed to be home). Since I have an irrational felon in my house who is unafraid of awakening and facing me, my logical conclusion is that he plans to disable me by force or kill me to gain whatever he wants. Thus I think this meets the definition of "justifiable homicide" under sections....
197 (1) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,

197 (2) When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein;

Some of the laws here aren't bad... it's the the way lawyers try to twist the language or situations that make it screwy.

[kcshooter]

Bill, why was that directed at me? I conceeded the point in the post that followed yours:

Odd law for California, don't they generally hate guns and gunowners?
My bad. Laws have changed quite a bit across the country.
Lurper's advice is the best here, know your state laws.
Still, my best advice is, regardless of tactics, to get 911 on the phone so the entire encounter is recorded so there is no doubt to the fact that you were justified.

That wasn't arguementative, just noting my suprise that CA has a more leinent view than MO does. There is legislation pending the MO senate right now, though, to change that.

[djturnz]

I didn't read all 4 pages as I can see where this is headed. Forgive me if I repeat something.

Bird vs Buck I'm not convinced if bird shot can reliably kill a human at the FURTHEST distance achieved in the house. I am convinced that 00buck will. I do understand the thoughts of using #4 or #1 instaed though.

Rifle, Shotgun, or Handgun He already said he's staying put if the dog doesn't come back, so leading around the corner with a long gun is moot.

Clear the house or not Agian, if the dog does not return, he isn't leaving the room. If the dog does return, that doesn't mean the clock fell off the wall. The door could be kicked in, or window broken. And the guy fled when he heard fido. You don't just want to go back to bed and leave a quite entry point.

Flip flop, shoes, or bare foot I would agree with shoes over flip flops, but for those of you that said go bare foot, have NONE of you seen DIE HARD?

[DougO83]

Bird vs Buck I'm not convinced if bird shot can reliably kill a human at the FURTHEST distance achieved in the house. I am convinced that 00buck will. I do understand the thoughts of using #4 or #1 instaed though.

I definitely agree here. It is totally dependent on your house's set-up too. For example, when I come home to visit my parents, we have, in different rooms spread out: my parents, my girlfriend and I, my youngest brother, possibly my middle brother and his girlfriend. I would much prefer the lower penetration of birdshot in this situation, provided we don't have time to herd everyone into one room of the house. My dad, brother, and I have an established "plan of attack" in case of a break-in, but we all know what happens to the best-laid plans.

Rifle, Shotgun, or Handgun He already said he's staying put if the dog doesn't come back, so leading around the corner with a long gun is moot.

Being the proud owner of an AR-15, I prefer to lead with the rifle. Of course, I bought all of the nifty little tactical attachments like the light and laser, etc that you can buy from various surpluses. In a bind, though, a pistol is always near in my home and the shoutgun is by the bed.

Clear the house or not Agian, if the dog does not return, he isn't leaving the room. If the dog does return, that doesn't mean the clock fell off the wall. The door could be kicked in, or window broken. And the guy fled when he heard fido. You don't just want to go back to bed and leave a quite entry point.

I would honestly suggest waiting for PD to respond when searching the home. As long as all my family is in one area of the home, I feel confident that we can wait for a radio car before walking around the house.

Flip flop, shoes, or bare foot I would agree with shoes over flip flops, but for those of you that said go bare foot, have NONE of you seen DIE HARD?

Good point with Die Hard. I have actually opted to purchase a pair of ATAC boots with the side-zip set-up. They are a breeze to get on and off in a hurry. Flip-Flops are not the greatest idea at all, too much noise.