If you can get into your garage you can get into your house and call the cops. If he trys to break in then you have the right to protect yourself.
If it can be shown that the man is a threat to you and there was no plausible way for you to escape him then you have the right to protect yourself.
EX) Lets say said person tailgates you to your house and you park your car in a seperate garage and he parks behind you. Lets say you are a hunter and had your fire arms in the garage for basic upkeep, the man comes at you in the garage, yes you have the right to point a gun at him, now if he continues to come at you after you warn him then yes you can shoot him.
If people want to tell me different you will need to find me a court case where a clearly threatening intruder was shot inside the home of the victim and the victim was found guilty of a crime.
You can quote all the laws you want, but a law means shit if it is not pursued by a DA and held up by a jury.
Nevermind TRYING to prove that your life was in danger when the guy you shot has no weapon. Also, if you don’t kill him and he tells his side there is evidence of premeditation and baiting him to follow you to your property.
In the situation of him attacking you, in the end, you would probably be sued. Just because this dumb fucked up world we live in would favor the guy working the system for a living.
#1 Don’t shoot for the knee. The court doesn’t care where you claim you were aiming, and you’ll miss anyway. #2 Make sure you plant a knife in his hand so that you were only responding to deadly force with deadly force.
you can shoot anyone who enters your home, armed or not.
If you come home to someone iny our house who broke in and shoot them, open and shut case.
If someoen breaks in your house and you kill them, open shut case.
The cops told me point blank, make sure you kill them, try not to shoot them in the back, and if they go outside and die, drag them back inside.
as for the OP, he was in your yard not in your house so you cant shoot him.
However I think grabbing a gun and telling him to leave should be more than legal.
OJ didn’t kill anyone according to the criminal lawsuit, but right after in the civil suit he apparently did kill them and owed the family.
So, you can shoot the guy and it could be completely legal and in self defense, but the family will bend you over, tie your hands to your ankles and have their way with you.
Thats the entire point…Yes protect your residence someone is on your property CALL THE COPS…This does not give the protection of the legal system if you go and shoot the person.
There are two main points some of you can’t seem to grasp.
#1 - You NEVER shoot something you don’t intend to kill. If you don’t get that your guns should be melted down. If you aim for the knee, you will miss, he will take your gun from you and be justified when he kills you.
#2 - Deadly physical force may only be used against deadly physical force.
Oh, and as for the original post, what you described was an unsafe stop, followed by a hit and run, and finished off with attempted manslaughter. “Brake checking” is not legal.
It was reference on it being his parents house and not his…if your a residence it doesn’t matter on the owner, its where you reside, so you can protect it. And I’m fully aware it depends on the situation of inside/outside and use of force. I just meant that it doesn’t matter of owner of property.
Thats NOT true.
If somebody enters your home via breakign and entering you CAN kill them.
Call the police and ask them, you’ll get the same anwser.
You DO NOT have to wait to see a gun , or be attacked.
I had my house broken into when I lived in the shithole of a city niagara falls.
The police told me the exact do’s and don’ts, I believe them over gungho nyspeeders.
Why do you even open your mouth?