FL Sheriff wants you to shoot a B&E burglar

Green70Z28

Member
Sep 30, 2021
43
Cookeville,TN
I came out of law school with only two pieces of practical information. One was from my criminal law professor. He told us the law permits a person to use force, up to and including deadly force, when faced with the threat of imminent bodily harm or death. If we answer that way on the exam it will be correct." Now if something goes bump in the middle of the night and you find someone in your house that doesn't belong there you draw down on them and put them down. If you start analyzing whether you are faced with the threat of imminent bodily harm or death under the law you will be killed in your own home."

I was also advised by my father, a combat veteran and former cop, the best weapon for home defense is a 12 gauge shotgun. High powered pistol and rifle rounds can easily go through walls and strike friendlies. Additionally, in the moment, adrenaline, surprise, poor lighting and fast moving events favor a shotgun's spread versus the accuracy needed to aim a pistol or rifle.
 

l16pilot

Veteran Member
Lifetime Gold Member
Dec 13, 2004
2,232
Hurlock, MD, USA
I was also advised by my father, a combat veteran and former cop, the best weapon for home defense is a 12 gauge shotgun. High powered pistol and rifle rounds can easily go through walls and strike friendlies. Additionally, in the moment, adrenaline, surprise, poor lighting and fast moving events favor a shotgun's spread versus the accuracy needed to aim a pistol or rifle.
Exactly! Even more to the point, a double barrel shotgun is ideal. In the elevated adrenaline state, you want something that is stupid simple...point and shoot...and no worry about a safety, chambering a shell, etc.
 

tom3

Veteran Member
Aug 1, 1999
14,529
ohio
I use a Judge (410 shot shell pistol) for home defense. Has an effective range of about 10 feet. I'm the Judge, Jury, and Executioner all in one.
 

danbrennan

Veteran Member
Lifetime Gold Member
Mar 13, 1999
4,746
Brighton, MI
To Brett's point, there used to be a saying around here, if you shoot someone on your property, be sure and kill them, so they can't sue :) One of the police at our CPL class even mentioned that.

There is no obligation to flee one's home in Michigan - I imagine that's true in every state - so if an intruder gets shot and killed, I suppose there usually aren't any witnesses to argue about whether the homeowner feared for severe bodily harm(the threshold in Michigan for legally shooting someone). Still, I hope I never have to shoot someone, for any reason. Close quarters in the dark(where you can't see if the intruder is armed) in one's house is a tough choice; if one reveals themselves, or turns on the lights, one opens themselves to attack. I think if there was just one intruder, and I was sure I had the drop on them, I would probably first give them a chance by yelling "freeze", or something like that. Multiple intruders would be a different story, I think.

I found the Sheriff's comments amusing, but perhaps a bit too far for public consumption.
 

Gary S

Administrator
Lifetime Gold Member
Apr 14, 1999
24,522
Bismarck, North Dakota
I wonder if the same Sherrif will pay for your attorney when you are sued in Civil Court.
Well written laws take care of that too. North Dakota law not only gives you the right to use lethal force to protect your home and property, but also gives you immunity from civil suits in court.
People in Liberal areas might not agree with this, but it is the law here.


North Dakota Law​


Prior to August 1 2021, North Dakota’s had generally preserved traditional self-defense law in requiring people to withdraw (“retreat”) or avoid the use of force in most public spaces if they knew they could avoid any threat to themselves or others by doing so. In 2021, however, the state enacted so-called “Stand Your Ground” legislation.2

While North Dakota law still states explicitly that “An individual is not justified in using more force than is necessary and appropriate under the circumstances,”3 North Dakota’s new law (effective August 1, 2021) generally removes the duty to retreat or avoid force in circumstances where an individual is not engaged in an unlawful activity that gives rise to the need for the use of deadly force, has not provoked the individual against whom they used deadly force, and is any place the individual is otherwise legally allowed to be.4 North Dakota law also provides people with immunity from civil liability for using force, including lethal force, in accordance with this law.5
 

kenny77

Veteran Member
Lifetime Gold Member
Jul 31, 2001
3,279
Ft. Lauderdale, FL
^^^^^Since you love to rag and beat on Florida ......I'll just point out that Florida has had "Stand your ground laws " since 2005.
And we have the best Govenor in the nation.
. The real issue is that County. If I had a dollar for every grandstand thing that sherif or that county did.
They thrive on the attention
 
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