FL Sheriff wants you to shoot a B&E burglar

bfmgoalie

Veteran Member
Jun 14, 2008
3,186
Gansevoort, New York
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.
You're correct about which weapon to use. I purchased the AR and S&W because I fired an M-16 and a .45 before. After I had them for about a week I then knew it was a dumb move because of just what you said. "High powered pistol and rifle rounds can easily go through walls and strike friendlies." Should have thought a little more about what to purchase before I made the investment. We had a few break ins in our community and decided I should not sit back - I should buy something quickly.
 

Fbird

Veteran Member
Lifetime Gold Member
Feb 12, 2011
6,253
atlanta, ga
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
that USED to be NC law too...for many yrs. It too has changed several yrs ago!! ;)
Even a bad KID who has NEVER HEARD a pump shotgun rack......KNOWS "that sound aint good"
 

biker

Veteran Member
Gold Member
Dec 7, 2014
4,815
Canada
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.
100% agree. Auto/semi rifles get all the glory as the pretty boy of the firearms world, but for home defense, the 12 gauge pump is king. Especially if it is shortened somewhat...
Accuracy, spread, reliability, limited risk beyond target range and the thunderous boom are perfect for the application.
 

Da-bigguy

Veteran Member
Lifetime Gold Member
Jan 19, 2010
5,974
Cypress, TX
100% agree. Auto/semi rifles get all the glory as the pretty boy of the firearms world, but for home defense, the 12 gauge pump is king. Especially if it is shortened somewhat...
Accuracy, spread, reliability, limited risk beyond target range and the thunderous boom are perfect for the application.
First weapon I bought after moving to Texas was a 12 gauge pump. It was my Y2K insurance policy! Since then I have added more, a .22LR StG-44, a Ruger AR-556, an FN-FAL and Sig Sauer TACOPS 1911. I'm ready for a burglar or the zombie apocalypse!
 

sandlapper

Veteran Member
Oct 9, 2020
1,277
SE CSA
The matter of shooting a B&E suspect can be VERY slippery slope for the shooter. This sort of thing cropped up in a big way in SC some years ago. Shooter killed her former lover (each black) as he attempted to fore his way into her home. Dead perp's family wailed & bemoaned while the cameras feasted on it. Then 60 minutes featured it. During that time, SC's Atty Gen weighed in and said this looks OK and specifically notified ALL SC Sheriffs and published his opinion (that's Not a law). But get this; in SC, State's AG are ELECTED and new blood does enter periodically. And then that new AG's opinions may very well change and be at odds with the former. So, you might can kill the perp under one admin and not get charged ... then comes another AG and you'd get slammed w/ manslaughter/murder. Slippery slope in SC. And think ... all other states will have just as convoluted, but differing morass. I can only suggest, you make certain you're in the right FIRST, and then make it a clean kill. I'm a 2nd Amendment guy; and suggest each firearm holder train regularly and refresh themselves via course(s) on legalities of defense with deadly force. There are lots of well-meaning ignoramuses languishing in prisons.

And, of course, NO ... NO gov't entity will provide private legal defense for private citizen(s). FWIW, there are Ins policies available for just that.
 

biker

Veteran Member
Gold Member
Dec 7, 2014
4,815
Canada
Oh yes. Best way to explain use of force is that you have the right to use as little force as is necessary to effect arrest/stop behaviour/deter offender.

Shooting someone who breaks into your house works in the movies, but that's it. You need to articulate a credible, imminent threat to your life or someone else's before using deadly force.
 

Jimmac

Veteran Member
Dec 24, 2013
774
tucson az
if someone thinks my stuff is worth more than their life, go ahead and try to break in while I'm home. Too many news stories of crazies attacking innocent people. So the media pretty much convices the average Joe that anyone breaking in is a threat. jim
 

Green70Z28

Member
Sep 30, 2021
39
Cookeville,TN
Laws vary from jurisdiction. For example, France is charging a homeowner with murder for shooting an intruder and the French president said he is opposed to self-defense because it would turn France's society into the wild west.This is contrary to classic thought that the right to self defense is not a gift from government but an inherent right each individual possesses.

In the United States, laws vary from the castle doctrine, stand your ground laws and common law self-defense. Universally, if the intruder is shot in the back, problems arise for the shooter unless the intruder was shooting over his shoulder as he ran. Additionally, if the homeowner did not have the right to possess a firearm or the type of firearm used (former felon, court order, local law, etc.) the homeowner could face charges for the firearm, not the shooting.
 

roadrace2

Veteran Member
Jan 13, 2000
1,868
Earth......?
Shooting someone who breaks into your house works in the movies, but that's it. You need to articulate a credible, imminent threat to your life or someone else's before using deadly force.

Yup truth be told.

In Canada, this rule applies as well. There have been a couple of cases where the owner of private property was either charged (charges withdrawn) or not charged at all......but........this all a case by case basis.
 




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