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Lawyer-Age: My cousin's husband was charged with second-degree murder

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Well, I don't think anyone is really suggesting that. I think the issue is more complicated than the set of binary possibilities that people often present it as. Again, I really don't understand why -- when countering the opposition viewpoint -- we create these overly hyperbolic possibilities where you have to pick between one of two possibilities:

A. Grab your arsenal of weapons and proceed to shoot at noise and shadows with reckless abandon so as to give yourself the best chance of murdering this person who must possess a deadly risk to you and your family for breaking into your house.

B. Cower in fear in a corner pissing your pants as you pray for the police to save you, for you are a hopeless bleeding heart who doesn't believe in standing up for yourself.

I love every time someone makes this point the next set of posts are immediately people going hyperbolic in one direction or the other. :/
 
Really? Really? thousands of years of cultural and biological evolution still dictate someone coming into your home is a threat.

Thousands of years of cultural and biological evolution have moved us - most of us - beyond the simple eat/fuck/sleep/kill lifestyle of our lizard brain.

I mean, if you are adamant about shooting first and asking questions later, at least shoot the dude in the kneecaps.


What the... Maybe we call should just not lock our doors at night.

There's more to the social contract than not stealing from people or breaking into other's homes. Like, not killing people without a warning.
 
Well, I don't think anyone is really suggesting that. I think the issue is more complicated than the set of binary possibilities that people often present it as. Again, I really don't understand why -- when countering the opposition viewpoint -- we create these overly hyperbolic possibilities where you have to pick between one of two possibilities:

A. Grab your arsenal of weapons and proceed to shoot at noise and shadows with reckless abandon so as to give yourself the best chance of murdering this person who musters possess a deadly risk to you and your family for breaking into your house.
B. Cower in fear in a corner pissing your pants as you pray for the police to save you, for you are a hopeless bleeding heart who doesn't believe in standing up for yourself.
You should make yourself known and announce you are armed.
 
I love every time someone makes this point the next set of posts are immediately people going hyperbolic in one direction or the other. :/

To be honest I can't think of many other possibilities than a)call the police b)confront the perpetrator or c)get the fuck out of your house.
 
Unless you can read minds, it's reasonable to "assume the worst" which doesn't mean blindly shooting at every noise. It means assume he's there to harm you and you should incapacitate him however is most expedient, which happens to be shooting. Assuming he's not there to harm and as a result possibly getting harmed or killed is the other possibility and thus you make the other assumption.
 
Thousands of years of cultural and biological evolution have moved us - most of us - beyond the simple eat/fuck/sleep/kill lifestyle of our lizard brain.

I mean, if you are adamant about shooting first and asking questions later, at least shoot the dude in the kneecaps.
HAHAHA surprised it took this long for this to show up
 
To be honest I can't think of many other possibilities than a)call the police b)confront the perpetrator or c)get the fuck out of your house.

Unfortunately, there are alot of people in the US, who feel that they should not have to retreat in their own home. Thus castle doctrine.

Then there are other people who feel that they shiould not have to retreat if they have a right to be where they are, hence "Stand your ground."

Eventually, people will pass a law for shooting folks for occupying an area when the shooter beleives he has a right to be in the future.

And this is when WalMart will stop selling firearms and ammuntion after the ineveitable Express Lane Line Cutting Massacre.
 
You should make yourself known and announce you are armed.

Why? Just call the cops and lock the door to the room you are currently in with the shotgun aimed at the door.

That would actually give the cops a chance to catch the fucker red-handed.
Shouting down that you have a shotgun will just trigger fight or flight responses, which you should avoid.
 
To be honest I can't think of many other possibilities than a)call the police b)confront the perpetrator or c)get the fuck out of your house.

What's happening here is only a subset of b).

The law says it's okay to confront the invader, but that force used should be proportionate to the situation. That's all. There's nothing about asking the invader about their motives or their intention or any other of the weird hyperbolic extremes people are coming up with. It would, in all likelihood, just be about what the defender would reasonably be expected to observe and correspondingly react to.

The law is only there so defendants can't straight-up murder people who are illegally on their property.
 
You should make yourself known and announce you are armed.

I don't necessarily disagree with this. However, I do see some resistance to this notion. After all, by announcing your presence, some would seem to suggest that this puts you in danger. Armed or not, now the criminal knows you're there. Think you're a faster draw than him? What if you haven't accounted for his accomplice? People ask these kinds of questions and then surmise that it's better to shoot first and ask questions later.
 
Damnit people.

Just because someone breaks into your house doesn't mean you can kill them.

If you are of the reasonable beleifs that they present a threat to you or your family. Yes.

Your stuff? No. Unless you live in Australia in certain situations, apparently.
why should anyone be expected to give the benefit of the doubt?
 
Because you can't kill someone for what you think they will do to you, in the same way your girlfriend can't blame you for something you did in her dream.

You guys should take a hard, long look at yourselves, when even Travis Bickle says something like this.
 
What's happening here is only a subset of b).

The law says it's okay to confront the invader, but that force used should be proportionate to the situation. That's all. There's nothing about asking the invader about their motives or their intention or any other of the weird hyperbolic extremes people are coming up with. It would, in all likelihood, just be about what the defender would reasonably be expected to observe and correspondingly react to.

The law is only there so defendants can't straight-up murder people who are illegally on their property.

Basically.
 
I don't necessarily disagree with this. However, I do see some resistance to this notion. After all, by announcing your presence, some would seem to suggest that this puts you in danger. Armed or not, now the criminal knows you're there. Think you're a faster draw than him? What if you haven't accounted for his accomplice? People ask these kinds of questions and then surmise that it's better to shoot first and ask questions later.
What is your suggestion?
 
Kinda half joking. A warning shot first would be more reasonable.

You do realize a warning shot from a gun is consider misuse of a firearm, and if a police officer did it, he'd be reprimanded. That bullet does go somewhere.

Jesus, some care for innocent people. Don't want a burglar to get hurt so fire a warning shot that could hit who knows what where and when.

Further, all firearm training preaches aiming for center mass. Know why? Because when you miss, same as a warning shot, that bullet is going somewhere you don't intend. Aiming outside center mass only increases the odds of missing with a shot.
 
What is your suggestion?

I don't have any hard and fast rules. I won't pretend to be an expert on what people should do in this situation. However, as it comes to advocating how one should behave, I personally just think the situation is slightly more nuanced than some like to make it out to be.
 
nel e nel, fastest shot in the west

lulz. Seriously though, you ever daydream about getting into situations like this, and what your response would be? Like, "if my nemesis in high school called me out, how would I beat him in a fist fight?"

That's how I arrived at kneecapping/hamstringing for any possible scenario where I have a gun. Not that I own a gun for home protection. A katana would be so much more stylish.
 
You do realize a warning shot from a gun is consider misuse of a firearm, and if a police officer did it, he'd be reprimanded. That bullet does go somewhere.

Jesus, some care for innocent people. Don't want a burglar to get hurt so fire a warning shot that could hit who knows what where and when.

Further, all firearm training preaches aiming for center mass. Know why? Because when you miss, same as a warning shot, that bullet is going somewhere you don't intend. Aiming outside center mass only increases the odds of missing with a shot.

And you might get charged like the woman in Florida. So as a homeowner you are in an always lose situation.
 
You do realize a warning shot from a gun is consider misuse of a firearm, and if a police officer did it, he'd be reprimanded. That bullet does go somewhere.

Jesus, some care for innocent people. Don't want a burglar to get hurt so fire a warning shot that could hit who knows what where and when.

Further, all firearm training preaches aiming for center mass. Know why? Because when you miss, same as a warning shot, that bullet is going somewhere you don't intend. Aiming outside center mass only increases the odds of missing with a shot.

Well, I did not know that - the misuse part that is. Of course the bullet goes somewhere, but I suppose in the heat of the moment, an untrained person isn't thinking about that. If I ever did get a gun, I would go through training to make sure I know the proper way to use it.

I just did a quick look for license laws in my area, and it didn't mention anything about safety/usage training. Is that standard when acquiring a license?
 
Because you can't kill someone for what you think they will do to you, in the same way your girlfriend can't blame you for something you did in her dream.

So you have to wait for them to do it??

I think that I'll be erring on the side of caution when I smack any intruder with my sawn off curtain pole.

Not much gun ownership in my country..
 
That's quite a message you're sending to other criminals in Canada who enjoy breaking and entering. "The people you're terrorizing shall pose no threat to you, sir. And if they do, we shall prosecute them to the fullest extent of the law!" That'll deter crime.
 
And you might get charged like the woman in Florida. So as a homeowner you are in an always lose situation.

Ironically, I agree with the warning, in a verbal form. Part of the gun training I got was training on appropriate response to an intruder (this was in Virginia). If I detect an intruder, retreat with my family to a room, lock it, and announce that I am armed, calling the police, and will fire if they come upstairs.

Now, this is ideal circumstances. More likely is I hear something, go downstairs and find an intruder. If they run, I'd let them go. If I'm armed, I'd tell them to hit the ground. Any action towards me in ANY way, I'd take as hostile intent and respond with force. This way, I'm protecting myself not only physically, but legally as well.

Nel e Nel said:
Well, I did not know that. If I ever did get a gun, I would go through training to make sure I know the proper way to use it.

I just did a quick look for license laws in my area, and it didn't mention anything about safety/usage training. Is that standard when acquiring a license?

Depends on your locale, I believe. A lot of places do NOT require, but you'll find most gun ranges won't let you on their range without some basic training with it. Its pretty easy to find training, be it through dealers or NRA, but as a requirement, I don't think too many places do that.
 
How granular are the laws in Canada regarding this? If the criminal makes a move away from you, but towards a room your child is in but you don't stab him, instead you merely punch him in the head, but you hit his temple and he dies. Still your fault? Still a risk of doing time?
 
And you might get charged like the woman in Florida. So as a homeowner you are in an always lose situation.

Honestly, what the fuck are you even trying to say? You haven't made a single coherent post in this thread. All I can tell is that you're upset and crying about it.
 
Ironically, I agree with the warning, in a verbal form. Part of the gun training I got was training on appropriate response to an intruder (this was in Virginia). If I detect an intruder, retreat with my family to a room, lock it, and announce that I am armed, calling the police, and will fire if they come upstairs.

Now, this is ideal circumstances. More likely is I hear something, go downstairs and find an intruder. If they run, I'd let them go. If I'm armed, I'd tell them to hit the ground. Any action towards me in ANY way, I'd take as hostile intent and respond with force. This way, I'm protecting myself not only physically, but legally as well.

What was the nature of your training? Military, police, personal? Just curious.
 
I don't necessarily disagree with this. However, I do see some resistance to this notion. After all, by announcing your presence, some would seem to suggest that this puts you in danger. Armed or not, now the criminal knows you're there. Think you're a faster draw than him? What if you haven't accounted for his accomplice? People ask these kinds of questions and then surmise that it's better to shoot first and ask questions later.
There is no perfect solution. But I think informing a burglar you're aware of his or her presence, and that you are armed, is the least egregious.
 
Well if you can't see him clearly then you definitely shouldn't be confronting him in any way. I'm sorry that should just be common sense.

Do you have kids? Do you own a home with bedrooms spread out in all directions? A criminal moving away from my room is merely heading towards my children's rooms. I'm going to confront that asshole, and he may die. If he can't handle that possibility, the prevention is simple - don't rob people.
 
What if you went down to check, couldn't see clearly but got his attention and he is now approaching you?

Approaching you? Go ahead and fire, that's a pretty clear sign of aggression. These are exactly the kind of distinctions that make this about more then "if he's in the house, go ahead and attack"
 
It's reasonable to assume an intruder may have a weapon to intimidate anyone inside if they were caught. It is also reasonable to the occupant, in North America at least, may have a weapon and so thus a confrontation is very likely, especially if the latter believes the former to be armed. From that perspective, it's difficult to argue that the occupant should avoid pulling the trigger or attacking the burglar in defence of their lives or property.

It must be difficult legally to approach this, but there needs to be a distinction made here between self-defence and murder. I don't believe you have the inherent right to take someone's life on the mere premise that they intruded upon your home.
 
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