Home Forums Hunting & Shooting Hunter's Campfire Had a guy try to break in to our house early this morning

http://en.wikipedia.org/wiki/Castle_doctrine

This might clear it up

I'm not anxious to shoot anybody, but laws requiring retreat disgust me.

I agree and would add military orders to retreat.

When I took my class, agents of the 19th Tn Judicial Task Force taught ours, not some Rent-a-Cop or retired refrigerator repair dude. (not saying that's who you went to)

I remember them explaining "fear" of imminent danger was required. Not imminent danger, or seeing what kind of weapon the perp has. As long as you can justify and convince that you were genuinely in fear of your life or bodily harm being done upon you.

In this case on your doorstep at 2am with someone trying to get into your house, it would be a 'good shoot'. In Tn it would. Oh hell ya.

I don't think anyone needed to get shot since he was able to keep him outside and he ran off at the threat of the cops. Postulating on what could have happened if grandma answered the door is irrelevant. That's not what happened.
Also, if he had made it inside I'd rather be holding one gun not two for a couple reasons. First, you probably can't control two guns at a time to fire as well as if you had just one, and, two, you will probably drop the SxS to fire the pistol, giving him the opportunity to grab it and use it against you. Leave the SxS in the bedroom with your wife. Glad nothing went further south.

I just can't wrap my head around a guy just home from a war-zone trying to break into a neighbor's house and using being drunk as an excuse. When I got home from a war-zone I was so ultra-alert of everything, there's no way I didn't know exactly what I was doing all the time...and I could get pretty drunk.
I'd keep an eye on the lad.

You're right slumlord that's why i edited it.

exactly, I would not press charges but, the kid needs to learn a lesson

gotcha

I agree but I guess we need to remember that it would be a lot easier to prove fear of imminent danger if the splatter pattern is on your walls rather than your front porch.

correct

and that the entry holes are not in his back

SXS was the first line of defense, the XD was in my pocket, yes i have sleeping pants that hold my XD. for just a situation.

The biggest thing is the reason I sleep so alert is I have had my trailer tampered with as well as the trucks in the last few months, some one stole a half full can of diesel/gas mix used for burning brush out of my truck and they stole the safety chains of my trailer, then I caught a some kids messing with all the stuff in my trailer (steel scrap).

Who decided the terminolgy of fear of imminent danger? Is that up to the judge?

Here's an example,i'm 6' #200,i break into a home unarmed,there's a woman 5'2" #100 she's armed an shoots me,i'm dead.Was she in fear of imminent dager...who decides that?

You guys that think shooting first is the answer should lock up your guns and carry a baseball bat, no I take that back, a tennis racket. Your just too dangerous with lethal weapons.

My reaction would have been in line with OP's but I'd be over their house the next day to see what was up. When you choose to protect your home with a firearm you making a statement of, "I'm not trusting in law enforcement to keep me safe." Why would you stop there. Go over and get a feel for this kid see if he is a danger or not.

WyoCowboy
I read the entire thread, thank God you didn't have to pop a cap on the neighbor. You said that you spoke to a Deputy awhile ago and he was going to have a talk with the kid. That's fine, if that's what they think is the right thing to do, but you still need to speak with the Sheriff about the Deputy not coming to speak with you at 2 A.M. this morning to see if you wanted to seek charges.
Tim

If that 5'2" woman broke into your house unarmed you have every right to shoot her.

A person does not have to be armed to be a danger to you and/or your family.

There is no way of knowing for certain if that person is armed or not.

It is in your best interest to assume that a person who is or has forcefully entered your residents is armed or is there to do harm to you or your family.

Would've, could've, should've ... it doesn't matter. Thankfully you don't have to deal with the aftermath of shooting someone.

BUT ... the cops letting the kid go, and with a fist bump, is bizarre. Criminal trespass, attempted breaking and entering in the middle of the night is no small matter. Being drunk is absolutely no excuse.

I'd demand some answers from the cops and from the kid as to WTF he was thinking and doing. I make damn sure he knew how close he came to being shot. That boy needs the fear of God put in him and should thank you for not taking his life.

Some of the not-very-nice things you'd run into if you thought about pressing charges:
- There's a strong possibility that no proveable crime was actually committed. Things might be different if you had clear signage prohibiting trespass, or if you'd previously had some kind of documented trespass warning against this particular individual in the past. Things could certainly be different if there were evidence that he'd tried to force his way in, like video, or footprints or damage on the door. Otherwise, in the eyes of a court he's pretty much a drunk who walked up to the wrong door. Maybe dumb, but not criminal.
- (Kindof a side-line) Even if there were a proveable crime, the Sheriff still doesn't have to give a hoot about you. The criminal case would be State of Wyoming vs. Intruder, not WyoCowboy vs. Intruder.
- A civil case would still be very likely to be fruitless, depending on the same things in the first item. Walking up to the wrong door isn't necessarily trespass. And when you told him to leave, he pretty much left - even if it took a minute for the point to sink in.

So, what you're left with is probably an unprofessional deputy. Which unfortunately ain't gonna get you very far.

I had somebody snooping around the other night...apparently up to no good( it was 3;30 am....) I had just let Rommel out to go to the bathroom and he lit up...so I grabbed my Model 19 and headed out the door, only to be greeted by a happy dog and the sound of rapidly departing feet, which jumped into a waiting car and Varoomed away!

Dis is Rommel...hes hard to see in the dark...till you see his bright white teeth




Alpo earned....

Some of the most idiotic schit I've read on the fire right here.

1. I do not trust law enforcement to keep me safe. Lets say the perp was there to cause harm, would calling the cops have stopped him? I take responsibility for myself, and my family. I will keep them safe at do everything I can to accomplish that. When the cops take 30 minutes to get to your house, you damn well better be ready to take matters into your own hands.

2. If someone breaks into your house, your advise is to go over to their house the next day and see "whats up"? Let me know how that works out for you.

3. You can take your baseball bat and tennis racket and cower in the corner waiting for the cops to show up, I'll keep my gun pointed at the door.