Should I use deadly force in my house? - Page 2
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Thread: Should I use deadly force in my house?

  1. #11
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    FYI: This was the OP's one and only post in this forum. The OP mentions another firearms discussion forum that is brand new. The OP refers to a discussion in that forum that doesn't exist. The OP itself is also rather odd, as it seems to suggest that this forum is more pro-gun and therefore suggests something different than the other forum.

    In summary, I believe the OP is a troll post.

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  3. Why is this site so complicated to read threw I was just wondering if in Vermont and someone breaks into your house will you go to jail if you shoot and kill them?

  4. #13
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    Quote Originally Posted by Penny26 View Post
    Why is this site so complicated to read threw I was just wondering if in Vermont and someone breaks into your house will you go to jail if you shoot and kill them?
    Your question is hypothetical. It always depends on the circumstances and state law. You would need to look up the state law to identify what is legal and what is not. You should read Vermont Statute 2305. Justifiable homicide.

    Vermont does not have a Castle Doctrine in its laws. Case law has generally upheld the right to self defense without a duty to retreat. However, there is no stand your ground statute. Read Vermont Model Criminal Jury Instructions.

    I certainly can claim to be an Internet expert on deadly force and tell you all kinds of stories about what is legal and what is not. If you end up shooting someone based on my advise, then it is still your behind that goes to jail not mine. When in doubt, ask a lawyer.

  5. #14
    Quote Originally Posted by Penny26 View Post
    Why is this site so complicated to read threw I was just wondering if in Vermont and someone breaks into your house will you go to jail if you shoot and kill them?
    If you did not invite the person into your home, then you can pretty much shoot them in a castle state.

    I would not recommend shooting them in the back unless they are potentially harmful to your children or others however.

    And if they are trying to get out of your house, it is a good idea to let them go.

    Vermont however is NOT a castle doctrine state. They have very few gun laws, and they leave everything up to the courts.

    The courts will rely on the Vermont statutes. Statutes like this usually excuse homicide on the basis of self defense. But self defense requires an imminent threat to your life or of serious injury before you can reasonably employ it. And a "reasonable person" presumption will also be employed. Whatever you did must have been what a reasonable person would have done.

    Homicide is the killing of another human being.

    Homicide is only justifiable for self defense against threats to your life or from serious injury to your person.

    So what is it that you are worried about? Burglaries? Home invasion? Spouse abuse?

  6. Quote Originally Posted by TrustyCow419 View Post
    Just wondering what the law is concerning deadly force in your house in a castle law state. If I can avoid confrontation and bunker down in a room should I just avoid the fight? I got some advice from Ohio Gun Owners Community for Ohio Firearm Owners and they recommended avoiding the gun fight since after all it can go both ways but wanted to see what everyone else said here in a more pro-gun forum.
    Ohio has no Duty to retreat while you're in your own home or vehicle. You don't have to hide.

    Lawriter - ORC - 2307.601 No duty to retreat in residence or vehicle.
    Lawriter - ORC - 2901.09 No duty to retreat in residence or vehicle.

    Caution: The law stipulates that you must be in your own home for these laws to apply.
    • If you're at a friend's SuperBowl party and a few thugs break down the door, your friend can draw his gun but you can not. You have to flee first because it's not your residence.
    • If your girlfriend picked you up from work and you experience a road-rager on the way home, you DO have a duty to retreat before using lethal force; you are not in your vehicle, you are in her vehicle.


    Ohio has made great progress in repealing draconian gun control laws over the last couple decades, but unfortunately, silly rules like these are still on the books.

    *****
    Regarding Castle-Doctrine, there are state-specific details, so let's use Texas. Generally, you cannot use deadly force for simple trespassing. If someone opens your unlocked front door, walks in and just stands there, you can not shoot them (Texas Penal Code 9.41 authorizes force, not deadly force. When Texas law authorizes lethal force the law is careful to say exactly "lethal force"). The trespasser has to also be committing an forcible felony.

    An example of a state-specific detail is the above does not apply in Texas after dark (Texas Penal Code 9.42). In Texas, after dark, if someone opens your unlocked front door, walks in and does nothing else, you can shoot them because the law views that as burglary. Texas has a long history of land-grabs and property disputes Not every Castle-Doctrine state has such a provision, however.

    *****
    Regarding whether or not you should hide, IMO you should not kill someone unless you absolutely have to. Forget the legal and financial consequences for a moment, you will not enjoy PTSD.

  7. Quote Originally Posted by Penny26 View Post
    Why is this site so complicated to read threw I was just wondering if in Vermont and someone breaks into your house will you go to jail if you shoot and kill them?
    No. You would not go to jail.

    I say that as an absolute statement only for convenience. It's impossible to strangers on the internet to give a definitive answer, especially since the exact details of an actual event need to be known.

    What I mean by my overly simplistic answer is you would have a case to make that your use of lethal force was reasonably needed to stop burglary and a violent trespasser.

  8. #17
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    Quote Originally Posted by BlackBook View Post
    No. You would not go to jail.

    I say that as an absolute statement only for convenience. It's impossible to strangers on the internet to give a definitive answer, especially since the exact details of an actual event need to be known.

    What I mean by my overly simplistic answer is you would have a case to make that your use of lethal force was reasonably needed to stop burglary and a violent trespasser.
    Latest iteration of Blueshell/Gensai/HKS?
    In an emergency individuals do not rise to the occasion, they fall to the level of their MASTERED training
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  9. #18
    Quote Originally Posted by Eidolon View Post
    Latest iteration of Blueshell/Gensai/HKS?
    Moron, I only have one account on this website, and it is fairly new.

  10. #19
    Quote Originally Posted by Eidolon View Post
    Latest iteration of Blueshell/Gensai/HKS?
    Could be...


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  11. Avoid it if you can, but if cornered....no mercy! :)

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