[mcluvin]

if someone was in your house, and you ask them to leave and they dont and get aggressive, can you shoot them possibly killing them legally?

or if say you wanted someone to leave your property and they dont and you decide to shoot them in the foot- what could happen to you?

[magicman531]

Some states have the "make my day law." Basically, if you feel your life was being endangered, and can prove it within reasonable terms, it's "legal."

Having said that you can't shoot the paper boy for walking on your lawn.

[Chris H]

Originally Posted by mcluvin

if someone was in your house, and you ask them to leave and they dont and get aggressive, can you shoot them possibly killing them legally?

or if say you wanted someone to leave your property and they dont and you decide to shoot them in the foot- what could happen to you?

It depends on the state for the most part. But in most states, from what I remember homicide is not deemed justifiable unless you are in danger of being killed by the person you kill. Basically self defense, or defense of others is the only legal reason to kill if I remember correctly.

If you shoot someone in the foot you would probably be charged with assault with a deadly weapon and get prison time. In the above situations unless you are in immediate danger you are supposed to call the police to let them handle it.

[mcluvin]

well that sucks. my brother in law is a douche and his wife my sister in law are always have a power struggle that is so over board and crazy. she has a restraining order on him, but still sees him and hangout. now she's coming over to my place, which i found out brings him around...and he knows i will beat his ass in a heart beat. but since i dont want to fight unless it's in a match, i prefer to let the steel do the talking and since he wants to get lippy i figure if he trys to get tough or loud when i ask him to leave the next time i catch him around im going to shoot his ass in the leg or something.

[Zach Earles]

Kentucky has a no retreat law, so if anyone is on your property and you feel threatened you have every right to handle the situation in any way you see fit. dont even have to wait for them to be inside your house like a lot of states have.

[David Koresh]

Originally Posted by mcluvin

if someone was in your house, and you ask them to leave and they dont and get aggressive, can you shoot them possibly killing them legally?

or if say you wanted someone to leave your property and they dont and you decide to shoot them in the foot- what could happen to you?

It mostly depends on whether or not that person forced his way into your house. In California, you are presumed to have an imminent threat to your life if someone has forced his way into your home and is not a member of the household. You can then go ahead and blast him. Now this doesn't mean that you will not be accountable for your actions or exempt from being guilty, however it does mean that the district attorney will have the burden of proof to prove that you did not have reasonable cause rather than you having to prove that you did. I hope that makes sense.

The basic rule of thumb when shooting someone is that you must have a genuine and immediate fear for your life or serious bodily injury. But if you come home from work and see that your front door has been broken into and you walk inside to find some bum sleeping on your couch, you can't go ahead and shoot him in the head.

In short, there is no loop hole in the law that allows you to just kill someone without having to go before a judge and jury.

[Diyako]

its a free country go ahead and shoot him

[Chris H]

Originally Posted by Diyako

its a free country go ahead and shoot him

You're right, it is a free country, until you shoot someone for no reason.

[Mens Rea]

Originally Posted by mcluvin

well that sucks. my brother in law is a douche and his wife my sister in law are always have a power struggle that is so over board and crazy. she has a restraining order on him, but still sees him and hangout. now she's coming over to my place, which i found out brings him around...and he knows i will beat his ass in a heart beat. but since i dont want to fight unless it's in a match, i prefer to let the steel do the talking and since he wants to get lippy i figure if he trys to get tough or loud when i ask him to leave the next time i catch him around im going to shoot his ass in the leg or something.

This is absurd. Half of me thinks that you're joking, but I'll respond seriously anyway.

Don't shoot anyone unless they are a threat to your life or the life of another. You can't use deadly force because someone gets tough or loud.

If what you're saying is true (you can fight, sis has a restraining order, he's coming to your house), then you should just kick his ass, hog tie him, and then call the cops. When the cops show up explain that he threatened you, sis has a restraining order, and that it's your property. They will probably arrest him. There will be no lawsuit or jail time for you (but you have a good chance of ending up in jail or court if you shoot him).

Originally Posted by David Koresh

It mostly depends on whether or not that person forced his way into your house. In California, you are presumed to have an imminent threat to your life if someone has forced his way into your home and is not a member of the household. You can then go ahead and blast him. Now this doesn't mean that you will not be accountable for your actions or exempt from being guilty, however it does mean that the district attorney will have the burden of proof to prove that you did not have reasonable cause rather than you having to prove that you did. I hope that makes sense.

The basic rule of thumb when shooting someone is that you must have a genuine and immediate fear for your life or serious bodily injury. But if you come home from work and see that your front door has been broken into and you walk inside to find some bum sleeping on your couch, you can't go ahead and shoot him in the head.

In short, there is no loop hole in the law that allows you to just kill someone without having to go before a judge and jury.

Good advice.

[Είμαι αυτός]

Originally Posted by mcluvin

well that sucks. my brother in law is a douche and his wife my sister in law are always have a power struggle that is so over board and crazy. she has a restraining order on him, but still sees him and hangout. now she's coming over to my place, which i found out brings him around...and he knows i will beat his ass in a heart beat. but since i dont want to fight unless it's in a match, i prefer to let the steel do the talking and since he wants to get lippy i figure if he trys to get tough or loud when i ask him to leave the next time i catch him around im going to shoot his ass in the leg or something.

I hope you are not serious my good man. You don't use a gun to shoot someone in the foot to teach them a lesson. I sure hope you are joking.