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Unread 02-18-2011, 11:24 PM   #1
ClockworkC5
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Default shooting an intruder

last night someone broke into our house. luckily my girlfriend heard something going on. for some reason she didnt wake me up, but instead turned on the lights and went downstairs to confront the would be robbers with her intimidating 98# figure. whoever it was ran off. we will be using the house alarm now, but id like to know, can i shoot someone, as long as they are inside and evident that they broke in? im planning on getting my concealed weapons permit, but in the meantime i just have a 45 ruger i picked up at the last gunshow and a semi automatic shotgun.
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Unread 02-19-2011, 01:08 AM   #2
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This might help....

http://licgweb.doacs.state.fl.us/wea...f_defense.html
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Unread 02-19-2011, 08:40 AM   #3
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A couple of things came to mind when I read your post:

1) I need to get an alarm system
2) Generally speaking, if no one else in the house (ie: kids in a separate room) is/are in danger, DON'T go looking for the burglar!
They know where they are, what they're going to do if they're caught (in most cases) and you don't know whether they are armed!
Secure yourself and loved one in a locked room, and call the Police on a cell phone rather than a hard wired phone if possible.
Let them do what you pay them to do!
(this also sets up a great defense for your use of force claim)
Nothing material in that house is worth your life

3) Tell her next time (God willing there won't be a "next time") wake you the F**k up!

And since we're talking about the use of deadly force, remember: ALWAYS IDENTIFY YOUR TARGET!!!!

Don't f**k up and shoot your kid, brother, etc., who happens to stagger in the door late at night without a key, and doesn't want to wake you!
You're not covered under the doctrine!

The above link is a great source, especially for concealed weapon licensees.
Make sure you read it all to the get the full effect of the doctrine/law.

Here's a couple more that you may find helpful:

"Castle Doctrine"

http://www.wsoctv.com/news/26916167/detail.html

http://www.gunlaws.com/FloridaCastleDoctrine.htm

In the last one:
Quote:
One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.
the section underlined and in red, is a bit misleading to most.

To commit a burglary, you DO NOT have to "break" in as common thought assumes, nor do you need to use force to enter a dwelling or structure, in order to commit the offense of "Burglary."

Burglary Defined:
(generally)

Quote:
Florida
•In Florida, burglary is defined as the unauthorized entering or remaining in a dwelling, structure or conveyance with the intent to commit an offense unless it is open to the public.
(Defined Per Florida Statute)

http://www.leg.state.fl.us/statutes/...s/0810.02.html

Quote:
The 2010 Florida Statutes
Title XLVI
CRIMES
Chapter 810
BURGLARY AND TRESPASS
View Entire Chapter
810.02Burglary.—
(1)(a)For offenses committed on or before July 1, 2001, “burglary” means entering or remaining in a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter or remain.

(b)For offenses committed after July 1, 2001, “burglary” means:
1.Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter; or
2.Notwithstanding a licensed or invited entry, remaining in a dwelling, structure, or conveyance:
a.Surreptitiously, with the intent to commit an offense therein;
b.After permission to remain therein has been withdrawn, with the intent to commit an offense therein; or
c.To commit or attempt to commit a forcible felony, as defined in s. 776.08.
....redacted....
Here's where you have to be careful:
(F.s.s.: 776.08)
Quote:
The 2010 Florida Statutes
Title XLVI
CRIMES
Chapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
776.08Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.
http://www.leg.state.fl.us/statutes/...s/0776.08.html

"Trespassing (with exception, a misdemeanor in most cases) can not be the basis for "burglary."

When the state is looking at the charge, they're looking for "other charges" such as larceny (theft), assault, Home invasion, etc., combined with the unlawful entry or remaining therein.

Recap:
Burglary= The unlwful entry/remaining in a structure or conveyance (vehicle for short) w/intent to commit some crime other than trespassing therein=FORCIBLE FELONY.
Forcible Felony=The right to the use of deadly force).


And again, there's no need to retreat from the threat!!
Identify your target!
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Unread 02-19-2011, 10:10 PM   #4
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Quote:
Originally Posted by ClockworkC5 View Post
last night someone broke into our house. luckily my girlfriend heard something going on. for some reason she didnt wake me up, but instead turned on the lights and went downstairs to confront the would be robbers with her intimidating 98# figure. whoever it was ran off. we will be using the house alarm now, but id like to know, can i shoot someone, as long as they are inside and evident that they broke in? im planning on getting my concealed weapons permit, but in the meantime i just have a 45 ruger i picked up at the last gunshow and a semi automatic shotgun.
I'll keep this short and simple. No offense intended to Shadow.

If someone breaks into your house you better use the 45 if you're confronted. I don't think I would even say 'freeze'. They know you're in there and obviously don't care. That's serious business and scary to even think about. Your girlfriend is a very lucky lady.

Usually a shotgun would be the weapon of choice. You don't have to worry about a projectile penetrating walls and killing your neighbor. A guy I knew in Ft Worth woke up to the sound of an explosion. His neighbor was cleaning a gun, it fired and the bullet went through two walls and demolished his TV set.
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Unread 02-20-2011, 12:21 AM   #5
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Quote:
Originally Posted by Bob K View Post
I'll keep this short and simple. No offense intended to Shadow.

If someone breaks into your house you better use the 45 if you're confronted. I don't think I would even say 'freeze'. They know you're in there and obviously don't care. That's serious business and scary to even think about. Your girlfriend is a very lucky lady.

Usually a shotgun would be the weapon of choice. You don't have to worry about a projectile penetrating walls and killing your neighbor. A guy I knew in Ft Worth woke up to the sound of an explosion. His neighbor was cleaning a gun, it fired and the bullet went through two walls and demolished his TV set.
No offense taken. Why would there be?
If you're "confronted", then sure, protect yourself and your loved ones.

OTOH, DO NOT go looking for them unless you have kids or family in another room.

If someone comes into my home unannounced, with my grandaughter on the other end of the house, I'm going hunting~!

But those are extenuating circumstances.

Otherwise, you might be wise to heed the advise previously given, lock yourself in the room with your weapon trained on the door, and comfortably braced and shielded by, lets say a bed, and call the cops on your cell phone (they can cut hardwires).

You might live long enough to tell about it.
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Unread 02-20-2011, 08:54 AM   #6
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Quote:
Originally Posted by Shadow View Post
No offense taken. Why would there be?
Did you not see the smiley?

I'm just sayen if they break in knowing it's occupied it is be a much more dangerous scenario. They're probably armed and prepared to kill. If they come to your bedroom, identify the target and shoot. Do not hesitate.
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Unread 02-20-2011, 11:07 AM   #7
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It is sooo much easier to know what to do in a cockpit. If you come in they don't walk out.
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Unread 02-20-2011, 11:39 AM   #8
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Quote:
Originally Posted by Sub-Zero View Post
It is sooo much easier to know what to do in a cockpit. If you come in they don't walk out.
I didn't know if that issue had been settled. Can you explain who carries and describe the weapon?
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Unread 02-20-2011, 12:18 PM   #9
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Quote:
Originally Posted by Bob K View Post
Did you not see the smiley?
Apparently not

Quote:
I'm just sayen if they break in knowing it's occupied it is be a much more dangerous scenario. They're probably armed and prepared to kill. If they come to your bedroom, identify the target and shoot. Do not hesitate.
This is exactly what I teach in our personal safety and defense course given to the general public.
Stay put. get ready, know what you're going to do, alert the authorities and wait.
If they take the china, so be it.
DOn't be a hero...the funerals are boring

Quote:
Originally Posted by Sub-Zero View Post
It is sooo much easier to know what to do in a cockpit. If you come in they don't walk out.
That's gotta be bitch on flight attendants

BTW-Who makes the call now as to cockpit weapons?
Is it the airline or the pilot?
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Unread 02-20-2011, 01:16 PM   #10
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Quote:
Originally Posted by Shadow View Post
Apparently not
Please look cause it's there.
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