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Is it legal to kill an unarmed person that you catch in your house?
Let's say I hear something in the middle of the night. I grab my gun and check out the situation. I find a male teenager in my family room. He appears to be unarmed. If I shoot him, is that murder or self defense?
12 Answers
- CptainamerLv 78 years agoFavorite Answer
Depends on if your state has the Castle Doctrine, or not ....
- L.T.M.Lv 78 years ago
What is the biggest thing most armed citizens fail to plan for
What happens in most cases immediately after a “justified shooting”
What plans should you have in place in case you ever have to use deadly force
How does a deadly force incident differ when it is in your home vs. away
What about the castle doctrine, how much protection does it really provide
Can a shooting be legally justified in one state and not another with the same facts
Listen to (or read) this for the answers to those questions and more. This man knows the law. He served 19 years as chair of the Firearms Committee of the American Society of Law Enforcement Trainers. - http://www.thesurvivalpodcast.com/episode-1094-mas...
- jeeper_peeper321Lv 78 years ago
it could be both
to use self defense, your life must be in danger
so just having an intruder in your house is NOT enough
but if they turn and start coming toward you, even if unarmed, you can shoot them
but if they are walking away, you cannot shoot them in the back
- Mr. SmartypantsLv 78 years ago
The long-established, well-accepted rule is that you may only use 'deadly force' to prevent murder or mayhem. This means you can't shoot someone you know is unarmed and harmless. But in the real world, if you catch someone breaking into your house you are allowed to assume he's armed. If you know he's NOT armed, and that can be proven in court, you're in big trouble.
I ask gun-rights people "If you see someone breaking into your car parked out at the curb, do you have the right to shoot him?" About half of them get it right--you can't use deadly force to protect property, only life and limb.
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- Mercadies2000Lv 78 years ago
I wouldn't kill him or even shoot him but you could mess with his mind and let him think you will so maybe it would teach him something. I don't think it would be legal to kill him, I don't know.
- 8 years ago
It would be attempted murder if he gets to make a statement to the police.
If your mother/wife/daughter/son has a boyfriend you don't know about, you could be in deep poo.
- Mr. WolfLv 78 years ago
You have believe you are in imminent danger of losing your life or receiving great bodily harm and that the killing is necessary to save yourself from that danger.
- Anonymous8 years ago
In most states, you must convince the judge that you had some reasonable cause to believe your life was in imminent danger.
- megLv 78 years ago
You must also believe he is a danger but the law presumes you do, so you should avoid saying things like "I knew it was my neighbors kid that that was so drunk he came in my house by mistake¨.
- Anonymous8 years ago
It is legal under castle doctrine.