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Can someone give me an answer about guns laws relating to burglaries?

I know that laws vary from state to state but I was just curious about a particular hypothetical scenario. Let's say a mugger finds you in the streets at night and holds you up for your wallet and they're wielding a gun or knife in your face. You calmly give them your wallet and as quick as they came they're now running away. Is there any situation in which it would then be legal to pull out a weapon and gun them down as they're running away with your property? Even if they're in possession of a lethal weapon?

5 Answers

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  • 6 years ago

    No. Once they are fleeing you have lost your right to use lethal force. At that point, use of lethal force would be assault with a deadly weapon or attempted murder, and if you actually hit and kill the mugger, that would very likely be voluntary manslaughter, a felony that'd put your butt in prison for 10 years.

    Even if you are statutorily allowed to use lethal force in the context of a criminal charge, you would not be free from civil liability. In other words, the mugger or his family could sue you and would likely win.

  • Anonymous
    5 years ago

    Automatic guns are already banned. They want to put semi autos in the same category as automatics and most guns are semi auto. Yes gun crime is not as high in the UK but their violent crime rate (rape burglary home invasions...) is 3x higher than the US. They even have talks about banning long knives with a sharp point. The UK is also an island so its somewhat easier to keep out banned items. If the US banned the 2nd, there would still be guns coming in from Central America, the drug cartels would get a new source of revenue.

  • Chet
    Lv 7
    6 years ago

    as you stated, it depends on the state. Here in Texas you can use deadly force to stop a robbery (which that is what he is committing) and to prevent their fleeing. Here is the law:

    Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is justified in using deadly force against another to protect land or tangible, movable property:......

    (2) when and to the degree he reasonably believes the deadly force is immediately necessary:

    (B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property;

    http://www.statutes.legis.state.tx.us/Docs/PE/htm/...

    There is a little more to it, but in your situation, there is at least one state that allows it. Here is a real life scenario that resembles yours:

    A man sees his neighbors home being burglarized. Calls 911 to tell them and that he WILL NOT allow someone to get away with it. 911 tells him to not do anything. He goes out side with a shotgun and kills 2 burglars trying to get away (shot one in the back). Here is the 911 audio recording:

    https://www.youtube.com/watch?v=LLtKCC7z0yc

    In Texas all felonies go before a grand jury. Only the grand jury can decide to press felony charges, not a cop, not a judge, not a DA. The grand jury no-billed him because his actions where perfectly legal.

    https://en.wikipedia.org/wiki/Joe_Horn_shooting_co...

    Texas does allow someone to use deadly force to protect property.

  • ?
    Lv 7
    6 years ago

    First off that is Robbery, If you have Castle Law yes you can.In my State this is anywhere you are. All States are different and vary widely.

    The castle laws that cover defense of habitation, stand your ground, duty to retreat are important to understand most especially before you decide to take any action in self defense.

    You can't assume anything about the law.

    Each state has different laws concerning defense of your home, workplace or while in your car.

    5 Requirements before you kill an intruder, (Where Allowed).

    •A person must believe that the intruder is intending to cause serious harm to occupant(s).

    • A person might have to announce his presence and intention to retaliate

    •A person must believe that the intruder intends to commit a felony

    •A person may be protecting themselves, or any other person in the residence or sometimes this extends to a workplace or car

    •A person must not have provoked the intruder or threatened to harm them beforehand

    7 Snippets of info and links to information about Castle Laws

    Castle Laws Defender - www.Castle-Laws.com

    1.By mid July of 2011, there were 27 states that had the castle law or a variation thereof in their state.

    2.The law sometimes serves to protect individuals from civil lawsuits by an attacker or attacker’s family when force is used.

    3.A variation is the "No Duty To Retreat" laws, the "No Duty to Retreat In Your Home", and then there is the "Duty to Retreat".

    4.If you do not adhere to that rule and defend yourself with excessive force, you can be charged with self defense crimes.

    5.Here is a definition called the Defense of Habitation law.

    6.You can read the Texas Castle Law here

    7.Some states allow defense with equal force against equal force even deadly force against deadly force.

    Many states have the " Stand Your Ground" clause

    Castle Law intruder - www.Castle-Laws.com

    Meaning that a person in their home, who can see that they are or are about to be under attack, has no obligation to try to escape his or her attacker before resorting to deadly force.

    Some states have the "Duty to Retreat" clause.

    This tells us that force should be a last resort, and the person in their home must, within reason, try to escape from the attacker before retaliating.

    There was a case in New York a few years ago where a man killed another while standing in the doorway of his apartment; read about the duty to retreat "

    It may be a good idea to know how to use legal self defense so that you don't have to kill someone.

  • ?
    Lv 4
    6 years ago

    no, it is not legal, it would be considerd close to a surrender, and you would be charged with murder, dont do it, report it to the cops, but dont shoot, unless he turned around and started moving towrds u and he was pulling his gun, and u have yours out, shoot him as ur life is in danger, and when the police question u rember you feered for your life, and you thought he was going to kill you right there. and dont fire warning shots, if u do say u were nervous and fired by accident as you were shaking from fear and such

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