User Panel
[#2]
Illinois law. OP is incorrect.
Sec. 7 3. Use of force in defense of other property. (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony. (b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct. (Source: P.A. 93 832, eff. 7 28 04.) |
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[#3]
Quoted:
Illinois law. OP is incorrect. Sec. 7 3. Use of force in defense of other property. (a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's trespass on or other tortious or criminal interference with either real property (other than a dwelling) or personal property, lawfully in his possession or in the possession of another who is a member of his immediate family or household or of a person whose property he has a legal duty to protect. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent the commission of a forcible felony. (b - In no case shall any act involving the use of force justified under this Section give rise to any claim or liability brought by or on behalf of any person acting within the definition of "aggressor" set forth in Section 7 4 of this Article, or the estate, spouse, or other family member of such a person, against the person or estate of the person using such justified force, unless the use of force involves willful or wanton misconduct. (Source: P.A. 93 832, eff. 7 28 04.) View Quote And Ill add on: (720 ILCS 5/2-8) (from Ch. 38, par. 2-8) Sec. 2-8. "Forcible felony". "Forcible felony" means treason, first degree murder, second degree murder, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual assault, robbery, burglary, residential burglary, aggravated arson, arson, aggravated kidnaping, kidnaping, aggravated battery resulting in great bodily harm or permanent disability or disfigurement and any other felony which involves the use or threat of physical force or violence against any individual. And then: (720 ILCS 5/19-3) (from Ch. 38, par. 19-3) Sec. 19-3. Residential burglary. (a) A person commits residential burglary when he or she knowingly and without authority enters or knowingly and without authority remains within the dwelling place of another, or any part thereof, with the intent to commit therein a felony or theft. This offense includes the offense of burglary as defined in Section 19-1. |
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[#5]
Quoted:
I will further add to the mix....I work for the state of Illinois. Any type of felony, even if there is not jail time means immediate forfeiture of your retirement and all licenses I hold with the state. View Quote That makes sense. However if you were in the right, then why would there have been a felony conviction? Seems like something smells a little fishy here. |
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[#7]
Handgun - Carry Issues... Chasing people in your front yard with a shotgun is not a handgun or carry issue. |
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[#8]
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[#9]
OP is related to people who were LEO somewhere else, this means he knows the law, dammnit!!!
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[#11]
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[#12]
Ahhhh...All sorts of good stuff in this thread!! It's 4:16AM on a Sunday here in AZ. I'm sitting outside on my patio laughing out loud
That baby GIF is going to keep me awake |
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[#13]
Quoted:
I was completely in the dark due to the overhang of my porch. They were fully lit up by the big light on our property. If you are out there, you cannot see anything on the porch. My wife followed me....good luck in stopping that. The way my stairs are in my house, I would likely have a disadvantage if they were in the house anyway. I'm sorry it doesn't have the arousal factor for some of you keyboard kommandos. It appears that some of you don't know your local laws and I would advise you to check up on them before going off on anyone. It is also easy to sit back and critique others when you have never been in that situation from your computer. One officer in the area did say that I had every right to shoot into the ground. Still, if I did that I would have likely been arrested.....and eventually released and out of a few thousand dollars. View Quote If your out in country who would have known you shot? Are the bad guys going to call the police on you? |
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[#14]
I haven't seen a thread like this since Pyr0king was plagued by the home invaders:
Every noise I hear prompts a room-to-room clearing of the house with my rifle tightly clutched in hand |
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[#16]
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[#17]
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[#18]
OP,
You are far too intelligent and knowledgeable of tactics and local laws to ever get any training of any kind. But, if I may offer a suggestion, perhaps your wife (who we may assume is not as knowledgeable as you?) might benefit from some training. (And then maybe she can 'splain it to you in a way that won't hurt your ego as only a good wife can do. Unlike the bruisers here on ARFCOM) |
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[#19]
i would never ever EVER rack my shotgun as a precursor to a gunfight.
i see no reason to give him a moment for the forethought to set down the stereo he is unwiring and turn to face the corner im about to come around (his own weapon now drawn), wondering to himself what he needs to do to get out of this imminent gunfight alive. |
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[#20]
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[#21]
Quoted:
The jacking the shell thing is still for effect. I worked for Dept of Corrections and the 2 things that stopped inmates cold was a video camera and jacking a shell in a shotgun. Even in your home, you cannot shoot an intruder based on that fact alone....thats Illinois. They have to pose an immediate threat to you. Now that said, it is highly unlikely and DA in our area will prosecute. Then again, it is available to them. In Illinois, if you go to investigate something on your land and have a gun in hand and a gun fight breaks out, you could lose everything. FYI, I have several pistols...that is the only one that does not have a shell in the chamber. In Illinois, you are responsible for every round exiting your gun and under what circumstances. View Quote which is why i live in a free state that doesnt coddle criminals.. |
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[#22]
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[#24]
Quoted:
I always leave the chamber empty because there is no other sound to a bad guy as the chambering of a shotgun View Quote |
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[#26]
after i read the op i had to check the screen name to see if it was zaminsky
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[#27]
The reality is that many gun owners do not understand the laws governing use of force... more importantly most do not understand how to control a situation. Get schooled, practice, discuss it with professionals (real professionals) constantly, then pray to God that you're never in a situation, cause it will likely change your life forever.
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[#28]
Quoted:
Reminds me of this... http://media-cache-ec0.pinimg.com/236x/6a/11/69/6a1169d239af0953ca47c2e1985a2a26.jpg View Quote View All Quotes View All Quotes Quoted:
Quoted:
My father and uncle were both law enforcement. ....state police...other FBI....again...I know the laws. Reminds me of this... http://media-cache-ec0.pinimg.com/236x/6a/11/69/6a1169d239af0953ca47c2e1985a2a26.jpg LOL |
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[#29]
Quoted:
I know this is not a carry story but home defense. My wife and I moved out into the country. Within 6 months, we already had a break-in in our detached garage. It was my fault really since my daughters played out there and failed to lock the window. About 3 years ago, Friday morning around 12:30 my wife hears a rattling of the downstairs door. Our home has a walk out basement and has two doors. She woke me up and said she heard something. I told her to go to sleep because I didn't hear anything. Within a few seconds we heard it again and she quickly got up to look outside and yelled ....there are 3 guys on our front lawn. Mind you, we live in the country and we are off the main road a bit. The first thing I grabbed was my shotgun. It is a Mossberg 500 pistol grip 18" barrel.....#4 buckshot. I always leave the chamber empty because there is no other sound to a bad guy as the chambering of a shotgun. I also live in the peoples republic of Illinois so you have to be careful drawing a gun on your own property. My wife and I exited to our front porch, half dressed...both of us. I called 911 and told them there was a break-in in progress. A few minutes had passed...no police. I called 911 again and they said they were busy but would come when they can. I yelled "HEY"...then jacked a shell in the chamber. They immediately ceased and ran. One was caught because he had entered a car in which we knew the owner. My point is this....it took 20 minutes for police to arrive. We had to call them twice. Legally, we had no right to shoot...but we had a tactical position over them since they were under our street lamp and we were in the dark on the porch. Do not expect police to protect you. View Quote I lived in the country most my life until moving to Punta Gorda FL. in 03. Never had any problems . I use to use the same load #4 Buck in 12GA. Later in 2005 Dr. Roberts told me that the #1 buck penetrates further and is a better option for SD/HD |
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[#30]
Quoted:
No...sorry to disappoint.....not trolling at all. I am sure I did a few things wrong. But I learn....and am learning. It is also easy to sit back on a keyboard and critique when you have never faced that situation other than on an xbox game. Definitely shocked by some of the responses...the best was....picture of my wife...that made me laugh. I live in southern Illinois. I know Illinois laws as my family is in law enforcement. All the training in the world does not prepare....which is why even police commit bad shoots at times even with all their training. In our CCW class, .....warning shots can land you in jail. Because the DA will view that as you not feeling your life is threatened. We were specifically taught that the only time to shoot is if you feel immediate danger to life. In fact, in Illinois, my wife has far more justification shooting somebody in the house than I do. It pretty much all goes back to state of mind here. It's the law. View Quote Don't sweat it. Post count & Join date ! don't mean squat! A lot of members here are legends in there own mind. |
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[#32]
So. Many. Terrible. Choices.
You see 3 men causing trouble in your lawn. Are they posing an immediate threat to you? No? Call the police. Grab your shotgun if you want. (By the way, you may want to practice with that shotgun a few times. The fact that it still has only a pistol grip tells me you haven't. Put a stock on it, for precision and control.) STAY PUT. If you would have just called the police, and wait for them to show up, they could have likely blocked off the escape routes of all three men, and taken them all to jail. Your actions left you outnumbered, possibly outgunned, with an unarmed wife walking in to a potentially very deadly scenario. You ANNOUNCED your own presence before your weapon was even loaded (and when it was, you were already one short of full capacity in an already low-capacity weapon), and by announcing your presence, aided in their escape. You keep claiming you know the laws, this that and the other, about confronting people on your property in Illinois, yet that's EXACTLY what you did. You're EXTREMELY lucky those three fellows chose to run instead of fight. Stay in your room, train a (loaded) weapon on the bedroom door, and wait for the police. Also, please load your weapons to capacity. That "jacking a shell in" nonsense is gun-store bs that leaves you with less ammo and announces your location. Consider this a learning experience. |
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[#33]
Quoted: So. Many. Terrible. Choices. You see 3 men causing trouble in your lawn. Are they posing an immediate threat to you? No? Call the police. Grab your shotgun if you want. (By the way, you may want to practice with that shotgun a few times. The fact that it still has only a pistol grip tells me you haven't. Put a stock on it, for precision and control.) STAY PUT. If you would have just called the police, and wait for them to show up, they could have likely blocked off the escape routes of all three men, and taken them all to jail. Your actions left you outnumbered, possibly outgunned, with an unarmed wife walking in to a potentially very deadly scenario. You ANNOUNCED your own presence before your weapon was even loaded (and when it was, you were already one short of full capacity in an already low-capacity weapon), and by announcing your presence, aided in their escape. You keep claiming you know the laws, this that and the other, about confronting people on your property in Illinois, yet that's EXACTLY what you did. You're EXTREMELY lucky those three fellows chose to run instead of fight. Stay in your room, train a (loaded) weapon on the bedroom door, and wait for the police. Also, please load your weapons to capacity. That "jacking a shell in" nonsense is gun-store bs that leaves you with less ammo and announces your location. Consider this a learning experience. View Quote |
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[#34]
Quoted:
Come on hes trolling. No one here is that silly. View Quote View All Quotes View All Quotes Quoted:
Quoted:
So. Many. Terrible. Choices. You see 3 men causing trouble in your lawn. Are they posing an immediate threat to you? No? Call the police. Grab your shotgun if you want. (By the way, you may want to practice with that shotgun a few times. The fact that it still has only a pistol grip tells me you haven't. Put a stock on it, for precision and control.) STAY PUT. If you would have just called the police, and wait for them to show up, they could have likely blocked off the escape routes of all three men, and taken them all to jail. Your actions left you outnumbered, possibly outgunned, with an unarmed wife walking in to a potentially very deadly scenario. You ANNOUNCED your own presence before your weapon was even loaded (and when it was, you were already one short of full capacity in an already low-capacity weapon), and by announcing your presence, aided in their escape. You keep claiming you know the laws, this that and the other, about confronting people on your property in Illinois, yet that's EXACTLY what you did. You're EXTREMELY lucky those three fellows chose to run instead of fight. Stay in your room, train a (loaded) weapon on the bedroom door, and wait for the police. Also, please load your weapons to capacity. That "jacking a shell in" nonsense is gun-store bs that leaves you with less ammo and announces your location. Consider this a learning experience. Talk to my brother-in-law. |
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[#35]
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[#36]
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[#37]
Quoted:
The reality is that many gun owners do not understand the laws governing use of force... more importantly most do not understand how to control a situation. Get schooled, practice, discuss it with professionals (real professionals) constantly, then pray to God that you're never in a situation, cause it will likely change your life forever. View Quote All completely true. And the problem is people like the OP think they are competent, don't listen to criticisms, get defensive and don't get the training they need to survive. Many here have expressed shock and amazement at the OPs story, and he does not understand why. Male ego? Shame? Does it really matter when he takes no positive action for himself and his family? He and his wife need professional instruction and a lot of practice. Will that happen? I'm guessing no, but I'm a cynic. The next time he will either do things right, or they will be another horror story to entertain the ghouls. |
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[#38]
Edited.
OP, you obviously didn't and don't know the law based on what is reported here. Your home is filled with walls, protection, doors to be locked, and objects to be used for defense, not to mention your extra ammo to reload. Not sure what part of being in the dark is tactical. First shot muzzle flash will give you away. Skip the BS about the pump slide. Get a laser if you want intimidation. No one likes a laser on them. Don't leave your children inside. Derp. Call the police sooner. Get motion lights and a dog. |
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[#39]
OP you should be ashamed for putting your wife in harms way.
It's one thing to get yourself killed... |
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[#40]
First thing you can do is get some #1 buckshot or larger for your shotgun. Then fire some with that pistol grip and you may find a stock is a better choice. I had a pistol grip on a shotgun a long time ago and it sucked to shoot. There are a lot more things you can work on but those two are a good start besides not going outside next time.
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[#41]
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