Legal Question > AR Discussions

Posted: 4/6/2006 11:10:17 AM EDT

Ok, here is a question that I have always wondered but didn't know who to ask.

I live in an apartment building. If someone tries to break into my apartment, and I shot him, but the bullets went through (VERY THIN) dry walls in the complex and hit someone. What would happen to me?

It would be nice to see a case ruling on a similar case..... Any ideas?

Posted: 4/6/2006 11:14:59 AM EDT

[#1]

I would think that if a DA concluded that it was a "good" shoot, i.e. that you were within your rights to protect yourself, that your life was in danger (or that you reasonably believed it was), and that you made a reasonable effort to be safe (i.e. not shooting wildly in all directions,

... then I'd hope that the intruder would be responsible for the consequences of his illegal entry - including harm to an unrelated third party as the result of events he set in motion.

But I'm really just guessing - and curious what others will respond.

As an aside - this may be more of a matter for the legal forum, or General Discussion, not the AR-specific forum.

Posted: 4/6/2006 11:21:01 AM EDT

[#2]

You could easily spend the next several years and many hundreds of thousands of dollars in civil suit in an attempt to defend yourself. Better to just use a firearm that doesn't "go through" the paper-thin walls which you describe.

Posted: 4/6/2006 11:25:09 AM EDT

[#3]

Probably not criminally liable, as long as you were justified in shooting, but you would answer for it in civil court.

Posted: 4/6/2006 11:42:25 AM EDT

[#4]

I you use hollow points, the round will not go far after entering a "wet media"...Just don't miss.

Posted: 4/6/2006 12:19:32 PM EDT

[#5]

Quoted:
... Better to just use a firearm that doesn't "go through" the paper-thin walls which you describe.

Please tell us about this magical firearm that can't go through paper thin walls, but be able to stop an intruder?

Best you can hope to do is to MINIMIZE the amount of dammage a round will do after passing through walls. The answer to that question can be found in the Ammo Oracle and back issues of the IWBA Journal.

FYI to the subject matter of the thread. If it's a good shoot you should be free from criminal prosecution. There is case law on this (IIRC in PA). You should ask this in the Tactics & Training Forum on this site, as PeteG covers similar cases in his 'Legal Considerations in the Use of Force' lecture during FIRE Institutes basic classes.

Posted: 4/6/2006 1:28:07 PM EDT

[#6]

Quoted:
Quoted:
... Better to just use a firearm that doesn't "go through" the paper-thin walls which you describe.

Please tell us about this magical firearm that can't go through paper thin walls, but be able to stop an intruder?

Best you can hope to do is to MINIMIZE the amount of dammage a round will do after passing through walls. The answer to that question can be found in the Ammo Oracle and back issues of the IWBA Journal.

FYI to the subject matter of the thread. If it's a good shoot you should be free from criminal prosecution. There is case law on this (IIRC in PA). You should ask this in the Tactics & Training Forum on this site, as PeteG covers similar cases in his 'Legal Considerations in the Use of Force' lecture during FIRE Institutes basic classes.

Thanks for the info, sorry for posting this in the wrong section

Posted: 4/6/2006 1:59:09 PM EDT

[#7]

Quoted:
Probably not criminally liable, as long as you were justified in shooting, but you would answer for it in civil court.

Combat Jack is right.... these are the operative words. It's all about "deep pockets" with a civil suit, they will go after anyone and everyone.

"Ladies and Gentlemen.... he had ASSAULT WEAPONS, a hair trigger, and stockpiled ammo.", I can just hear it now.....

Posted: 4/6/2006 2:12:27 PM EDT

[#8]

you'll get sued in civ court, I shot a dude and it was ruled a good shoot but the sob said he was going to sue, and state farm folded and gave him alot of money, I refuse to have state farm to this day

Posted: 4/6/2006 3:55:26 PM EDT

[#9]

Quoted:
you'll get sued in civ court, I shot a dude and it was ruled a good shoot but the sob said he was going to sue, and state farm folded and gave him alot of money, I refuse to have state farm to this day

Can you give me a little more detail. Did he attacked you and you shot him, or was it someone else attacking you and you just so happne to hit the dude? What happened?

Posted: 4/6/2006 3:57:48 PM EDT

[#10]

Do you have a dog? If so I'd say bye bye to it when the popo come to get you.

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