Posted: 1/6/2009 11:24:44 AM EDT
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If someone breaks into your home does it matter if 1. they dont have a weapon but attack you in effort to take your weapon 2. they have a knife but no firearms and try to stab you 3. they do have a firearm and try to shoot you If it came to it in any of those situation am I in the right to protect my family, would it be legal to shoot to kill in this sutuation? |
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Here is a link to the ATF's website with an excellent synopsis of the Tennessee State Laws on purchase, possession and carrying of Firearms. Its a short (4 pages) PDF thats easy to read. http://www.atf.gov/firearms/statelaws/23rdedition/tennessee.pdf |
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This is a link to the NRA's laws for TN, this is what I thought I posted earlier http://www.nraila.org/statelawpdfs/TNSL.pdf |
| It does not matter if they are armed or not only that they "break the plane" of your home ie. any portion of thier body enters through any opening of your home. The law here presumes if they break in, they intend to do you harm as in the "castle doctrine" and you are justified using deadly force. However, expect at the least a lengthy interrogation and possibly being charged depending in how libtard your local district attorney is. They will probably put your gun into evidence etc. untill the whole thing is cleared up. Just be sure to put it down when the officers arrive so they don't mistake you for the bad guy! |
| As long as you do not shoot them in the back and you stated that you are armed and will shoot if they do not leave you are pretty much good to go as long as they are in your home and you are in fear of your life or the safety of your family you are within 100% of your rights to use lethal force. That's how it was explained to me by a member of the local PD. |
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If you are in your home and a intruder enters into it, they have committed a violent felony, they have also shown intent to continue to commit a violent felony. It is presumed in TN that you are justified in using lethal force to protect you and your family if you are in fear for your life or the lives of your family. If they break into your home and you confront them, their actions should dictate what you do next, don't just shoot them because you can. If you are holed up in your bedroom with your family and they decide to come there, well you already know what you should do.
Shooting someone in the back doesn't necessarily mean good or bad, we have learned over the years that action and reaction times plays into the incident. You do not have to tell them you are armed and will use force. No where in the law does it state that you must tell the criminal what you are going to do, its their fault that they put you into a self defense situation to begin with. So, to answer your question, yes you can. But let your fear and want to protect your family guide you, as well as your personal morals. |
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Quoted:
If someone breaks into your home does it matter if 1. they dont have a weapon but attack you in effort to take your weapon the luxury of always knowing that isn't your problem and if they try to take yours obviously its now self defense 2. they have a knife but no firearms and try to stab you knives can be deadly weapons too 3. they do have a firearm and try to shoot you i think you're covered on this one too If it came to it in any of those situation am I in the right to protect my family, would it be legal to shoot to kill in this sutuation? They made the decision to illegally enter your home (or anywhere else deemed your "Castle") - You are well within your rights to defend yourself in the situations posted Quoted:
As long as you do not shoot them in the back and you stated that you are armed and will shoot if they do not leave you are pretty much good to go as long as they are in your home and you are in fear of your life or the safety of your family you are within 100% of your rights to use lethal force. That's how it was explained to me by a member of the local PD.  I haven't read that anywhere, and honestly thats just wrong
IIRC there is no need to announce you will defend yourself, retreat or anything like that. Not shooting someone in the back after they break in is kinda silly too. THEY BROKE IN! IF that were the case, every perp who attempted a home invasion would immediately face their back to you after they knocked down your front door so you couldnt shoot without hitting them in the back. see links posted |
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"As long as you do not shoot them in the back..."
I think thats not necessarily true. While it may look bad I think you could mount a successful defense. I've read at least one case in which the home ownwer fired at about the same time as the criminal was turning. (Just b/c hes turning doesn't mean he's retreating or that he's stopped being a threat.) Anyway, the defense attorney tried to paint the picture that his client was just trying to escape and the bad home owner shot him (in the back). The prosecution argued successfully based on the criminals past record that he was just going for cover to continue the fight. Also seem to recall a general set of cases in which the confrontation played out so fast that the criminal wound up getting shot in the back b/c the turning and shooting coincided...a matter of bad timing. In those cases the police or home owner was exhonorated. ETA: Have to agree w/ Uncle. OTOH you can put your questions to 10 lawyers and get 15 different answers.  Law is certainly not cut and dry. In your scenario (someone uninvited in my house esp after dark) I would consider them a threat until they left my premises....and I'd act accordingly. Keep in mind theres a continuum of force that comes into play as well.
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| This is a lenghty video (27min) that some, or all, might have seen. Very informative, possibly controversial. Don't talk to the police Video courtsey of legallyarmed.com. I would like to see what a cops response is to this. |
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Quoted:
If someone breaks into your home does it matter if 1. they dont have a weapon but attack you in effort to take your weapon 2. they have a knife but no firearms and try to stab you 3. they do have a firearm and try to shoot you If it came to it in any of those situation am I in the right to protect my family, would it be legal to shoot to kill in this sutuation? It's nice to know the legalities of things, but you don't need to let the details bog you down when you are under pressure and making a decision. "Am I in the right" or "is it legal to shoot to kill" are not things you should have to stop and consider. The only thing you need to keep in mind is this; If you (or family members, etc) are facing a real threat, then you do whatever you need to do to stop that threat. That way you'll still be alive later to deal with the consequences, which is better than some of the alternatives. |
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Quoted:
That ink doesnt work for me...did poke around legally armed and didnt find it. Yeah, i'm not sure why it doesnt work. Don't talk to the Police If this one doesn't work, just go to legallyarmed.com and click on the "Don't talk to the police" link. |
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Quoted:
If it came to it in any of those situation am I in the right to protect my family, would it be legal to shoot to kill in this sutuation? By & large, TN residents have no real legal worries about shooting a home invader/burglar. Obviously the biggest issue will be WHERE the perp was when they were shot, i.e. inside or outside the home. As long as they're inside/partially inside/attempting to get inside, there shouldn't be any issues. Shooting one as he/she is running away is another FUBAR entirely. Speaking from personal experience, THE best thing to tell the po-po is: "I was in FEAR of my life & in FEAR of my family's safety." Not a DA in the state would touch that with a 10 foot pole, IMO. My .o2 |
| +1. I'm a Memphis cop. If shithead comes in your home, crank off as many rounds as you possibly can. Shoot to kill, period. A couple of shots or a double tap may show "presence of mind" where an empty mag might show "scared shitless". I've made the scene of a couple over the years and the victim (not the dead thug) didn't have any problems. |