When is deadly force justified during a home invasion?

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HappyHunting

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Short run-down: In my college student cottage community http://retreatalabama.com/ there have been at least 1-2 burglaries a week that get reported since high school let out for the summer. Two last week involved the stealing of at least one firearm. To clarify, this cottage community has about 250-300 students ages 19-23 living in it between August and May and it's about 150 now in the summer. It has 7 foot chainlink fences topped with 3 strands of 45 degree outward facing barb wire surrounding it, and the entrance must be garage-style opened from about 6' from the receiver.

The fences come in to play because it is in a bad neighborhood, as in really bad. Not to profile, but it is very easy to tell the difference in a 19-23 year old college student who is paying minimum $550/mo + tuition and a group of 16 year olds in standard hood gear who jumped the fence and are roaming around with backpacks. Larceny was never a problem here when regular classes are in session. They have only occurred this summer and over Christmas and spring break when residents are less likely to be in Tuscaloosa and locals are more likely to be idle. Fortunately, every time a theft of property has taken place nobody has been home. It started out cars, but it appears they have graduated to houses. I think by the law of percentages someone will be home sooner or later.

I got my first taste of how it could happen to me any time at around 4 o'clock today. I was standing on the back porch watering a potted plant as my girlfriend and roommate are walking from the front to the back of the house to see the new chains that the staff put on a back gate and I hear them say "there's a group of black guys walking up around the front". Normally this wouldn't cause panic but the Tuscaloosa Police Department had come up at 10 pm on Friday night to tell a group of us that there had been a string of burglaries and that they involved guns. He added that if we see anything out of the ordinary to call them immediately.

After my crew got inside, I lightning-fast locked the door as one of the teens made eye contact with me through the window over the door. Between 5 and 6 high-school aged people walked less than 4 feet from my doorstep and between my house and my neighbors house, which is not a typical path as the only thing behind me is a fence and the woods. Then they all walked to one spot in the barb wire about 20 yards from my back porch over a small gate where the barb wire is vertical instead of slanted and jumped it one at a time. They proceeded through the woods and walked along the train tracks and back to where they came from.

My friend called the office and apparently their presence had already brought the attention of the police and they were told to leave and if they come back they'll all be arrested. First of all I think he should have escorted them out through the front gate. Second of all, I'm glad I have other security measures if the SHTF.

I live in a downstairs bedroom and will be at maximum 25 yards from the point of entry so my options are severely limited if I hear windows smashing at 4 am. I just treated myself to a Combat Commander and furnished it with some Hornady Critical Defense. I can get it out of its locked safe in about 4 seconds in the dark. I wanted some input on how to handle that situation because it really could happen at any time. Also consider yourself to be a 21 year old who has no idea what it would be like to fire a shot(or several) in fear.

It's a terrible thing to imagine that 6 armed and agile teenagers might very well break into your house when you are home. At what point would I be lawfully justified in using my weapon? Is it something that you intrinsically "know"? Please, any help would be appreciated.

--Side question: Would the officer who told them to leave the premises have reasonable suspicion to search their backpacks given the recent burglaries and their status as trespassers?--.
 
I would say whenever you can look a judge in the eye and say " I felt my well being was in danger and I protected myself".
 
as soon as you fear for your safety or the safety of the other people who live in your house.

I just treated myself to a Combat Commander and furnished it with some Hornady Critical Defense. I can get it out of its locked safe in about 4 seconds in the dark.

personally, i would not keep the gun locked in the safe at night. i would keep it on the nightstand or very close by, but easily accessable. if you wake up at 4am to the sound of breaking glass or a door being kicked in your adrenaline is going to be pumping, your fine motor skills will be impaired and that is not the time to have to unlock a safe, even one with a keypad. just a suggestion, take it for what you paid for it.
 
Every state has different laws concerning when deadly force can be used.
Most say in one form or another that a person must be in fear of deadly force or serious bodily injury to themselves or another person before they can use deadly force. If someone has kicked in your door or broken a window and is on their way inside your residence that is a pretty good sign that you are in serious danger. It helps if they are in possession of a weapon or there is more than one suspect present but if you maintain you were in fear for your life that is most likely going to keep you from being arrested if you shoot someone and will likely keep the district attorney/prosecuter from seeking any criminal charges against you.

The fact that you have been warned about the number of burglarlies in your area will not protect you from prosecution on that evidence alone. You MUST be if fear for your life/safety and substantial steps taken by a person to cause that fear before you use deadly force against them. Most states do not recognize the protection of property as justification for using deadly force. You would need to check that issue with your local law enforcement.

As far as the officer checking the packs of the teen agers before sending them off of the property is concerned, there are a lot of gray areas. Trespassing alone would not be justification for a search. There would have to be probable cause to warrant as search. The officer would need sufficient belief that they were the ones that committed those burglaries, discriptions, visible burglary tools, evidence of some kind, etc, etc, before he could search them. The only other way to search them would be if the officer arrested them for tresspassing and made a custody arrest. Being minors most states would not have allowed a custody arrest, just a citation to appear and that does not warrant a search. Another possible scenario is if the officer saw something that suggested a weapon and he could search them for his own safety. Like I said, this is a very gray area, especially when you are dealing with juveniles and I don't know the context of the officers contact with them.

Perhaps others on this site will have more information about the laws of your particular state.
 
As long as you're not the one performing the home invasion, you're good to go.

This is one of the better things Texas has passed recently; any attempt at entry by force and without effective consent invokes a presumption that your fear that the other will use or attempt to use unlawful deadly force against you, or will commit or attempt to commit "aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery" is reasonable. As soon as they start the attempt, you're in the clear.

I do, however, wonder if you have to actually pick something from the above list, or if you can just say "I don't know what he was planning, but I did reasonably believe he would do something that would qualify."
 
Since you're in student housing, take care that you know your backstop when shooting.

As for when to shoot, you aren't allowed to fire in the direction of breaking glass - you'll have to positively ID your target before opening up. So chances are, you won't have a lot of time. Can you secure your door from that of the main apartment?
 
In California forcibly entering an occupied dwelling constitutes a presumption of fear for your life when deadly force is used.
 
It's a terrible thing to imagine that 6 armed and agile teenagers might very well break into your house when you are home. At what point would I be lawfully justified in using my weapon? Is it something that you intrinsically "know"? Please, any help would be appreciated.
It depends upon the laws in your state.
Find them and read them carefully.

--Side question: Would the officer who told them to leave the premises have reasonable suspicion to search their backpacks given the recent burglaries and their status as trespassers?--.
I would think so.
 
In Michigan if you home invade or attack me on the street ( where I have a legal right to be ) you are fair game.
If you steel my car ( sitting in my driveway or garage ) or steal things from my garage--
According to law---if I attack you I am the bad guy. I don't like it at all---I want the right to stop you if possible !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! any way possible !!!!!!!!!!!!!!!!

I guess they don't want all those teenagers full of holes....................
 
I recommend opening the safe when you are home and tossing your house/car keys inside. This gives you quick access and reminds you to lock up the safe when you leave.
 
If you steel my car ( sitting in my driveway or garage ) or steal things from my garage--
According to law---if I attack you I am the bad guy. I don't like it at all---I want the right to stop you if possible !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! any way possible !!!!!!!!!!!!!!!!

I guess they don't want all those teenagers full of holes....................

The law is encoding this "crazy" idea that human life is more valuable than inanimate objects.
 
I recommend opening the safe when you are home and tossing your house/car keys inside. This gives you quick access and reminds you to lock up the safe when you leave.

Screw the safe. It's the first thing they'll rip out and steal when you're not home.

Sleep with your Commander cocked and locked under your pillow with a spare mag. Seriously, that's the only reasonable place to keep such a nice pistol handy. Then, if you don't have a permit to carry, lock it in your car trunk during the day.

As to when to shoot an intruder, as soon as he enters the home, right after you holler a warning if it makes you feel better. And presume he's armed and accompanied by five other little gang-bangers.
 
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locked safe in about 4 seconds in the dark

i'd like to address this 1st---as a SD instructor, and to those who can afford one, i teach the Browning High Power. under the bed in a container (even a shoe box) is a flash, a loaded hi-cap mag and the BHP with slide locked back. learn to roll out of bed, insert mag, drop the slide and pick up the flash.

learn to direct the flash w/ weak hand and gun w/ other. i am very against rail mounted flash's cause you are illuminating what the gun is pointed at---and that could be your toddler!!

radio shack can sell you some devices such that you can from the bedroom turn on selected lights in the house. arraigned it such that you back light rooms as you approach them. the wife ( or SO) controls this from the headboard . she also will have a 20 gauge pump between matress and box spring.

as for when to use a gun: if someone uninvited lets themselves into my house.......if back lighting does not scare them off than it becomes a: can you identify how many their are?can you see their hands? the permeations are many and i will give them every chance to disengage that they will allow me.

the last thing you want to do is shot someone.
but i train cause it may be the 1st thing i must do.

additionally,I train with e-muffs. A good pair of stero muffs and practice off the range so you get to know how real world sound are amplified by them. It is this amplification more than my hearing protection which is why i like them. I am able to hear conversations all about my multi level home with them. And the perps will be thinking that their quiet talking goes unheard by the homeowner---they are wrong.
 
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Thanks for the replies all, yes I do have my CCW but am rather limited on where I can carry due to University policy. I also don't like to leave it in the car for any extended period of time, and can't even have it in the car on campus which is where I generally am going.

The safe is something I am adamant about keeping, because however experienced and comfortable I may be with guns, others that may be guests in my house may not be (It is college after all where everyone is a bada$$). I may be out having a beer so I can't have it with me or in the car, or I may be on campus where I can't have it with me or in the car, in which case I need to know that it is safe where friends of friends won't be tempted to pick it up. What I will start to do is take it out of the safe and put it on/in my nightstand when I turn in for the night.

So basically what I am gathering is that if I fear for my safety during a home invasion I will generally be in the clear to defend myself. Thankfully, the law is still on the side of the lawful gun owner in Alabama.

The only reason I would not be in the clear is if I give chase to a fleeing criminal, who now becomes a victim with me as an aggressor, most likely to later be charged with second degree manslaughter.
 
HH,

The safe is a good idea, keep it. When your pistol is not under your direct control, it needs to be secured.

As far as what to do in a home invasion, take a look at http://www.nrainstructors.org/CourseCatalog.aspx , specifically the NRA Basic Personal Protection In The Home Course. There's a "Find A Course" locator at the site, so you can find out if there's a class available near you. It'll be worth your while, if you can manage. The legal portion of the class should address any concerns you have over what you can and cannot legally do in self defense.

As far as the pistol itself is concerned, get yourself some basic pistol training, if you haven't already. A good class will teach you some basics about shooting under pressure, and do wonders for your confidence.

All that said, you need a working familiarity with the laws that regulate your actions in self defense- there is no substitute for that. I don't live in AL any more and haven't kept up, but there have been some significant changes in the law there since I left- see the article below for an example.

Study hard and Stay Safe,

lpl (U of A alum, 1974 and 1975)
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http://www.wtvy.com/home/headlines/2915836.html

Posted: 6:13 PM Jun 1, 2006
Local Reaction to New Self-defense Law in Alabama

A new Alabama law went into effect today, giving citizen’s greater legal safeguard if they choose to protect themselves rather than flee an intruder.
Reporter: Rayne McKenzie

A new Alabama law went into effect today, giving citizen’s greater legal safeguard if they choose to protect themselves rather than flee an intruder.

The bill was passed to enhance a citizens' right to self-defense.

Governor Riley signed the self defense law in April. The new legislation is designed to shield those who use deadly force in self-defense from criminal prosecution or civil action.

Dothan Police Chief John Powell said, "People in Alabama were concerned about intruders about welfare and wanted to make sure they were protected if they had to use deadly force."

The new law also allows both homeowners and vehicle occupants to defend themselves, rather than retreat when faced with an intruder. Most Dothan residents agree that the bill offers needed protection to law abiding citizens.

"People need to be able to protect themselves without being prosecuted and same with car jacking, they deserve to be shot," said Jim Sisk.

"If it means taking their lives, then I will but my children are my first priority," said Revonda Sawyer.

Dothan Police think the new law may slightly decrease the amount of violence in the city.

"It helps them and goes against the bad guys, it can e used against them and hopefully it will lower the violence," said Chief Powell

The law does not permit the use of deadly force against those who have a right to be in a house or against law enforcement officers carrying out their duties

Alabama is one of 11 states that have passed similar laws.
 
My advice is to get a copy of Massad Ayoob's classic book: In The Gravest Extreme. It will help mentally prepare you for that scenario.

Since you have to keep the safe, I suggest you practice opening that safe and retrieving the pistol over and over again in the dark. Seriously, practice every night before you go to sleep. It needs to become automatic. When the time comes that you need it for real your hands will be shaking, you may be fighting to control your own emotions and stay focused. If your mind goes blank, your body will resort to what it has been trained to do. Practice drills can save your life.
 
California law states that a homeowner can presume the intention to cause deadly harm should his/her dwelling be forcibly entered.

However, the law is somewhat iffy in my opinion. After all, this is California.

Personally, I advise the following steps when hearing glass shatter in your house:

- Rouse yourself: you must be able to go from not 100% functional (sleepy, tired, etc.) to 120% functional (once the adrenaline kicks in) within thirty seconds.
- Locate your weapon: preferably a handgun or shotgun with a weapon light attached. Preferably already loaded with a round in the chamber.
- Secure your family: quickly run through your head and figure out where each member of your family is at this time. Personally, I live alone, so at most it would involve me telling a companion that she should stay in bed and stay quiet.
- Locate the intruder(s): based on audio or visual cues, hone in on the intruders. If a precise location is not possible, isolate them to a section of the house.
- Assess your targets: If you are not in immediate danger, pause for a moment and watch/listen. How many intruders are present? What weapons are they carrying? What is their possible motive (chances are they will talk amongst themselves)?
- Assess your targets: If you are in immediate danger (having been spotted by the intruder(s) and they are closing in on you), quickly ID the target(s).
- Engage: If the intruder is moving in on you with a weapon visible, engage immediately. Then quickly sweep your surroundings to acquire a second target if necessary. If you surprise the intruder(s), order them to drop their weapons and get their knees with hands in the air. Then phone the police.
 
INAL and I dont play one on TV. BUT castle doctrine is spreading fast which eliminates a lot of these issues. But if there are six people forcibly entering your house then it would be hard to say they were NOT a threat to your life. I mean if you really think about it 6 on 1 makes it pretty hard to win even if your chuck norris. (but of course Chuck would still win with a roundhouse)
 
And to add, providing that you are able to secure the intruder(s) and have them disarmed and prostrate at gunpoint, do not think the danger to be over. Contact the police, but never let your prisoner(s) out of sight or your weapon stray. If they lay obediently, all the best. If they resist (attempting to attack you as the police nears), engage to defend yourself. If they choose to run, let them. I personally will not attempt to gun down an unarmed man who is fleeing me. I have protected myself and my immediate other, catching the perpetrator is the duty of the police.

If the responding officers arrive to find you with a weapon in hand, they will place you at gunpoint and attempt to take you into custody. Make sure that you are out of the perpetrator(s)'s immediate range when you comply with their order to disarm. Keep your hands in plain view, safety your weapon, slowly place it on the ground, and back away from it. After that, let the legal system take its course.

If you had actually shot and killed your assailants(s), be prepared for a long acquittal and brace for a civil suit.

Remember, no one will think of you as heroic save for yourself and those you may have protected. Therefore, be thankful that you remain alive after the encounter.
 
There's some good advice on this thread. I'll add: get renter's insurance.

If your home is targeted for burglary, it's likely that you won't be home at the time. Your stuff will be gone. The insurance will replace whatever's taken.

So: get insured. It's a quick process and relatively cheap. Then take photos / video of all your stuff. Record serial numbers and keep receipts (and keep these records either at your parents' home, or stored online). Don't buy *really* nice things, or if you do, store them offsite.

Regarding at-home security: get an alarm system. If you can't afford or don't want to bother with an installed, monitored system, then get a set of inexpensive motion detectors / glass break sensors. For less than $50 you'll have equipment that will detect a break-in and emit a god-awful siren noise. Given the close proximity of neighbors, someone will call the cops. And if you're home at the time, sleeping, the alarms will alert you to danger.

Regarding the gun: don't sleep with a cocked and locked gun under your pillow. Instead, keep it in an unzipped pistol pouch on your nightstand. It's ready to go when you need it, but you don't risk an AD during a nightmare. When you're away, either conceal the pistol (put the pouch in a cereal box/otherwise hide it) or secure it in a safe. If you go with a safe, get a huge one--one that can't be carried out of your home and tossed over a fence.
 
Happyhunting,

You pose a question that is as much a matter of morality as it is of legality and tactics.

As a Colorado resident, I'm not directly familiar with the legal side of things in your state. In my state, and many others, the legal side of this equation allows you to use deadly physical force against a home invader, just so long as long as you have a resonable fear that they may try to use ANY force against you or another occupant of your home in the course of committing their crime. In essence, if they break in around here, you are pretty well covered LEGALLY.

As far as the morality is concerned, that is a series of question you need to answer for yourself. Are you psychologically prepared to take the life of another person? Will you have a cleaner conscience if you attempt to hold the person at gun-point until the police arrive (this can flow into a tactics issue, however), or flee from the scene? At what point are you going to feel justified in using deadly force? Will you be okay with shooting someone as soon as they cross the threshold of your door, or only after they continue to advance upon you and threaten your loved-ones? Have you trained enough that you'll be able to overcome your natural fears in this situation, and react quickly and precisely enough to save your life? Only you can answer the slew of ethical questions surrounding a shooting, and they are not entirely exclusive of tactical considerations either. I've known a few people who have shot home invaders in the past (mostly through my professional encounters with them), and while most of these folks are comfortable with their actions, at least one person I've met wishes that they had done anything but shoot the person who entered their home.

On the tactical side of thing (the part I've left until last, but everyone wants to talk about most), there are a number of considerations. First, many burglars like to strike when the residents are not home. This doesn't usually happen by accident, though it can. It sounds as if these potential criminals are traveling in a group, so they certainly might decide to pull a home invasion robbery at some point. Nevertheless, even a criminal realizes that a robbery brings more heat upon them than a burglarly, and gives them a greater chance of being identified (or shot).

A common burglary tactic is to walk right up to the front door and knock. If the homeowner answers the door, they'll just act as if they are selling something, looking for a friend, or trying to get directions. If they continue to knock without getting an answer, many burglars will start to snoop around the house, looking for a place to break in.

Conversely, the home invasion robber will sometimes kick a door to gain entry, but often times knocks on the front door as well. The substantial difference in these crimes is that this criminal is planning to overpower you (either physically or by display of force) as soon as you answer the door.

The tough part when you come into the equation is that you don't know what the person on the other side of the door really intends to do. As you've already explained, you can do a decent job of profiling the people in your neighborhood. College students and street gang members often dress differently, and display vastly different body language. With that in mind, you'll probably already have a gut feeling about the person at your door before you even decide to open the door. If it looks like the girl next door, it probably is. If it looks like a street gang member, it may or may not be, but you ought to be a bit guarded in your response.

Here are a few quick thoughts:

1) You don't need to open the door to these fools if they knock.

2) You can ask the people what they need THROUGH the door, while having someone else dial the police if you believe that they are a threat.

3) You should keep your defensive weapons stored in a way that will allow you to access them quickly if you are suprised by a situation.

4) You should make sure that you are insured, as the burglars (and, statistically speaking, these are probably just burglars) will usually strike when you aren't home to defend your castle!

5) You can call the police to report suspicious activity in your neighborhood. The squeaky wheel gets the grease... Let your local police know about the problem, and keep them informed when you see questionable folks involved in questionable activity on your streets.

6) Ignoring "zombie apocolypse" fantasies, you aren't always facing insurmountable odds just because there are six of the bad guys, and one of you. First, you have the home field advantage. Second, you will almost certainly find that the other bad guys will flee after you shoot (or fire shots at) one or more of their buddies. Next, you may find (as is often the case) that a group of 6 bad guys is actually only sharing one gun, or possibly even carrying a fake gun and relying on the fear that they will instill in their victims. Simply stated, you won't be facing this hypothetical home invasion from a SWAT team, rather you'll be facing this invasion from a bunch of lazy cowards who are too pathetic to do anything meaningful with their lives!
 
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