Recent world events show that your personal defense is more important than ever. I have seen some very wicked acts recently. If we rewind to world events, families lives were turned upside down by terrorists. In another set of events closer to me I have seen several armed home invasions.
I am not an attorney and this is not legal advice. This should only be used as a guideline and you could seek competent counsel in your local area by an attorney who not only knows the codification of law but also the case law surrounding it.
No matter how close the police are, it will be minutes before they arrive and only seconds that you have to respond. In one recent case armed thugs attempted to kick down a door of a home. The thugs yelled “Police” and began kicking in the door. The homeowners dog woke them to sound the alarm. The home owner then fired shots at the thugs, causing them to leave. Had this homeowner not been armed, the story would be completely different and likely the home owner would be dead. I also recently saw almost an identical case in which the same set of events happened.
Was the home owner justified in firing shots? Did the homeowners firearm or use of a firearm deter the crime? The best shooting is the one that never happens! If you can avoid it, likely you should. In some cases this is just not possible.
In the state I live in the laws are similar in many other states. So let’s look at some general defensive concepts. While we do not have a Castle Doctrine you may use force under some conditions.
First, was the use of defensive force is reasonable, necessary and proportionate in response. In other words, would a reasonable person in the exact circumstances, knowing the information you know would do the same thing. This concept is called The Reasonable Man Doctrine.
Some things to think about in proportion:
- Was the subject armed with a firearm or deadly weapon?
- Was the person significantly larger than you and would cause imminent harm?
As an example a 300 lb man vs 98lb woman for example is condition that a display or use of a firearm might be considered proportionate given that the aggressor is larger and likely stronger.
Next how does the codified law define use of force? The use, attempt, or offer to use force upon or toward the person of another is lawful in the following cases:
Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
A Homicide is also justifiable when committed either:
- In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or
- In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
So when force is used, in this case pointing a firearm at someone is a use of force, firing a firearm is also a use of force. So is that proportional, reasonable and necessary in the situation when someone is trying to break down your door and is armed?
There were three intruders, all armed with firearms, kicking in the door. The homeowner was alerted by their dog of the break in, obtained their firearm and as the door was kicked open shot at the intruders. In this case, given that the home owner was defending his or her real property, themselves and family members inside this likely would be justified use of force. Since the intruders were all armed, forcing there way in the response was proportionate, reasonable and necessary. Had any of the intruders died it likely would have been a justified homicide.
Finally, one additional thing to think about. If their had been a bystander on the street the homeowner could have been in major trouble if one of his rounds missed and hit that bystander. This is why you must know your target and what is beyond it even in a defensive shooting.
–Castle
