| Twin Cities Carry Forum Archive http://twincitiescarry.com/forum/ |
|
| Defensive shooting in a driveway? http://twincitiescarry.com/forum/viewtopic.php?f=2&t=74 |
Page 1 of 1 |
| Author: | Lobotomy Boy [ Fri Aug 19, 2005 12:38 pm ] |
| Post subject: | Defensive shooting in a driveway? |
In a post under "Stupid Stuff," Joel mentions what a bad idea it would be to drag a body inside your house after a defensive shooting. I've wondered about a situation like this. Imagine that you hear some noise in your garage or driveway in the middle of the night. Thinking you might have a raccoon in your trash or some such thing, perhaps even a black bear, you grab your shotgun and go outside to check out the noise. Instead of a critter you are confronted with an armed robber. He draws on you and you ventilate him with double-ought buck. Is this a legitimate defense situation? Would the prosecution say that you should have called the cops? Are you expected to call the cops every time a critter starts messing with your trash can? |
|
| Author: | sigman [ Fri Aug 19, 2005 12:50 pm ] |
| Post subject: | |
I don't see how you could be considered a willing participant if you didn't know he was there. However, I may not be on your jury. |
|
| Author: | Brewman [ Fri Aug 19, 2005 1:15 pm ] |
| Post subject: | |
IIRC it's allowed even in Minnesota to use lethal force to prevent a felony in your own home. In your scenario, the bad guy's committed a couple. And I assume this is on my own property. That said, my main focus is to stay alive. If someone on my property, or anywhere else for that matter, drew a gun on me, hopefully I'd get them before they got me. You have duty to retreat, if it can be done safely. You can't outrun a bullet, so I'd say you have that one covered. You have a high probability of suffering grave bodily harm or death. Unquestionably, you didn't instigate this situation. So I'd have a hard time believing this a case where lethal force wouldn't be indicated. But who's going to worry about what a jury thinks in a situation like this? If you want to stay alive, you do what you have to do, and let things pan out from there. |
|
| Author: | ttousi [ Fri Aug 19, 2005 1:29 pm ] |
| Post subject: | Driveway |
In your scenario you are the "innocent victim of an attack", You are not protecting "property or animals" but rather yourself. "retreat" doesn't seemplausible......looks like you would meet the criteria of self defense. Again, I'd rather be trying to persuade a jury than be pushing up daisies. |
|
| Author: | Bartleby [ Fri Aug 19, 2005 2:16 pm ] |
| Post subject: | |
If I were on the Jury, whatever the law said, if I believed your description, I'd never convict you. Bartleby |
|
| Author: | Airborne [ Fri Aug 19, 2005 2:27 pm ] |
| Post subject: | The standard |
The required standard for the use of lethal force is you had to fear for your life, or the life of another. The unspoken part is that it had to be a reasonable fear. In my mind the instant you realized that the interloper was armed, you were justified. For another it might only be when he drew down on you. Someone else might require you to be fired upon to justify your action. Thank our forefathers that it takes the whole jury to put you away. |
|
| Author: | Lobotomy Boy [ Fri Aug 19, 2005 3:52 pm ] |
| Post subject: | |
Thanks for the feedback. I actually had intruders in my driveway at night once. It was probably just kids messing around because they didn't take anything. They just knocked the mirror back on my F150. If I went out and found some unarmed kids, I certainly wouldn't draw on them, much less shoot at them. I have gone out to investigate noises, and it has just been a racoon in my garbage. One night I chased the bugger up a tree and had him trapped. Of course I didn't shoot the critter, though I wish there was something I could do about him. One of my dogs is a pug and a racoon could make short work of him. I worry more about vermin than I do about intruders. I always grab my .12 gauge home defense gun when I investigate noises because I have a crippled foot--if I encountered a rabid racoon or skunk and it attacked me, I'd be up the creek. At that point I'd shoot and not worry about getting in trouble. I'd rather pay a fine for discharging my .12 gauge within city limits than go through a series of rabies shots. I guess I'd try to use the "South Park" defense: "It was coming right at me!" |
|
| Page 1 of 1 | All times are UTC - 6 hours |
| Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group http://www.phpbb.com/ |
|