Washington Catalytic thief pointing gun at house during robbery, what's legal?

[Jay Walk]

A handgun?

Blow out the front window with an AR, doubt anybody is going to lose any sleep over that.

 

[jjfitch]

IMO, this would hold up in court. I am not a lawyer

You're gonna need the $800 an hour Lawyer!

 

[jjfitch]

Glad to see others are asking the question, I've wondered the same.

If I saw that on my security camera, I wouldn't open the front door for risk of being instantly shot as soon as he saw the door start to open.

Would I then be legally justified in shooting him from a place in my home that he wasn't aiming at, such as a second story window?

You're gonna need that $800 an hour attorney!

 

[American123]

Stupid simple. Gun = deadly threat. Bullets go through houses, wood, windows, etc.

Pull out the bedside AR and smoke that tweeker!

 

[DLS]

Deadly force is justified if, among other things, the threat is IMMINENT. A person pointing a firearm in a general area (such as at the front door of a house) does not meet that criteria in my view.

Pointing it at an individual does. The fact that someone MAY be in the line of fire would be a pretty weak plank on which to rest your defense.

You can't use leathal force to protect property, only life or limb!

 

[American123]

Deadly force is justified if, among other things, the threat is IMMINENT. A person pointing a firearm in a general area (such as at the front door of a house) does not meet that criteria in my view.

Pointing it at an individual does. The fact that someone MAY be in the line of fire would be a pretty weak plank on which to rest your defense.

You can't use leathal force to protect property, only life or limb!

So in your view you have to wait for the guy to start shooting bullets into your house before it would be ok?

 

[made in china]

So in your view you have to wait for the guy to start shooting bullets into your house before it would be ok?

Maybe they hit the kids, maybe they don't.

Wait and see

 

[kmk1012]

Hide behind the calming barrels, all is good then.

 

[Andy54Hawken]

Legal or not....good question.
Could you get off a good , safe shot...is another good question.

Followed then by :
Can you afford the legal bills...?

Please note that I am not saying to let people threaten you or steal your stuff....
Just pointing out some other things to consider here .
Andy

 

[American123]

Legal or not....good question.
Could you get off a good , safe shot...is another good question.

Followed then by :
Can you afford the legal bills...?

Please note that I am not saying to let people threaten you or steal your stuff....
Just pointing out some other things to consider here .
Andy

Seems pretty simple from a legal standpoint. If the guy didn't have the gun pointed at the house and you popped 'em, it's murder according to the law. Guy pointing gun at the house is imminent deadly threat to anyone in the house. He effectively smoked himself by pointing the gun at the house. He loses the gun, he could do that all night without any serious problems with the law that protects him more than the car owner.

 

[Gunner3456]

There are a lot of liberal judges so be sure you don't shoot the Prius.

 

[Tony617]

I have Ring camera now so it gives access to all kinds of videos via Neighbor on my smart phone. A fair number of porch pirates out there and also some break ins captured by the Ring door bell. I am still working from home and so if I know I won't be home then I redirect and that package held. The only time I don't have a choice is when it deliver by the USPS instead. But if you have Amazon.com packages and your may not be home you can used an Amazon.com locker instead. I have done that a lot when I was driving into work but I am still working from home. Also Amazon.com delivers really early sometimes and I get my delivery at 7:15AM sometimes.

 

[nwslopoke]

It would be interesting to get a legal opinion on this. Would it be legal to pick off an armed trespasser who is pointing a gun at you? Do they have to fire a shot at you first, or is criminal menacing enough?

Depends on the state. The McCluskys had a rough go and they are lawyers.

 

[gmerkt]

Bringing, much less using, firearms, in the course of stealing car parts. A sad commentary on America, indeed. The use of firearms in the commission of a crime usually has a multplying factor in a conviction. Yet these cruds rightfully believe that they have a low probability of being brought to justice. So their willingness to use firearms greatly elevates the risk inherent in the situation.

 

[asiparks]

I wouldn't roll the dice on this one- how imminent is imminent when you're indoors- If I open the door, then yes, it's imminent, but I'd be an idiot for placing myself in it.
If I have time to go get my rifle and take up a position, get the family to the back of the house, then it could be argued by a smart lawyer that it wasn't imminent at all...
If I saw that on my camera- they ping my phone when motion is detected, then I'd take up a vantage point, armed with rifle,, the police would be called and I'd hold tight- the police can take the video and go hunt them down. I don't want to initiate a gun fight and have lead zinging through my house or my family for the inconvievience of replacing an insured, catalytic converter.

 

[GWS]

I'm curious how you guys would smoke this guy. You can't just throw the door open and fire, the guy has the drop on you and very probably can get the first shot. Do you shoot through the door? Personally! I'd leave that strategy to ol' Brandon. Do you take your rifle and sneak up and ambush the gunman? I think the ambush could get you into serious legal trouble from even a pro-gun DA.
How do you take this guy out without getting shot or arrested? I don't see a good choice for the homeowner.

 

[Nosferatu]

Screw shooting them, go out to the street and gank the cat off their hooptie. Maybe bust a few windows and tires while they're in the 'hood.

 

[American123]

I'm curious how you guys would smoke this guy. You can't just throw the door open and fire, the guy has the drop on you and very probably can get the first shot. Do you shoot through the door? Personally! I'd leave that strategy to ol' Brandon. Do you take your rifle and sneak up and ambush the gunman? I think the ambush could get you into serious legal trouble from even a pro-gun DA.
How do you take this guy out without getting shot or arrested? I don't see a good choice for the homeowner.

Theoretically the guy is pointing the gun at the front door right? Most front door areas to houses have windows facing the same direction. If the guy is considered a deadly threat then shooting right through the window a few times would do it. First one breaks the window, maybe hits target, maybe not, second one goes through hole of first one and hits target more likely.

I just don't understand how someone can consider a person pointing a gun at the house not a deadly threat.

 

[Mike_M57]

Remotely activated dog-poop Claymore hidden under the cars. When they lay down to get at the catalytic converter; bury them. With extreme prejudice.

Line both sides of the driveway and hit them again as they run away.

 

[The Heretic]

You're gonna need the $800 an hour Lawyer!

Better that than an $800 coffin