Lesson: Stand your ground, but don't be the aggressor

Another lesson in the confusion of the stand your ground laws: self defense is not self offense.

I do have a question on the matter. What is the difference between tresspassing and burglary? (I assume it is because they didn't enter the building unlawfully to commit a felony like theft or assault but instead to sleep, no threat = no stand your ground ) Is it the fact the building wasn't occupied? I just am confused because I have heard news stories of people shooting at people breaking into and entering their home, even before they knew a felony was going to be committed. I was under the impression that you can use deadly force to stop a felony in progress (burglary) but how do you decide when that has taken place? or does there need to be a threat of immenant bodily harm/violence before it is justified?

<broken link removed>

The Heretic

Another "lesson":

"He also cited the seven long-barreled guns, five hand guns and nearly a dozen knives police said they found in a safe at Burgarello's home"

They will come to your house, break into your safe and haul out all your guns and knives as evidence that you are dangerous.

As to your question, yes, there does need to be a threat.

However, if someone breaks into your house while you are there, that is generally considered to be the threat.

In most locales that is enough.

If the prosecutors version of events is closer to the truth than that of the defendants, then it sounds like he overreacted to the trespass.
Generally speaking, if someone is busting windows, breaking down doors, and the like that is in-of-itself a felony in most states and is a positive defense for homicide. In the case of trespassing, you can stand there and scream your head off at someone to leave your property, but if they just sit there you are not entitled to shoot. If they charge you, that's another matter entirely.

In the case you cite, the property owner burst in, probably justifyably pissed that someone was squatting there, and at the first possible excuse he pulled the trigger on them. This doesn't meet "stand your ground" at all. You find people have broken into your property, and you're not there, call the cops, let them pay the legal bills. If you're coming home from a night out with the kids and find an intruder in your home, that's another story entirely.
Burglary in Oregon: to enter or remain unlawfully with the intent to commit a crime therein. Generally speaking, Burglary 1 is burglary to a dwelling (place where a person lives or resides, including homes, hotel/motel rooms, motor homes in some cases) and burglary 2 is for other structures (businesses, detached garages, other places where a person doesn't "live".) There has been case law recently that may change how DAs charge these though, resulting in more charges of trespass in lieu of burglary.


Albany Rifle & Pistol Club (ARPC) Gun Show 2021 show is cancelled
Linn County Expo Center
3700 Knox Butte Rd E, Albany, OR 97322, USA
22 Rimfire Challenge
Redmond Rod and Gun Club
Redmond, OR 97756, USA
Rimfire Challenge May 8th @ DRRC
Douglas Ridge Rifle Club
27787 OR-224, Eagle Creek, OR 97022, USA


  • A Cut Above Pawn
    5.00 star(s)
    Fantastic Customer Service!
    Recently, they helped my lady transfer a pistol to a family member in CA. Most FFLs would have told us to pound sand when we mentioned where we...
  • HighLine Firearms
    5.00 star(s)
    One of the best!
    I have bought from online and in person. Great store, he had things I did not know were needed. I try and recommend Highline Firearms to people I...
  • Copeland Custom Gunworks
    5.00 star(s)
    The only gunsmith I'll use
    Tim has done a few projects for me and the result is always the same. Amazing. End of story. From complete refinish to custom machining, Tim is...
  • Copeland Custom Gunworks
    5.00 star(s)
    great work refinishing my 27 year old 1991 a1 compact colt .45
    Tim did a great job making my gun look brand new again and replacing the old parts inside. Super Happy!!
  • Lucky Sporting Goods
    5.00 star(s)
    Just a transfer but a great one. A+
    Came here today to meet another forum member to buy a Glock. Was the best transfer I've had the pleasure of doing. Even though I was just there...
Top Bottom