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Question on self defense intruder on girl freinds back porch......

Discussion in 'Legal & Political Archive' started by x1hunter89, Jan 22, 2013.

  1. x1hunter89

    x1hunter89 gresham oregon Active Member

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    ok so let me start with im not on the lease but i stay at her place alot. I went to the gym and came home to her place and she said some one had jumped the fence. The dog barked and she saw him and the guy jumped it and took off. So my question is if I shoot him outside on the porch is that a nono? or do i wait until he is trying to get into the apartment? just incase he comes back what would the legaly right thing to do be? cops and security take alteast 15min to get here so they are out of the question. my son is here so i will not take any chances he is 11months old so yea. thanks for the info in advance.

    gresham oregon mult county
     
  2. fd15k

    fd15k Tigard,OR Well-Known Member

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    Is anyone's life in danger ? Is anyone in danger of a great bodily injury ? You better not shoot then, this is not Texas.
     
  3. Redcap

    Redcap Lewis County, WA Well-Known Member

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    Unfortunately.
     
  4. x1hunter89

    x1hunter89 gresham oregon Active Member

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    yea some times i wish i was back in texas... but if he is coming into the house and he knows people are their then i would think the only reason he is coming in would be to do harm and take stuff. becuase its not like we are going to let him take stuff without a fight. so am i right or wrong for thinking that way?
     
  5. fd15k

    fd15k Tigard,OR Well-Known Member

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    It's really not about guessing the intentions of a potential intruder. It is about being in fear of death or bodily injury in that point in time and context. If you really want specific answers when you can shoot, you should consult with an attorney.
     
  6. accessbob

    accessbob Molalla, OR 2A Supporter

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    Hmm. Wonder what this is all about then...
    Wouldn't do anything until they are for sure attempting entry.
     
    Last edited: Jan 22, 2013
    x1hunter89 and (deleted member) like this.
  7. FORKLIFT252

    FORKLIFT252 Oregon Active Member

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    Remember way back when.. you jumped a fence... good thing you didn't get shot! Please for the protection of my 2A rights...... take a class... read the laws... don't go to the Internet to see if it's OK to shoot and kill someone.
     
  8. Kruejl

    Kruejl Hillsboro Moderator of the Coriolis effect Staff Member Gold Supporter Silver Supporter

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    Unless he's actually inside the residence I would advise on NOT shooting. Maybe he was lost or just liked to jump over fences. Neither reason would hold up in court. Bottom line, if they aren't actually inside your house, you can't shoot. Even if they're breaking into you're car. Property crimes are not a reason to take a life.

    Be glad he got scared and left. I think anyone here would agree that NOT firing a shot is the best outcome.
     
  9. Bushman

    Bushman Auburn, WA Well-Known Member

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    He jumped the fence and ran away when you came through the door? Are you sure this was an intruder and not some other guy with your girl who just ran out the back when you got home?
     
    Redcap, Grunwald, iceman and 7 others like this.
  10. fd15k

    fd15k Tigard,OR Well-Known Member

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    That just means they won't pin an extra charge on you, in addition to the manslaughter or worse. This is not an immunity against unjustifiable homicide. If you're really interested in the meaning, you should find some cases where this ORS is referenced, and see how it gets applied. The statement about attorney still stands.
     
  11. accessbob

    accessbob Molalla, OR 2A Supporter

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    Does that mean you have?
     
  12. x1hunter89

    x1hunter89 gresham oregon Active Member

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    well thanks for all the input the good and the bad
     
  13. fd15k

    fd15k Tigard,OR Well-Known Member

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    No, I have not. My position is based on prior knowledge and common sense. I can be wrong, but this is the area of the law where only a legally binding opinion of a qualified attorney matters.
     
  14. Redcap

    Redcap Lewis County, WA Well-Known Member

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    This is an extremely valid point.
     
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  15. accessbob

    accessbob Molalla, OR 2A Supporter

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    Interesting. So, while I do believe asking an attorney some questions would be a very good idea. I also believe that unless each one of us is going to go visit an attorney for anything related to this, it is going to also be up to us to CAREFULLY, and THOROUGHLY read the applicable laws and try to understand them. I do not believe that we are totally deficient in this area. But, as pointed out, it would be much better if one is on firmer ground to invoke these statutes by making sure you are not on the edges of their permission. But it is also prudent to at least be aware of what they state and what ORS number they are. Being knowledgeable can help.
     
  16. Bushman

    Bushman Auburn, WA Well-Known Member

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    In which case, it looks reeeeaaal bad when you kill the guy who she was having an affair with...as he runs away...after "catching" him at your house...

    You think it's an intruder. The jury will see it quite differently depending on facts you may not even be aware of at the time...
     
  17. Kevatc

    Kevatc Oregon Well-Known Member

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    Bad guy needs to have ability and opportunity to hurt you or others inside apartment and you have to be able to articulate why you felt you were in jeopardy. Better hope the evidence at the scene clearly and unequivocally backs you up.
     
  18. chrisk86

    chrisk86 Spokane Member

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    being that once the dog started barking and he jumped back over the fence I would say its a nono to shoot, but if your GF is alone and the same thing happens tell he to announce that there is a firearm in the house and use that verbal threat at a way of gauging the situation, make him aware that there is lethal force inside the residence... if he continues towards the house, well prepare yourself that you may need to fier upon the intruder.
     
  19. Flyingswords

    Flyingswords Texas Active Member

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    Good thing I moved to Texas. :D
     
  20. Burt Gummer

    Burt Gummer Portland Completely Out of Ammo

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    [video=youtube;7nN_k2L8PnY]http://www.youtube.com/watch?v=7nN_k2L8PnY[/video]