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

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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
 
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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?
 
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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?
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.
 

accessbob

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fd15k said:
Is anyone's life in danger ? Is anyone in danger of a great bodily injury ? You better not shoot then, this is not Texas.
Hmm. Wonder what this is all about then...
ORS 166.220 said:
166.220 Unlawful use of weapon. (1) A person commits the crime of unlawful use of a weapon if the person:
(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or
(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.
(2) This section does not apply to:
(a) Police officers or military personnel in the lawful performance of their official duties;
(b) Persons lawfully defending life or property as provided in ORS 161.219;
(c) Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting;
(d) Persons lawfully engaged in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife; or
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.
(3) Unlawful use of a weapon is a Class C felony. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1; 2009 c.556 §5]
ORS 161.219 said:
161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
Wouldn't do anything until they are for sure attempting entry.
 
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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.
 
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Hmm. Wonder what this is all about then...




Wouldn't do anything until they are for sure attempting entry.
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.
 

accessbob

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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.
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.
 
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This is an extremely valid point.
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...
 
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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.
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.
 
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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.
 

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