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My shop is detached and I am usually in it. o_O I fear for the guy that breaks into it while I am in there. ;)

But why???? :rolleyes: Does it have to do with what goes on in that shop???

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Of course I'm just kidding ;) You have an awesome shop and I'm just jealous!! :D
 
Once the offender turns his back, legally the shooting must stop.

That's a good rule of thumb, however, I can think of an exception to that rule. Oregon law allows you to use deadly force to defend yourself, or others. If a baddie turned his back on me to go after my daughter, for example, and was a threat to her life, I would certainly take that shot to save her life.

But if the bad guy has his back turned in retreat, absolutely, that's the time to let him go and let the police get him.
 
Not to drag this thread on any longer than it needs to be but.... Stuff is just stuff. Stuff can be replaced. Your/my stuff isn't worth losing your freedom (jail) over.
 
This is a good topic because it reminds us that everyone should take the time to read the gun laws now, well before they ever need to draw their weapon. F.e. Oregon has this site to read the gun laws: ORS 161.209 - Use of physical force in defense of a person - 2017 Oregon Revised Statutes

2017 ORS 161.209¹
Use of physical force in defense of a person

Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), 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]
 
So if I hear noise coming from my detached shop late at night, I should call 911 and wait, rather than go out there armed (for my own protection of course) to check it out??

And... if I have to shoot to protect myself or other person(s), what if while I am emptying my 17rd mag +1 the purpletrader turns while falling from the weight of applied phyzix?
 
What about an occupied office where there is only one door out and walls and/or windows only and the office is greater than 3 feet above the ground. Can you use a firearm then or jump out the window assuming you can break the glass? A lot of office windows cannot be broken in office buildings except in certain panels. I have worked in several office buildings like this over the years.

That assumes that the person is holding a gun, knife, baseball bat or other deadly weapon that can kill you.

If you shoot, in any situation, in any place, inside or outside, in the dogs house, in the tool shed, in your car, on your roof, only one thing matters. Your mouth and what comes out after. Unless it's on video and even then if it goes "south" it will most likely have a lot to do with what you say after. The only "what if" is if the shooter starts talking and can't stop, which is normally how this all goes bad. Dobad has weapon or not. Did you feel your life was in danger? Can you keep your self under control when Police start asking questions? Wait for a Lawyer to start making your "what if" case and life has a real good chance of going back to normal. Can't stop talking? May not matter what dobad did or was doing. People often talk themselves into all kinds of problems after a shoot.
 
Bottom line. Shooting anyone is the last thing you want to do. Avoid it if you can unless you or someone else is truly threatened with deadly force. Even while the law allows the use of deadly force against an intruder who broke into your home, it should be a last resort. If he is running out the door with your computer, let him go. The price of the computer is a drop in the bucket compared to what your atty fees will be. Oregon does not have a duty to retreat statue. Still, If I can safely retreat and avoid having to shoot someone, I will gladly retreat. Self preservation from the major headaches one is faced with once they use deadly force, even when justified.
 
Although I personally wouldn't take a life for a car (had that op twice, catching/watching two of mine get stollen years back), maybe if the option existed, there would be less scum out prowling.
I also have issues with perps and "retreating". Someone kicks in your door, you get your weapon and they begin to flee. YOU committed a crime if you shoot because they ran! Really?
A women gets assualted in her bedroom at night. Finally makes it to her gun. Perp begins to run out, she shoots them. Now she's a double victim? Ridiculous.
I believe crime crime is not over while perp is on property or in site. I'm sure Northwest legal systems wouldn't agree with me, but again, criminals get the advantage of "concurrent" vs "consecutive" when sentenced.
 
But if the bad guy has his back turned in retreat, absolutely, that's the time to let him go and let the police get him.
I think of it as keeping my life intact. My family, house, retirement. If an intruder(s) is motivated to harm my family and they didn't catch a clue with my security, dog, and me shooting at THEM (more than one) well they didn't give me many options. If a hear or see them leaving I'll let them go.

I know two people who were home when it was robbed. One guy was attacked and one family the intruder ran. I know a kid doing big time for home invasion. He felt pressure to do it. Got nothing but years out of it. But how is a gun not the best option to defend your home?
 
Get between the thief and the property such that the thief has to attack you to get the property.

There are variations on this theme such that you would be defending your life while protecting your property.

There are of course scenarios where this is not possible/practical - e.g., shooting a thief that is getting away - but armed robbery is usually a case where the thief is also threatening your life.

That said, I am not going to shoot a thief for stealing an apple from my apple tree.

Well... maybe certain thieves:

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Using lethal force during a burglary, while a dwelling is occupied, is defendable in most jurisdictions as it is based on old common law which in turn is based on old biblical law (where you could use lethal force during the night if an intruder came into your home) because you are in principle defending yourself and your family.

But if someone is breaking into my detached shop or my car, then the law treats that quite differently.

In a SHTF situation, then looting laws may come into play.

In short, it is situational.
 
Remember, you don't have to convince a judge or a DA prosecutor. You have to convince a jury, and if you're legit it shouldn't be too large of a monumental task to evoke empathy and an acquittal from them.
That sounds scary to me considering the pool of people I have been around the last few times I have gone to jury duty :) If I have to ever shoot anyone again I would love to have the case moved to the most red neck part of the state. :)
 

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