What is the law if somone is in your home?

Discussion in 'Legal & Political Archive' started by 40salas, Jul 24, 2013.

  1. 40salas

    40salas
    Portland Metro
    Member

    Messages:
    41
    Likes Received:
    2
    can you shoot them if they are not armed with a firearms also
    .dose OR have a stand your ground when in.public?
     
  2. Certaindeaf

    Certaindeaf
    SE Portland
    Well-Known Member

    Messages:
    10,200
    Likes Received:
    14,160
    According to some of your prior posts, you seem to want to get a concealed carry permit. I'd suggest you do that as you must take a class (for Oregon) which will explain those issues/concerns.
     
  3. Mark W.

    Mark W.
    Silverton, OR
    Bronze Supporter Bronze Supporter

    Messages:
    6,127
    Likes Received:
    5,941
    In the state of Oregon you can only point a firearm at a human for reasons of self defense. So no you can't just shoot the nude guy watching porn on your TV sitting on your barkolouger
     
    MikeE, sheepdip, Caveman Jim and 3 others like this.
  4. coop44

    coop44
    Tacoma ,WA
    Well-Known Member

    Messages:
    2,718
    Likes Received:
    1,133
    depends what kind of dose you took. But if there is some one in my house, he had better be armed. It'll be the only chance he has.
     
    Blaylocke, Redcap, humdrum and 3 others like this.
  5. tanzuki

    tanzuki
    Salem
    Active Member

    Messages:
    166
    Likes Received:
    54
    In the CHL class I took they made a point to state that even if someone was in your house you have the right to ask them to leave but you don't have the right to shoot first and ask questions later. I then ask a police officer friend of mine the he was pretty assuring that if indeed someone had broken into your home and you confront them that you are quite justified in "laying them out". So you would think that with the castle doctrine we should be able to defend ourselves in our homes but I've read that thing more than a couple of times and it's still not totally clear to me.
     
  6. Blaylocke

    Blaylocke
    Lewis County
    Active Member

    Messages:
    361
    Likes Received:
    189
    Basically you are legally able to use deadly force when you believe that your life or the life of someone else is in direct imminent danger of death or serious injury. They do not have to be armed to legally pose this threat. You are not under any legal duty to retreat.
     
  7. rapgood

    rapgood
    Seattle, WA
    Member

    Messages:
    49
    Likes Received:
    21
    Correct.
     
  8. lowly monk

    lowly monk
    Beaverton, Oregon.
    Just a guy. Bronze Supporter

    Messages:
    1,242
    Likes Received:
    354
  9. lowly monk

    lowly monk
    Beaverton, Oregon.
    Just a guy. Bronze Supporter

    Messages:
    1,242
    Likes Received:
    354
    Oh my, I finally got this.
     
    Blaylocke and (deleted member) like this.
  10. One-Eyed Ross

    One-Eyed Ross
    Winlock, WA
    Well-Known Member

    Messages:
    1,367
    Likes Received:
    755
    When I read dose, it reminded me of the aid station when I was treating combat engineers. When they had a dose, you had to give them something to cure it.
     
  11. 40salas

    40salas
    Portland Metro
    Member

    Messages:
    41
    Likes Received:
    2
    So. a meth head enters my house not leaving like I have asked. and starts becoming aggressive but has no weapons. do I have the right?

    non of this has happen to me. just want to male sure I have a clear understanding.
     
  12. Blaylocke

    Blaylocke
    Lewis County
    Active Member

    Messages:
    361
    Likes Received:
    189
    None of us are lawyers. But my understanding is that if you have a reasonable belief that this meth heads aggressive actions will cause imminent harm or death, you are justified in deadly force. You do not have a legal obligation to take a beating just because someone is unarmed, or rather armed only with his hands.
     
  13. Silver Hand

    Silver Hand
    Southern Oregon Coast
    Well-Known Member

    Messages:
    1,084
    Likes Received:
    736
    40salas
    Believe me, You are going to know when you are in fear for your life or in fear for the life of your loved ones. Usually about this time someone is about to die if you do not act.

    Silver Hand
     
  14. razormanxx

    razormanxx
    eugene
    Active Member

    Messages:
    189
    Likes Received:
    132
    Happened in sutherlin a few years back, homeowner went to prison for a little while.
     
  15. coop44

    coop44
    Tacoma ,WA
    Well-Known Member

    Messages:
    2,718
    Likes Received:
    1,133
    Another good reason to not talk to the cops, when they ask what happened, look at them like they are stupid. Then ask for a lawyer.
    I will bet you dimes to donuts what he said put him there.
     
    Burt Gummer, Dyjital, humdrum and 9 others like this.
  16. orygunmike

    orygunmike
    Beaverton, OR
    Active Member

    Messages:
    113
    Likes Received:
    59
    Anyone and everyone who chooses to keep a firearm handy for the purpose of self defense owes it to themselves to become familiar with applicable laws of deadly force ...

    Regarding the OP's original question of "what is the law if someone is in your home".....here are a couple of very applicable Oregon statutes .... These are no means the only relevant statutes ...

    ORS 161.225 -- ORS 161.225 - Use of physical force in defense of premises - 2011 Oregon Revised Statutes
    ORS 161.219 -- ORS 161.219 - Limitations on use of deadly physical force in defense of a person - 2011 Oregon Revised Statutes


     
    lowly monk and (deleted member) like this.
  17. SonicBlue03

    SonicBlue03
    Snohomish
    Well-Known Member

    Messages:
    1,238
    Likes Received:
    422
    Lots of questions recently on the forum on when it's legal to shoot someone. Gotta say, I wonder how many of those folks are just looking for an excuse to scratch a psychopathic urge.

    It's all a pretty simple answer: if you or those under your protection are in danger, make the call that you feel you need to make and be prepared to support it if hauled into court. If you don't know what the line is, take the applicable class in your state to educate yourself.
     
    lowly monk and (deleted member) like this.
  18. Certaindeaf

    Certaindeaf
    SE Portland
    Well-Known Member

    Messages:
    10,200
    Likes Received:
    14,160
    You're getting a little warmer there. There are different levels of "aggressive" though.. is he asking firmly for a drink of water or trying to break your neck?
    You essentially have here in this thread good answers and suggestions regarding your questions.
    It seems you are overthinking this and or not understanding the legal/codified definitions of the laws. Layman terms have been laid out to you.
    Also, in the future, try to be more concise with your questions and perhaps re-read what you have written. Your writings are actually kind of bizarre.
     
  19. BigStick

    BigStick
    Sherwood, OR
    Well-Known Member

    Messages:
    516
    Likes Received:
    311
    I will reitterate what others have said about researching and reading the laws for yourself. Don't take anyone's word for it, not even your lawyer or the police.

    But as a short answer, you do not necessarily have the right to shoot someone just because they are in your house, you must be in fear of harm, death or other felonies against your person or family. That being said, it can be reasonably assumed that anyone who breaks into your house while you are home has nefarious purposes, and if they do not immediately comply with your demands or run away when confronted, that would give me great concern for my safety. You are the only one who can judge when you are afraid, but a jury might apply the reasonable man standard. Just make sure that you can articulate what caused you concern for your safety.
     
  20. Redcap

    Redcap
    Lewis County, WA
    Well-Known Member

    Messages:
    3,989
    Likes Received:
    2,740
    If someone is in my home uninvited, they are clearly there to harm my family or myself.
     
    unklekippy and (deleted member) like this.

Share This Page