What is the law if somone is in your home?

[40salas]

can you shoot them if they are not armed with a firearms also
.dose OR have a stand your ground when in.public?

Read More

 

[Certaindeaf]

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.

 

[Mark W.]

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

 

[coop44]

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.

 

[tanzuki]

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.

 

[Blaylocke]

"a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose."

Limitations on use of physical force in defense of a person
Notwithstanding ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using physical force upon another person if:

(1) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person; or
(2) The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force; or
(3) The physical force involved is the product of a combat by agreement not specifically authorized by law. [1971 c.743 §24]

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.

 

[rapgood]

Basically you are legally able to use deadly force when you belief 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.

Correct.

 

[lowly monk]

Oregon's Only No Compromise Gun Lobby - Oregon Firearms Federation

 

[lowly monk]

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.

Oh my, I finally got this.

 

[One-Eyed Ross]

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.

 

[40salas]

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.

 

[Blaylocke]

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.

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.

 

[Silver Hand]

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

 

[razormanxx]

Happened in sutherlin a few years back, homeowner went to prison for a little while.

 

[coop44]

Happened in sutherlin a few years back, homeowner went to prison for a little while.

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.

 

[orygunmike]

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

can you shoot them if they are not armed with a firearms also
.dose OR have a stand your ground when in.public?

 

[SonicBlue03]

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.

 

[Certaindeaf]

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.

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.

 

[BigStick]

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.

 

[Redcap]

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.

If someone is in my home uninvited, they are clearly there to harm my family or myself.