What is the law if somone is in your home?

[duane black]

It seems you are overthinking this and or not understanding the legal/codified definitions of the laws.

Pretty much... It really comes down to ;

Am I or is someone in my presence ( spouse, daughter, son, etc ) about to be SERIOUSLY maimed or killed ? Would a reasonable person agree ?

Does the advisory have the capability to carry out said threat ( strength, size, WEAPON, ability ) ?

A 250 pound just out of prison arian brother holding a butcher knife screaming he is going to kill you and take your daughter with him afterwords, while standing in your house, after kicking in your front door at 3 AM would probably be ruled a justifiable homicide if you responded with deadly force.

A drunkard that kicked in your front door thinking he lived there while you were not home and fell asleep on your couch while watching cartoon network, maybe not.

This can get very murky, research previous cases as much as possible in the PNW and try to find the outcomes of said cases.

There really are very few instances when you can shoot someone, justifiably in the eyes of the law. I carry pepper spray for all other instances. Not to turn this into a zimmerman discussion but, even if LE believes it was justified, you might still be defending yourself in court, at great expense and stress.

 

[beavertonbuck]

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

I agree with most of what you said but this goes against the idea that "you do not necsarily have the right to shoot someone just because they are in the your house," statement. That being said I'm not sure I want to be the one to try and hang my hat on that statute. If my family situation was different I would likely stay put, announce I was calling the cops while getting my gun.

 

[solv3nt]

even if LE believes it was justified, you might still be defending yourself in court, at great expense and stress.

Don't forget about civil court...

 

[Burt Gummer]

Many people seem to have a stiffy about shooting someone at some point in their life.

"If someone does this, if someone does that ...." "If they step in my home, if they are breaking into my car, if someone touches my wife's butt ..."

You better come to terms with the fact that your chances of going to jail nowadays is very high no matter what (corp prisons must be filled for profit) and/or losing everything thing you have; your house, the wife, the toys in your safe. Better to think about how you can AVOID having to shoot someone at all costs. If that means running away, you run away. It is the very last thing you ever want to do, period.

The exception is if you have a kill at will license (you are a cop). Then have it and don't worry about the consequences.

... and yes, if you ever have to pull the trigger say NOTHING to the cops except "I feared for my life" and "I have nothing to say without the assistance of an attorney". Not even how your day went or what you had for lunch that day - nothing - not one word - STFU.

People are self-important, vain, and ignorant - they love to babble on and bury themselves. Just don't. If there was one time in your life you force yourself to close that pie hole, do it then.

 

[razormanxx]

And you all know the coroners office will just remove the body, cleanup is all on the home owner. Do you really want to have to clean that up, or pay to have a company that specializes in that( expensive). If it wasn't necessary.

 

[orygunmike]

I agree that you are wise not to solely base a decision so important as whether to use deadly force on any single statute, or an entire volume of statues. As someone else pointed out in another post, understanding how courts have interpreted and applied the statutes via reviewing case law is very important. I have found http://www.oregonlaws.org a good resource (for me, the layman) for learning about case law applicable to a specific ORS.

I was by no means suggesting that ORS 161.219 was a 'get-out-of-jail-free' ticket for using deadly force on someone in your home. I was providing the forum with another important piece of data in the discussion on use of force in the home. Understanding use of deadly force is complex, and it behooves all of use to look at as many of the pieces as we can to be better prepared in making good decisions.

All that being said ... whenever a student asks the inevitable question ..."when can I shoot someone" ....I turn the question around and tell them, "wrong question ... what you should be asking is 'when MUST I shoot someone' "... and only then they begin to approach the standard of justifiable use of deadly force.

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

I agree with most of what you said but this goes against the idea that "you do not necsarily have the right to shoot someone just because they are in the your house," statement. That being said I'm not sure I want to be the one to try and hang my hat on that statute. If my family situation was different I would likely stay put, announce I was calling the cops while getting my gun.

 

[PiratePast40]

The clause about burglary has me a little puzzled. Seems that individual states have their own definitions. Here's what I found that is probably applicable: ORS 164.225 - Burglary in the first degree - 2011 Oregon Revised Statutes

Keep in mind that burglary is not the same as your daughters boyfriend getting in through a window or door left unlocked by your daughter. Don't forget, that in the middle of the night and with only half light, a cell phone can easily be mistaken for a gun.

 

[Brutus57]

And you all know the coroners office will just remove the body, cleanup is all on the home owner. Do you really want to have to clean that up, or pay to have a company that specializes in that( expensive). If it wasn't necessary.

Small caliber headshot with a frangible projectile. No fuss, no muss, no worse than a bloody nose.....I'm just sayin. And being a bit sarcastic. Fortunately I live in a 4 plex apartment upstairs in a quiet little town. And I have a great landlord, who would say, " yeah, we'll, ya know I was thinkin this apartment needed new carpet.
I never want to make that choice but I have prepared for it if needs be.

Brutus out

 

[coop44]

statutes notwithstanding, case law is where the law really resides. It's all way too complex for a non lawyer to get involved with trying to decipher.

I don't take medical advice from the guy on a bus, I don't take auto advice from a car salesman, and I don't take legal advice from a cop.

In fact, the professional organizations that are associated with legal or medical are a little touchy about unlicensed folk "practicing". Just mention it, it comes in handy when you want to "shut down" conversations with law enforcement.

 

[Brutus57]

The clause about burglary has me a little puzzled. Seems that individual states have their own definitions. Here's what I found that is probably applicable: ORS 164.225 - Burglary in the first degree - 2011 Oregon Revised Statutes

Keep in mind that burglary is not the same as your daughters boyfriend getting in through a window or door left unlocked by your daughter. Don't forget, that in the middle of the night and with only half light, a cell phone can easily be mistaken for a gun.

This scenario reminds me of a time in the 80s when I was in the reserves back in DC for two weeks working for an agency who has a really popular tv show now but back then only had 3 initials. With the bloody Beltway bandit commute was working long days in front of a computer screen and pretty much 12 on and 12 off. I stayed on a nearby Army base at my brothers quarters. Unfortunately he had to go TDY to a real garden spot in the Pacific a few days after I get there....I come home one night and my sis in law is noticeably shaken. Here's a Class A uniformed Army warrant officer questioning her about the night time activities of my niece/ her daughter. It seems the Army Major next door was not happy the AF Light Col.s daughter was visiting his 17yo son round about midnight. She was a tall buxom blonde and this Navy Lt. In mufti (as Required by the Fed agency) would have killed to have an older girlfriend like her when I was 17. So I am doing my Marine DI instilled damnedest to be disciplined and not bust out. So the warrant starts off on the wrong foot by asking me who I was and what I was doing there. I as an officer and a gentleman politely but firmly informed the aforesaid Army WO that last time I checked a Navy LT. Outranks a WO and he would say Sir when asking me a question or making a statement. So says I as to the reason I was in DC was that I was on orders. he says for what sir? And I says: Its classified but if you want you can call Admiral ??? At NIC 13 and he would be happy to answer any questions Army CID might have about me. He pulled in his horns as I flashed my ID. I told him I'd be sure to tell the colonel he came by if I see him before I head back to WhidbeyIsland. Then I went in my room and busted out laughing till I almost cried.took a minute, put on my concerned brother in law and uncle face and went out to tell my sister in law not to be worried about it. I was sure the colonel smooth things out. I crack up every time see my niece even almost 30 years after the fact.


Brutus out

 

[Burt Gummer]

2. Person leaves in a Body bag. It most likely ends there.

The family still sues you.

Before pulling the trigger ask if he has a family lol.

 

[Brutus57]

The family still sues you.

Before pulling the trigger ask if he has a family lol.

Like the police are the only ones who can plant evahdince.

Brutus out

 

[Burt Gummer]

They STILL sue you.

Attorneys take the case free of costs to the plaintiff. You settle. Lose your home, garnish your wages for life, etc. But hey, you got the satisfaction of blasting away.

Zimmerman will get a book deal, maybe a movie, but he'll never see one penny of it. In fact, whatever he had before the shooting will probably also be taken from him.

 

[Burt Gummer]

The family still sues you.

Before pulling the trigger ask if he has a family lol.

... ok, please sign here and here, and initial this next page ...

 

[Burt Gummer]

Wow - that is a case of man bites dog. I'd bet 100% that the husband would be charged today.

 

[humdrum]

It seems the recent inclination of our Liberal "leaders" to benefit the criminal (after they are the one that has done the wrong), along with the Zimmerman incident have left a few of our members wondering when it is OK to protect their own life... In the opinion of myself (along with a majority of us here), I would have to agree that personal-defense is a God-Given Right!!! Carrying a firearm is a HUGE responsibility - so be the best person you can be while doing so. The rest will fall into place on it's own!

 

[Burt Gummer]

Don't get me wrong. If my life is in serious danger and it is me or 'him' I will use every bit of skill and force to kill my attacker dead.

Whether I have 30 or 2 seconds to decide that course of action is irrelevant. It is still the last course I ever want to take though. I will take no pleasure in the act, but perhaps relief.

After all we all have Neanderthal DNA, we are all killers underneath the facade of civility anyway. It is just a matter of letting one's survival instinct take over and get the job done.

 

[RicInOR]

Over on the right in the banner choose OFF and buy their book. It is a good starting point.
Oh, and if you can afford designer coffee (Starbucks / coffee people) then send them a coffee or two in cash.

If you are asking can I shoot someone - you should ask George. He found out.

Ask yourself - why you would want to do that.

Me - I want to sleep in my own bed, with my wife.
If someone is in my house uninvited, then I want them to leave. Period.
If someone is threatening me, or my wife, I want them stop. Period.
I do not want to shoot them.

 

[mrblond]

The huge problem with the laws is that a person could come into your home, take your things and leave and you can't really do much about it as you never feel your life threatened.

 

[coop44]

Don't get me wrong. If my life is in serious danger and it is me or 'him' I will use every bit of skill and force to kill my attacker dead.

Whether I have 30 or 2 seconds to decide that course of action is irrelevant. It is still the last course I ever want to take though. I will take no pleasure in the act, but perhaps relief.

After all we all have Neanderthal DNA, we are all killers underneath the facade of civility anyway. It is just a matter of letting one's survival instinct take over and get the job done.

read it in a book somewhere, to paraphrase, "there is a thin veneer of civilization on all of us". I agree whole heartedly, I can feel the animal lurking just below the surface.