duty to retreat in home

[zboys]

Scenario: One story house, in the bathroom across the hall from the master bedroom, wearing just boxers and a T-shirt, brushing your teeth getting ready for bed. Wife and puppy are already in bed in the master bedroom. Your handgun is in the gun safe by the bed. While you are brushing your teeth, you hear a commotion at the bathroom window behind the curtains and you see the lock get popped and the window start to slide up and a gloved hand reaches in on the sill. You immediately retreat across the hall to tell your wife to call 911 and stay put with the puppy and you pop the safe and grab your gun.

If you don't stay in the bedroom, but instead go back out across the hall and into the bathroom to see if the intruder left or continued into the house and you encounter said armed intruder and shoot, is there an argument that you went 'hunting' instead of taking a defensive position in a known safe place away from the intruder and engaged if and only if he breached the bedroom door?

You just made it premeditated murder, hope if it ever happens they don't find this post

 

[fencer]

Scenario: One story house, in the bathroom across the hall from the master bedroom, wearing just boxers and a T-shirt, brushing your teeth getting ready for bed. Wife and puppy are already in bed in the master bedroom. Your handgun is in the gun safe by the bed. While you are brushing your teeth, you hear a commotion at the bathroom window behind the curtains and you see the lock get popped and the window start to slide up and a gloved hand reaches in on the sill. You immediately retreat across the hall to tell your wife to call 911 and stay put with the puppy and you pop the safe and grab your gun.

If you don't stay in the bedroom, but instead go back out across the hall and into the bathroom to see if the intruder left or continued into the house and you encounter said armed intruder and shoot, is there an argument that you went 'hunting' instead of taking a defensive position in a known safe place away from the intruder and engaged if and only if he breached the bedroom door?

You don't keep a gun in your bathroom?

 

[Abe Froman]

You don't keep a gun in your bathroom?

I do now:

 

[peterk123]

When I took my class in Mass years ago I believe the instructor said that even in your house, if you can vacate the room, meaning no door between you and the perp, but behind you, you need to take it.

He also said that if there is a break in, call 911 immediately. Tell dispatch there is a home invader and you and your family's life is in danger. Then nice and loud say get out of my house, I am armed. If you come in this room I will shoot. Make sure you were nice and loud so dispatch can hear. Then proceed and shoot the prick.

Sounded good to me.

 

[rogersmithiii]

I will be the first to admit that, not being an attorney, I am not 100% sure what the letter of the law says.
But, to be perfectly honest, even if I lived in a state that gave me more broad rights of self defense, my response would be the same. I would not kill someone over a TV or personal property.

Conversely, I really don't care what the law says if someone is trying to kill me or my loved ones. I am going to return fire if capable.

There are some things that are worth spending the rest of your life in prison for. Regardless of what the law says. If someone seriously hurt my wife or kids, or tried to, I really wouldn't care what the law said.
I'm not claiming to be Billy Bad Ass or trying to be an internet tough guy, but the laws of God supersede the laws of man. I believe that when you take a wife and have a family you should be willing to do whatever is necessary to keep them safe. Hopefully, you can do this without breaking the law.

It’s an economic decision. Zimmerman and Rittenhouse each spent seven figures in their defense. You can buy a lot of TVs, cars and jewelry for that kind of money.

 

[fencer]

It’s an economic decision. Zimmerman and Rittenhouse each spent seven figures in their defense. You can buy a lot of TVs, cars and jewelry for that kind of money.

I understand your point, but for me it is more of a moral decision. I have always said that if you have time to think about the legal or financial consequences of your actions, it's probably not a good shoot. And the flip side of that coin is knowing that someone you love is going to die if you don't act, you really don't care if you are ruined financially.

FWIW... Zimmerman should have had insurance. Rittenhouse was too young

 

[45collector]

My house is tiny but there's a kitchen island right in line with the front door. I've thought of reinforcing it with ballistic plates that have like a short barreled punt gun mounted on bungee cords dead center. That would be awesome

 

[rudiewhitebwoy]

Your assumption would be incorrect. If the homeowner claims that he felt his life was being threatened, he is well within his legal rights to deploy and activate his wireless hole puncher.

Get ready for the Civil Suit from the family of the intruder. I you're lucky your Homeowners Insurance would cover the wrongful death suit, but probably not your legal fees.

 

[WJ406]

The most important thing to remember if involved in a self defense shooting is do not talk with the police until you have an attorney.

It doesn’t matter if it was the most clear cut case of self defense. Invoke your right to have counsel present while being questioned. Whatever you say in the minutes and hours after the shooting will be used against you for years to come in criminal and civil cases.

When a police officer is involved in a shooting they are not interviewed until 3-4 DAYS later, always with their attorney present.