When is it okay to shoot someone ?

[sh00t]

What is the name of your state (only U.S. law)? CA

In a state like CA, you might think that I have lost my mind but this is a serious question.
I legally own a gun and have permit. I have taken classes at the shooting range and fired my gun on several occasions at the firing range.
My main purpose of owning a gun is to protect myself, my family and to a lesser extent my belongings.
The other night I noticed a male voice right outside my bedroom window, which looks into my driveway through a weird angle.
There were, what I make them to be, two guys in their 20s, trying to break into one of our cars. I went to my back yard and shouted "I called the police" And heard foot steps running away, but only one of them left I realized when I came back to my bedroom. Then I went to the front door and hit the emergency siren button on my alarm system. I think that did it for the second guy.
They were on my property when they were trying to break into my vehicle, even though the driveway don't have a gate.
My question is, what would happen if I took my gun and fired in the direction of the remaining one guy and with my shooting skills or maybe lack of them, shot him fatally, while he was on my property ? Would it make a difference if he got shot in chest or in back or any other place ?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA

In a state like CA, you might think that I have lost my mind but this is a serious question.
I legally own a gun and have permit. I have taken classes at the shooting range and fired my gun on several occasions at the firing range.
My main purpose of owning a gun is to protect myself, my family and to a lesser extent my belongings.
The other night I noticed a male voice right outside my bedroom window, which looks into my driveway through a weird angle.
There were, what I make them to be, two guys in their 20s, trying to break into one of our cars. I went to my back yard and shouted "I called the police" And heard foot steps running away, but only one of them left I realized when I came back to my bedroom. Then I went to the front door and hit the emergency siren button on my alarm system. I think that did it for the second guy.
They were on my property when they were trying to break into my vehicle, even though the driveway don't have a gate.
My question is, what would happen if I took my gun and fired in the direction of the remaining one guy and with my shooting skills or maybe lack of them, shot him fatally, while he was on my property ? Would it make a difference if he got shot in chest or in back or any other place ?

You want to risk being charged with murder, homicide, manslaughter, or felonious assault? Any defense you had would ONLY be a defense AFTER you were charged. It is a car. You have insurance on it, correct?

 

[quincy]

What is the name of your state (only U.S. law)? CA

In a state like CA, you might think that I have lost my mind but this is a serious question.
I legally own a gun and have permit. I have taken classes at the shooting range and fired my gun on several occasions at the firing range.
My main purpose of owning a gun is to protect myself, my family and to a lesser extent my belongings.
The other night I noticed a male voice right outside my bedroom window, which looks into my driveway through a weird angle.
There were, what I make them to be, two guys in their 20s, trying to break into one of our cars. I went to my back yard and shouted "I called the police" And heard foot steps running away, but only one of them left I realized when I came back to my bedroom. Then I went to the front door and hit the emergency siren button on my alarm system. I think that did it for the second guy.
They were on my property when they were trying to break into my vehicle, even though the driveway don't have a gate.
My question is, what would happen if I took my gun and fired in the direction of the remaining one guy and with my shooting skills or maybe lack of them, shot him fatally, while he was on my property ? Would it make a difference if he got shot in chest or in back or any other place ?

I think your post illustrates nicely one of the reasons I am not fond of gun laws in this country. Everyone who owns a gun NEEDS to know the laws BEFORE they arm themselves with a gun.

What you should have done when you heard people in your yard the other night was CALL THE POLICE. You should NEVER go outside to confront trespassers. That is not a good way to protect yourself, your family and your possessions. It IS a good way to get shot or to shoot someone whose crime might only be charged as a misdemeanor offense (in other words, not a death-penalty charge).

Here are links to California Jury Instructions on the Right to Self Defense or Defense of Another (non-homicide), and a link to Justifiable Homicide:

Self Defense, Non-Homicide: https://www.justia.com/criminal/docs/calcrim/3400/3470.html

Self Defense, Homicide: https://www.justia.com/criminal/docs/calcrim/500/505.html

To justify shooting someone, you must believe that you and/or your family are in immediate danger and immediate force is necessary to defend against that danger.

Thank you for not killing anyone.

 

[FlyingRon]

Very good book on the subject called "The Law of Self Defense" by Andrew Branca. It covers the major aspects of the subject and gives a state-by-state review of how each topiic. You can get it on Amazon.

 

[HighwayMan]

It doesn't matter where you shoot someone (i.e. arm, chest, etc) - it is considered deadly physical force. That means the force, under the circumstances in which it is used, is readily capable of causing death or serious physical injury.

One can NEVER use deadly physical force to defend property - EVER. In general, DPF may only be used if you reasonably believe that DPF is being used, or about to be used, against you or a third person.

If you have no clue about when you can legally use your firearm you need to start reading or take a class - ASAP.

 

[sh00t]

Thanks for the reading suggestion. I was leaning in the same direction. Although I disagree with quincy on his gun control views. I think, not knowuing the home owner may have a gun or not, makes the wanna be criminals give a second thought before breaking and entering someone's property. If you break my door/window and barge in to my house, I have every right to assume that you are going to use deadly force against me, which in your words justifies my use of deadly force.

 

[quincy]

Thanks for the reading suggestion. I was leaning in the same direction. Although I disagree with quincy on his gun control views. I think, not knowuing the home owner may have a gun or not, makes the wanna be criminals give a second thought before breaking and entering someone's property. If you break my door/window and barge in to my house, I have every right to assume that you are going to use deadly force against me, which in your words justifies my use of deadly force.

There are a lot of people who do not agree with my gun control views, sh00t, so you are not alone.

But I work in Detroit where gun violence is a daily occurrence and young kids (some just babies) are getting killed by armed idiots. I no longer report on these crimes or have to view the crime photos, but the stories and images from then never go away. If someone does not know how to handle a gun properly, or when to handle a gun, they should not have a gun. Period.

I recommend you read the jury instructions to see how your views of protecting your property will hold up against the laws on deadly force in your state. Someone breaking into your house is entirely different than someone in your driveway trying to break into your car.

As a slight correction to HighwayMan's statement that you can never use deadly physical force to defend property (which I actually wish was the case everywhere): That statement applies in many states but not in all (for example, check out the laws in Texas).

 

[tranquility]

What is the name of your state (only U.S. law)? CA
I have taken classes at the shooting range and fired my gun on several occasions at the firing range.

Isn't the question answered in the "classes"? If not, take more classes.

While I had long ago had the POST certification demanded by statute, rather than rely on it, I took the classes again. (Checking the box is far easier than an argument.) I was disappointed in that I did not get any real instruction in the firearm or the use; what I got were legal conundrums. Total waste of time. (At least, for me.) Did you not?

What did you get at the classes?

 

[Just Blue]

What is the name of your state (only U.S. law)? CA

In a state like CA, you might think that I have lost my mind but this is a serious question.
I legally own a gun and have permit. I have taken classes at the shooting range and fired my gun on several occasions at the firing range.
My main purpose of owning a gun is to protect myself, my family and to a lesser extent my belongings.
The other night I noticed a male voice right outside my bedroom window, which looks into my driveway through a weird angle.
There were, what I make them to be, two guys in their 20s, trying to break into one of our cars. I went to my back yard and shouted "I called the police" And heard foot steps running away, but only one of them left I realized when I came back to my bedroom. Then I went to the front door and hit the emergency siren button on my alarm system. I think that did it for the second guy.
They were on my property when they were trying to break into my vehicle, even though the driveway don't have a gate.
My question is, what would happen if I took my gun and fired in the direction of the remaining one guy and with my shooting skills or maybe lack of them, shot him fatally, while he was on my property ? Would it make a difference if he got shot in chest or in back or any other place ?

Why are you asking this question? Is your car worth more than a human life? I can not imagine firing a weapon at someone unless my family was at risk. Cars are replaceable. People are not.

 

[Just Blue]

Thanks for the reading suggestion. I was leaning in the same direction. Although I disagree with quincy on his gun control views. I think, not knowuing the home owner may have a gun or not, makes the wanna be criminals give a second thought before breaking and entering someone's property. If you break my door/window and barge in to my house, I have every right to assume that you are going to use deadly force against me, which in your words justifies my use of deadly force.

So...You seem to want an excuse to kill. Charming. Have a GOOD day.

 

[FlyingRon]

I've never seen a basic handgun or concealed class that talks about the legal issues in shooting someone. Even the NRA pubs and info glosses over this. There are some other organizations that do a better job on the subject. As I stated, if you're going to carry a gun (and you're not specifically trained such as law enforcement) you'd best learn what the law is. As I stated, the Brasca book is pretty good. It's not very long and you can skip the parts for states other than the ones you're likely to be carrying in.

 

[tranquility]

I've never seen a basic handgun or concealed class that talks about the legal issues in shooting someone. Even the NRA pubs and info glosses over this. There are some other organizations that do a better job on the subject. As I stated, if you're going to carry a gun (and you're not specifically trained such as law enforcement) you'd best learn what the law is. As I stated, the Brasca book is pretty good. It's not very long and you can skip the parts for states other than the ones you're likely to be carrying in.

The basic course required in CA has an attorney general approved study book. Page 39 shows the two whole paragraphs dedicated to the issue. Each individual instructor must follow the outline, but, as long as it is covered, can discuss what they will. In my basic class, there was a lot of discussion on the legal aspect of self-defense. Much like traffic school, things must be covered. How they are covered are up to the instructor. (To a point.)

http://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/forms/hscsg.pdf

 

[davew128]

Why are you asking this question? Is your car worth more than a human life? I can not imagine firing a weapon at someone unless my family was at risk. Cars are replaceable. People are not.

I would argue my car is worth more than the scum who might try to steal it. Phone too. See your mindset is why criminals feel enabled. If you won't do what it takes to stop a criminal from harming you, then you deserve what happens. With great power comes great responsibility. Stop the bad guys or the next person they might rob will be your Uncle Ben.

 

[Zigner]

I would argue my car is worth more than the scum who might try to steal it. Phone too. See your mindset is why criminals feel enabled. If you won't do what it takes to stop a criminal from harming you, then you deserve what happens. With great power comes great responsibility. Stop the bad guys or the next person they might rob will be your Uncle Ben.

The penalty for theft of a phone is death? Really?

 

[Proserpina]

I would argue my car is worth more than the scum who might try to steal it. Phone too. See your mindset is why criminals feel enabled. If you won't do what it takes to stop a criminal from harming you, then you deserve what happens. With great power comes great responsibility. Stop the bad guys or the next person they might rob will be your Uncle Ben.

Well my, my, my.

Q4P.

It's quite unfortunate you place so much stock in ... "things". I feel a bit sorry for you, actually.