PayrollHRGuy
Senior Member
No, you never in any state have the right to "shoot him to death". What many of the various states do have are laws that allow you to use various degrees of force to protect yourself and others.
What does "minimum" mean in this situation, exactly? Does that mean that if I have a gun, I have to fire a warning shot at the attackers feet or shoot him in his leg or shoulder before I go for a kill shot?No. It doesn't matter whether it is your landlord or a random stranger who broke in. You are protected by self-defense laws only up to the minimum that it takes to get out from under the situation. If the minimum violence you can use to escape the situation is none, then that's what you're allowed to use. Doesn't matter if it's your landlord, a spouse, or who it is; doesn't matter if you have a gun, a knife, a baseball bat or your own two hands. As soon as you cross the line from the minimum it would take to defend yourself, you are liable under the law.
So if you were in your home, sitting on the couch, watching TV, and a stranger suddenly burst through your door and viciously attacked you, and you had a gun nearby, what would you do?Minimum means that you don't want to use your gun at all. If you use it and it is found at trial, and you will be tried, that you could have gotten away without using the gun, then you will be found guilty of some degree of murder or homicide.
One more time, just so it is clear for those following along at home. You cannot legally kill your landlord.
You still haven't answered the question.Keith; if you shoot your landlord, no matter what the circumstances, you are going to be arrested and tried for some version of homicide. If your lawyer is able to articulate the circumstances in the right way, you *might* get a "not guilty by reason of self defense" but it's more likely that you'll end up in jail. No one here is going to be able to give you a set of circumstances where you can shoot your landlord and have nothing happen to you, because no such set of circumstances exists. And these forums are discoverable - we have had more than one poster come back and admit that what he had posted on these forums got him convicted. So I very strongly recommend that you stop looking for a situation where you can kill your landlord with no repercussions, and get yourself into counseling tomorrow if possible.
No, you haven't. I asked a simple question: what would you do if a man burst into your home and suddenly attacked you and you had a gun nearby? By not answering the question you are being evasive and disingenuous.Yes, I have.