Home defense laws

[Tacoma]

It would be nice, but alas.

 

[SAMI]

If I were just attacked in my home, and the Dbag is now running toward the nearest known exit, I hope that I would not shoot. However, if the Dbag started running deeper into the home where my family is, he still poses a threat to my family. The last thing you want is to provoke a hostage situation involving your wife or kids, so you take that SOB out ASAP.

As for a car jacker, I have OC spray that I would likely go for before my .40 tool, so long as he has no visible weapon in his hands. If there's a bat, crowbar, knife, gun, i'd be more inclined to introduce my handgun.

But, I guess you can never really know until you're staring the situation in the face deciding what your next move will be.

-Jason

 

[Tacoma]

But, I guess you can never really know until you're staring the situation in the face deciding what your next move will be.

-Jason

That's for sure.

 

[tiny2085]

I just got done shooting with a bunch of buddies, from .22 - .308 - to a 7.62X39 chambered AR15. and a kel tec .223 pistol. I would use any means necessary to STOP an intruder.

 

[D94R]

So I always ask, if someone starts assaulting you, then stops and runs away, can you shoot them, and they say yes ...

Look at it this way though. The people you ask and give the "hell yah, I'll shoot them till their dead, then shoot them some more, bury them in my back yard, dig them up, then shoot them again" kind of answers are usually just talking out their ass.

Now, on the other hand, think about this. You're being assaulted by a guy with a weapon (say a guy with a gun sticking you up in an alley), and you pull yours, he chicken shits out and runs. Is he still not a threat to you? He can very well duck behind that dumpster and fire down on you. At that point, what is "wrong" with shooting them. Is it the moral debacle with "shooting someone in the back"? If I'm in that situation and the guy turns tale, whether or not he meant to use his gun, sure as hell I'm pulling mine to use it. That guy is still a threat.




Back on original topic though. The lawful ability to shoot someone intruding in our house is great, except for the lack of civil protection from lawsuits. What we really need is a Castle bill/law/doctrine to protect us from such trivial pursuits. They are proposing legal "brandishing" (though brandishing as a legal term or law doesn't exist now as it stands) why the hell can't we get a simple Castle law?

 

[Drew_XJ]

here is the code

 

[rollover]

Utah Code
Title 76 Utah Criminal Code
Chapter 2 Principles of Criminal Responsibility
Section 405 Force in defense of habitation.


76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

Amended by Chapter 252, 1985 General Session

 

[PBandCJ]

I had read that some states you had to move away until you had no where else to go before force was used (something lame like that but it's been a decade or more)

 

[solidfrontaxle]

Look at it this way though. The people you ask and give the "hell yah, I'll shoot them till their dead, then shoot them some more, bury them in my back yard, dig them up, then shoot them again" kind of answers are usually just talking out their ass.

Yes, thank you! I couldnt agree more. I had an intruder wake me up in my house a while back, he was blitzed out of his mind and apparently escaped from jail. He jumped my fence and came in my backdoor. After he woke me up he realized he was in the wrong house, and quitely and non-threateningly left (luckily for me, because I was so out of it when he woke me up I wasn't alert enough to even know it wasn't a dream). Everyone I've told about that claims "I would have shot him dead. If someone like that comes in my house, I'd blow his head off." Now I would have too if I felt in danger (and was alert enough to even think to grab a gun), but when I actually did come to my senses and realize what happened, I was seriously scared, not for my life, but that I might have had to kill someone. Theres no way I could take a life just because I could get away with it.

Hell yes I will defend myself, but ignorant comments like that make me think all the people I know actually want to kill just because they can get away with it. Besides living with the guilt of killing a person that was not a threat (and I personally believe there are serious consequences for this whether you get charged or not), they say that even if you are totally within your rights to kill someone to defend yourself, you can count on spending on average $50,000 to deal with the legal aftermath.

Its a tough decision to make and one you have to make fast. Hopefully it will be one you'll be able to live with.

 

[my4thjeep]

You are justified in shooting someone who is unlawfully in your house.

1 (a) is met by entering your house by stealth
1 (b) is met by unlawful entry is burglary and is a felony in Utah

2 Is more complicated and will be decided by who gets picked for the trial.

In a lot of the training I have received everyone says shoot them dead in the house it makes it easier for the civil trial. You become the only witness.

Utah has one of the nations leading gun defense attorneys. His name is Mitch Vilos. He has written several books on the subject. Read them they are very informative. He is also the person you should call if you shoot some one.

I met Mitch at a Glock Gun Fighting Class at Swanson Tactical Center. He is an avid shooter and is the only civilian to go through SWAT training and pass as a civilian in Ogden. Mitch's website http://www.firearmslaw.com/ I have also seen him speak on the subject at a conference.

 

[D94R]

I had read that some states you had to move away until you had no where else to go before force was used (something lame like that but it's been a decade or more)

Duty to retreat. Utah doesn't have one of those, we have common sense (though depending on subject at hand, that's HIGHLY debateable lol).


You'd find that law (or whatever it is) in places like Chicago*, or DC*, or other places where the law makers place the lives of the criminals before the lives of the innocent.



* I don't know if those places specifically have the duty to retreat, I just used them as a general idea of what kind of places to expect such idiocy from.

 

[Hunt]

I live in New York at the moment but I grew up in southern Arizona. My full time residency is still AZ, thus my drivers license and CCW are there as well. I still own some ground near my folks ranch and that keep everything legitimate.

I guess what I am getting at is that AZ is very gun friendly but NY is not. I don't really consider myself a rule breaker but I would rather be judged by 12 than carried by 6. Thats all I have to say about it.

 

[TonyM]

I'm glad I live in a state where Castle laws are respected, and taken seriously. Just an example of why firearms are an essential piece of the household.... liken them with a wood stove for heat....

http://www.adn.com/2010/03/15/1184192/woman-shoots-ex-boyfriend-in-fight.html

 

[Tacoma]

I live in New York at the moment but I grew up in southern Arizona. My full time residency is still AZ, thus my drivers license and CCW are there as well. I still own some ground near my folks ranch and that keep everything legitimate.

I guess what I am getting at is that AZ is very gun friendly but NY is not. I don't really consider myself a rule breaker but I would rather be judged by 12 than carried by 6. Thats all I have to say about it.

Can't say I blame you. I moved out of NY because of stuff like that. I didn't mind Carmel, but you're not that far from Poughkeepsie, and wonderful Middletown LOL . I honestly don't know what is wrong with some of the city folk in NY.

 

[spencurai]

The two things my CCW instructor drilled into us were that it is your DUTY to de-escalate and to stop pulling the trigger when there is no longer a perceived threat.

de-escalation doesn't apply that much here but if someone breaks into your house and the entry wounds start in the front...moving around the side...and ending in the back then you have to explain why you were shooting someone that was fleeing from your defense.

There are two things in the legal system that you have to fear. You can be 100% free from criminal charges but the family of the idiot deceased can file a civil lawlsuit. Remember how the OJ Simpson case went down. He got off the criminal deal and got his life completely destroyed financially by the civil case. OJ was guilty and we all know that but the lesson remains. If you shoot someone down in your house you had better make it clean and without continuing malice after the fact because if they can prove you went batshit crazy afterwards then you might get your house and belongings turned over to the deceased's family.

You get some chest thumping gun dorks out there that just cant wait to get an excuse to shoot someone down. I hope that day never EVER EVER EVER comes. I hope to never be forced to use my firearms against another human being and every person that gets a gun for self defense had better drill that into their heads.

 

[Tacoma]

I'd like us to be immune from prosecution if it's a justifiable shoot. It's BS that anyone gets to sue after the fact.

I'm with you, not wanting to have to shoot someone, EVER.

 

[SAMI]

^Agreed!!

I really hope I never have to shoot anybody.. But in the event of a home invasion, would you rather wield a High Point .40 carbine/Keltec200 (.40 carbine), or a 12 gauge shotgun - 95% Mossberg 500? Perhaps dumb question.. Trying to figure out my next purchase..

 

[Tacoma]

I'd rather shoot in MY house with a shotgun, due to kids around. I suppose realistically, shotgun loads aren't going to have much LESS penetration through drywall.. . Pistols are hard to shoot when you just wake up, in the dark. Shorty shotgun with a SureFire forend? Awesomeness cubed, and super helpful. They aren't kidding when they say "Light as a weapon".. I was blinded by one of their smallest lights. Anyway, it's an advantage.

Then again, pistols are short and harder to grab, and you can't see the night sights from the muzzle end.