Home defense laws

SAMI

Formerly Beardy McGee
Location
SLC, UT
I've heard enough misconseptions in the last few days to really irritate me. In just the last few days i've had a number of people say that shooting an intruder in your own home is against Utah law. WTF? One even said that in the CCP class they took a few years ago that it was explained the you couldn't even shoot an intruder who was armed with a knife or a gun. In what way does this make sense to people? I just don't get it. I've read over the laws after attending a great CCP class, and again looked them over tonight. The laws are quite clear that deadly force can be applied to a home intruder. There is not one word about whether or not said intruder needs to be armed to justify deadly force to stop them..

Does anyone else get this from friends, family, co-workers? It's so irritating to then get into a conversation about it, because everyone has heard a story on the news where the homeowner got arrested, or they heard 'this' from a cop, or they were told 'that' by their friend who saw a guy do a thing...

A dirtbag comes rollin up into my home uninvited and I feel my family is in danger, I will use deadly force to stop that threat. Simple as that. I have the right to do so, and protecting my family is #1 to me.

Here is a law abiding citizen defending their home:
[YOUTUBE]XZ26XdTPIY0[/YOUTUBE]

Why do some people think that's not OK to do? That beats a headline of, "WOMAN KILLED IN ROBBERY....SUSPECT STILL AT LARGE" any day.


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.
 
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muddyjeep

Guest
Sounds like she was justified! The guy deserved it! That is one thing I hope I never have to do! But the way things are headed you never know what will happen!
The way I heard the law, is if an intruder is in your home to cause harm or whatever
you have the right to defend yourself! But just not cool to shoot a guest,
unless he wont leave your Daughter alone LOL! I would not hesitate to shoot an intruder! Or even a car jacker!
 

muleskinner

Well-Known Member
Location
Enoch, UT
Car jacker I believe is a whole other issue, unless they are armed I would just let them have the car. Its not worth it in my eyes to shoot someone if they want my car. However stepping foot into my house means I do whatever it takes to make you dead whatever the consequences to me.

Can I have your car? I won't bring a gun, I promise. My car comes with hollow points and I hate that car;)
 

jdub

Scrambler
Location
Provo, Utah.
The last time that I had an issue with an intruder the cops said that they can't always get to you in time and to take matters into your own hands is justified. Just like those roomies that stabbed the robber down here in Orem just last week. I think that thief's are getting more desperate and more desperate for a fix so you may see more of these circumstances happening and the law-abiders fed up with it and turning the tables.
 

SAMI

Formerly Beardy McGee
Location
SLC, UT
I think the media has a large part on warping what the average citizen perceives as legal and illegal when it comes to home defense. I just can't understand why so many people I've talked to think that defending your home with deadly force is illegal.

As for the car-jacking, I can't say that I would or wouldn't stop someone from stealing my vehicle if I was alone. If my family is in the vehicle, then there would be no hesitation.
 
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lewis

Fight Till You Die
Location
Hairyman
Can I have your car? I won't bring a gun, I promise. My car comes with hollow points and I hate that car;)

If you need it that bad, sure. I have insurance, I will have to tell the cops though that its stolen so the insurance will pay out. Trying to take my car in a nonlethal way brings no justification to take some idiots life in my opinion. Which carjackings are probably hardly ever done without some form of weapon.
 

Herzog

somewhat damaged
Admin
Location
Wydaho
I've always understood that it's legal in utah to use deadly force in home defense, especially if you feel threatened. I think the same thing stands in Texas as well.

I wouldn't hesitate to use deadly force to defend my family inside my home, even if there was a law against it. I'd rather be in jail than have my entire family injured or dead.
 

LT.

Well-Known Member
However stepping foot into my house means I do whatever it takes to make you dead whatever the consequences to me.

Not that I am trying to start a fight or anything but, this is the wrong way to word this. If you were to say these kind of things in court you would be in for more than you bargain for. Instead of saying, "do whatever it takes to make you dead." It should be do whatever is necessary to stop the action. Death is an unfortunate side effect but, stopping the action is primary. I hope this makes sense to y'all.

LT.
 

Mr.Chevy

Registered User
Location
Orem
This is the full 911 call and you can hear them say that she has the right to shoot him. So I say good on her. She did the right thing in my eyes.

[YOUTUBE]<object width="425" height="344"><param name="movie" value="http://www.youtube.com/v/m31ZpQVILRk&hl=en_US&fs=1&"></param><param name="allowFullScreen" value="true"></param><param name="allowscriptaccess" value="always"></param><embed src="http://www.youtube.com/v/m31ZpQVILRk&hl=en_US&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="425" height="344"></embed></object>[/YOUTUBE]
 

Jedisdead

Jed
Location
Wyoming
I've always understood that it's legal in utah to use deadly force in home defense, especially if you feel threatened. I think the same thing stands in Texas as well.

I wouldn't hesitate to use deadly force to defend my family inside my home, even if there was a law against it. I'd rather be in jail than have my entire family injured or dead.

Yep is all I have to say.
 

Tacoma

Et incurventur ante non
Location
far enough away
Trying to take my car in a nonlethal way brings no justification to take some idiots life in my opinion. Which carjackings are probably hardly ever done without some form of weapon.


...and that right there brings it into the realm of justifiable shooting. Were you in reasonable fear for your life? Weapon present = hell yes I was in reasonable fear. I have zero compunction whatsoever when it comes to criminals. They step up with a weapon, they deserve it if they get shot to death for their troubles.

I wouldn't give up ANY of my property unless there was no choice, like I can't get to my gun/knife/my hands are broken. Every situation is different though, and sure, sometimes you don't have a choice... but any chance I do get, the criminal loses if I can help it.
 

RockMonkey

Suddenly Enthusiastic
Better than half the states have similar laws, but not all do. In some states it is not legal to defend your home with deadly force. This is probably where the misconceptions come from. We are lucky in Utah to have such a reasonable law. I wouldn't hesitate to defend my home either.
 

tiny2085

HomeGrown
Location
Two-will-uh
Sounds like she was justified! The guy deserved it! That is one thing I hope I never have to do! But the way things are headed you never know what will happen!
The way I heard the law, is if an intruder is in your home to cause harm or whatever
you have the right to defend yourself! But just not cool to shoot a guest,
unless he wont leave your Daughter alone LOL! I would not hesitate to shoot an intruder! Or even a car jacker!

Are we talking if you are in the car and he's trying to take it, or you wake up and he's in your driveway trying to hot wire it and steal it ?
 

Tacoma

Et incurventur ante non
Location
far enough away
I would say you're in it, and he's trying to get it.

I assume that any robbing bastard out to get your stuff while you're nearby has a plan to deal with YOU as well, and I view that as an "actionable threat" to my life. :mad:

Property crimes turn into personal crimes in a big hurry if you catch them. My instructor asked us all if we would be right to shoot a guy stealing our TV.. No, of course not.. until he raises it over his head to throw it at you. Then he's got a deadly weapon.. like the screwdriver he's using to break into your car.
 

tiny2085

HomeGrown
Location
Two-will-uh
That's what I was hoping some one would say, I've talked to a couple people, and they think they can just start shooting at people willy nilly. So I always ask, if someone starts assaulting you, then stops and runs away, can you shoot them, and they say yes i'll shoot till they are dead. It seems like people hear one thing about shooting an intruder and they automatically think they can shoot everyone.
 
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