Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Am I Allowed to Shoot a Burglar in My Home

    Hello I'm sure this has been an often repeated question but despite my attempts to find it online I have been met with topic that only partially address my current issue:

    I am a resident of California.
    I am currently 21 living in my parent's residence until I return to college in the coming Fall.
    I do NOT carry a gun license. However my father has a gun license for his .357 Magum revolver and has given me express permission to use the gun for protection at home.

    There has already been an attempted burglary in my home by two young individuals.
    Unfortunately one of those individuals live down the street (has gone to Juvenile twice already) but the police were not able to arrest due to lack of evidence.
    He and his friends have been terrorizing the neighborhood using the same pattern. They first knock on a door continuously to establish whether or not there is anyone currently in the residence and if no one responds they will attempt to break in from the backyard.

    Last time my mother and I didn't respond to the door and it lead to the two people attempting to break in but fleeing after seeing I was in the residence.

    KNOWING all of this:

    1. If I do not respond to the door and instead go up into my parents room with my mother.
    2. I call the police and lock the door to my parents room.
    3. If these individuals break down the door and in any way shape or form attempt to harm me or my mother.


    Am I allowed to shoot to kill with the gun that is not licensed under my name but my father?


    Thank you for your time in advance.
    And my apologize for the long initial post. I didn't want to omit any details that might be important.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,886

    Default Re: Am I Allowed to Shoot a Burglar in My Home

    You have a fantasy scenario, and want us to guarantee that at its conclusion you could not be charged with homicide?

  3. #3
    Join Date
    Apr 2006
    Location
    Midwest
    Posts
    2,327

    Default Re: Am I Allowed to Shoot a Burglar in My Home

    Here's a source:

    http://www.gunlawpress.com/ {A good read for you and your "question"}

    http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve (From 197 to 198.5)
    "Stupidity is the only universal capital crime; the sentence is death.
    There is no appeal and execution is carried out automatically without pity."
    Robert A. Heinlein

  4. #4
    Join Date
    Jan 2010
    Location
    North East
    Posts
    1,969

    Default Re: Am I Allowed to Shoot a Burglar in My Home

    No you cannot shoot a burglar in California.

    You can however shoot a home invader.

    The difference between the two are:

    A burglar breaks into a home to steel things

    A home invader breaks into a home to harm an occupant

    What makes you think that a burglar looking to steel things out of your home is going to break down a door to your mothers bedroom and harm ether of you?

    A burglar is looking for jewelry, cash, electronics and easy stuff that they can move, so they can sell and make money. If a burglar were to kick open your mothers bedroom door and discover someone was in the room, they would take off like a bat out of hell. You said this in your original post
    "Last time my mother and I didn't respond to the door and it lead to the two people attempting to break in but fleeing after seeing I was in the residence."
    It is legal to protect yourself from deadly force, but not your home.

    If you shoot someone that isn't threatening you with great bodily harm, you will be charged with a serious felony crime and you will be sued by the burglar or his survivors.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 2
    Last Post: 05-05-2009, 08:39 PM
  2. Police Not Allowed into Home but Come in Anyway
    By NiN in forum Police Investigations
    Replies: 29
    Last Post: 04-30-2009, 08:08 PM
  3. Other Injuries: Crazy Shoot Out Leaves 3 People Injured
    By johnnycash in forum Accidents and Injuries
    Replies: 5
    Last Post: 03-15-2009, 05:10 AM
  4. Weapons Offenses: Can I Shoot A Handgun At Targets In My Backyard In Oakland, California
    By hamsan415 in forum Criminal Charges
    Replies: 9
    Last Post: 04-08-2008, 09:33 PM
  5. Retail Fraud / Shoplifting: Possession of Burglar’s Tools
    By Mark8472 in forum Criminal Charges
    Replies: 1
    Last Post: 10-05-2007, 05:40 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Criminal Defense Attorney
Protect your freedom. Consult a criminal defense lawyer for free.




Untitled Document