Man. Why are none of you guys comprehending what you’re reading ? I’ve typed it ten times now. Last time. You are not protecting property with deadly force if someone is advancing toward you with a crowbar. Period. Your life is being threatened. You are defending your life. And the idea that in most states you are not allowed to have a gun on you while you confront a guy breaking into your garage is also patently absurd.
The OP has already been told he would have been justified to shoot the guy, as his life was being threatened. That’s the end of the story. And it’s damn sure the end of my participation in this thread. It’s like talking to a wall.
It is not a comprehension issue it is the laws in other states and the way these laws are interpreted and enforced in other states. I know what you are saying, "it don't make common sense and you are right" but that is what we have to deal with. Its all technicalities that end up being determined by a court of law for each instance that comes before them. They aren't even consistent with the rulings as alot of times the judge/and or jury's beliefs or leanings pro or anti 2A comes into play.
Let me break it down using the laws in my home state of NE and I will preface this by stating that we have a duty to retreat law except in our home (castle doctine) and our home means inside the physical abode, your outside private property is considered in public.
"I recently had an attempted break-in in our home Deland Florida. The perps were teenagers they tried to break into the agrage my house alarm went off. the keypad said that the side garage door was a jar. the wife and i have drills for these types of situations. We went out the front door with pistols at ready.
Big red flag 1: You left your castle so castle doctrine does not exists, it is now in public and the rules are different even on your own property.
Big red flag 2: In most states by going out the door with pistols at ready you are "DISPLAYING" deadly force and haven't yet verified that a threat exists and what it is. Brandishing a weapon is considered "DISPLAYING".
We confronted two kids with a crowbar and one kid waiting in a running truck. I told them to halt and put the crowbar down. they started to approach us.
Big red flag 3: By confronting them with weapons it was initiated by the homeowner regardless of the reason (you were attempting to stop a break in) and by law you can't use deadly force in a situation you initiated.
I fired three shoots in front of them into the ground.
Big red flag 4: You just "USED" deadly force and at that point they were presumedly guilty of breaking and entering and trespass.
The driver screamed get in the truck. they got in then backed away from us and sped off. the cameras got video of them. They also left finger prints on the garage door and our vehicles. They were apprehended five days later. As a responsible EDC that was the choice we made in 7 seconds. We are very happy they did not approach us and they chose to get in the truck as ordered. And we belive their parents are too."
I understand your argument and the naysayers are applying their state's laws to the situation as I just showed ours. BUT in all fairness, this happened in FL so the only laws that matter are FL laws and on that front you are absolutely correct. Unfortunately, most of others live by far stricter laws enacted by our prospective states.
