^^^ Wrong. He invaded the personal posession. Later, QD.
^^^ Wrong. He invaded the personal posession. Later, QD.
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Wrong, under old law he used more force than was nessasary. The guy had no weapon and was not there to cause physical harm...so shooting him was using way more force that the situation needed. But under new law then you are right!Originally Posted by Stretch®
Okay i am lost are we argueing the new or old law?
Right. Under the old and new law. The attacker entered, uninvited, into the personal property of Ruiner. The man was entering and not exiting. Ruiner was within his rights. Later, QD.
FOR MORE INFO, CLICK THE PIC!!!
Wrong! Under the old law, I am okay as I am in my HABITATION! I do not have to retreat in my habitation. The new law only really affects PUBLIC places.
How do you know that he was not there to cause physical harm? Notice the bolded part. How do you know? Maybe I stopped him before he could. Are you willing to be your life on that? Are you?
AIM: RuinerTT
2005 Nissan Pathfinder LE
Was he twice your size, with 2 or 3 friends each twice your size, with either a gun or knife or bat or crow-bar on him. Did he have a weapon? Or did he just open the door and ask you to get out of the car? Was anything he did violent?
Still if you where in your house with the old law, and someone came in through a door you left open with no weapons and was there for the intent to steal, and you had a door in between you and him, you cant jsut pull a gun and start shooting.
If someone kicks my door in, I can. If someone is going to commit a felony, I can. If I feel a "risk" to my safety, I can!
How come you cannot understand this? My father was a judge for 20+ years. I will take his word above yours. Sorry, but you lose here.
It doesn't have to be violent, let me bold as he satisfied ALL of the bolded parts which allows me to shoot, correct? Yes or no?
16-3-23.
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other´s unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;
(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
AIM: RuinerTT
2005 Nissan Pathfinder LE
[QUOTE=Ruiner]If someone kicks my door in, I can. If someone is going to commit a felony, I can. If I feel a "risk" to my safety, I can!
How come you cannot understand this? My father was a judge for 20+ years. I will take his word above yours. Sorry, but you lose here.[QUOTE=Ruiner]
dam dud ei am not disagreeing with you but under certain circumstances you have to prove your actions and the way you prove them probably wouldnt stand up in court! I mean if someone jsut walks up to you and says get out of your car, with no aggressive manor, and no weapon and you put one in him that is way beyond excessive force, becuase you had a gun which you could control the situation without having to use any force!
He DID NOT walk up to me! He opened my car door and got INTO my car. Thus, he satisfies the "entering into my habitation illegally" aspect that needs to be satisfied! He DOES NOT need a weapon at that point. If he gets INTO my car and then tells me to get out, he is doing an attempted carjacking weapon or not!
AIM: RuinerTT
2005 Nissan Pathfinder LE
So are you supposed to wait and see what happens? When someone I don't know is headed for me and starts climbing in my car without being asked to, I'm not waiting for shit.
Also, the guy actually got in Ruiner's car. Not just walked up and said get out. Lolol. Later, QD.
FOR MORE INFO, CLICK THE PIC!!!
I'm confused as to why you included the words I put in bold? Open or not, entering is entering. Explain, dude. Later, QD.
FOR MORE INFO, CLICK THE PIC!!!
Correct! If he came in, door open or not, it is breaking and entering in the law's eyes...
AIM: RuinerTT
2005 Nissan Pathfinder LE
Just saying if you left your door open on a mid afternoon summer day for some air and someone walks up and comes into your house to steal something with no weapon you jsut cant start shooting them and expect to get away with it. You still could not use more force than the situation required!
Umm, if what he is stealing is enough to categorize it as a felony, you can.FELONY is the word. Read the law yet again. You do not have to let him just "walk out".
AIM: RuinerTT
2005 Nissan Pathfinder LE
point & warn ..
NY STAY HIGH !!!
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