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To: Red_Devil 232

Thanks for posting that law. It makes it pretty clear that the homeowner had better be *inside* his dwelling to be taking lethal force into his hands.

The one change I would make would be to eliminate the section you bolded. Are homeowners supposed to read minds in the midst of a home invasion? Or is the commission of the felony of breaking and entering enough to lead one to reasonably believe that further felon offenses will be committed once the intruder gains entry?

This law could be made simpler and clearer for the homeowner(s):

“YAnyone who forces their way into your residence without the authority of law operating under a warrant to search or arrest may be presumed upon gaining entry to have intentions of inflicting death or great bodily harm to one or more of the occupants. Any lawful occupant is justified in using any degree of force to stop the intruder inside the dwelling.”

Period, end of discussion. Simple, clear, bright line at the threshold of the door. If he’s outside and you’re inside, no shooty. If he opens the door and steps inside, commence firing.


67 posted on 11/09/2007 10:26:34 AM PST by NVDave
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To: NVDave
The only reason I bold that section "if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence" was that any smart homeowner would automatically assume and reasonably believe (and claim to Law Inforcement) that an intruder in his home intended to commit a felony/physical harm and the intruder was shot dead because of that assumption.

One question, does the definition of "home" or "residence" include the property surrounding the home and out buildings?

82 posted on 11/09/2007 10:49:57 AM PST by Red_Devil 232 (VietVet - USMC All Ready On The Right? All Ready On The Left? All Ready On The Firing Line!)
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