Quote:
Originally Posted by Baz
(Post 7842262)
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It is absolutely vital to keep these four rules in mind even in a home defense situation.
For those who feel using rubber bullets or rock salt is a good idea, consider this: I will gladly use those types of projectiles as long as the perp agrees to do the same. The chances of the perp agreeing with me are NONE. While I prefer NOT to use justifiable deadly force in a home defense situation, I prefer MORE that unlawful deadly force is NOT used on me.
The way I see it, there are three discussions here:
1. Do I warn the perp who broke in my house or not?
2. What condition do I keep my firearm in: locked and cocked (loaded, one in the chamber, safety on) or cruiser ready (hammer down, empty chamber, safety off), or some other setup...
3. Shotgun vs. handgun for home defense.
I think there are valid points to make for all combinations of the above, since home defense is a very situational scenario.
I have read that there are three measures to a good home defense argument in court:
ability, opportunity, and jeopardy:
1. The perp has to have the
ability to cause death or 'great bodily injury.' The perp may not need a gun to do this -- a 300 lb muscle laden doped up man with a pipe wrench in his hand can put a world of hurt on someone.
2. The perp has to have the
opportunity to use deadly force or cause 'great bodily injury.' If the perp is outside my house and is not attempting to break in, he does not have the opportunity to do this.
3. I feel that my life is in
jeopardy. The perp is not only in my house, but I feel that his intentions are to either kill me/my family or cause 'great bodily harm.'
I live in New Jersey, where gun ownership is frowned upon. (Law abiding citizens who own guns are essentially guilty until proven innocent when it comes to the draconian gun laws this state has). Thus, if someone broke into my house, and I used my weapon on them, EVEN if it was justifiable, I will still be arrested and charged.
The police headquarters of my town is less than a mile from my home, so the police are literally minutes from my home. However, when it takes only seconds for a perp to kill me, minutes away is too long.
So, given my situation of living in the state of NJ, if a perp is in my house, this may be how my scenario would play out:
1. Bring my firearm to the ready while my wife calls 911.
2. If it is nighttime, stay in our bedroom. We have no children, so we can easily take up a defensive stance in our room. If we are not in our bedroom, upon first evidence of threat, we retreat to our bedroom. (There are other scenarios too, of course)
3. Call out to perp - "Who are you? Get out of my house. The police are on the way. I have a gun."
4. If perp does not chose to leave, then I can assume that he has the ability and opportunity to kill us or cause great bodily harm to us. If he is moving towards us, our lives are now in jeopardy.
5. If that bedroom door opens, then justifiable deadly force will be used. No warning shot, no rubber bullets. Justifiable (and legal) deadly force.
My plan may not be the best plan, but I believe it improves my odds of survival, as well as improving my odds of staying out of jail. It is a plan - maybe not the best plan, but I have a plan. When someone is in my house and my adrenaline dump has taken place, I'd rather have some sort of plan to use than to rely on improvisation unless it is necessary to alter the plan. Consider your situation -- is your firearm locked and cocked? In cruiser ready mode? Do you have a shotgun or handgun? Optimize your plan for what tools and situation you have.
-Z