mrostov said:Yeah, breaking into a house in Arizona is to literally take one's life and cast it upon the winds.
Legally, breaking into any occupied dwelling, assault, rape, car jackings, etc, is considered grounds for lethal force, irregardless of whether or not the perpetrator is armed, no retreat required, no limit on the number of rounds fired or the type of ammunition used (hollowpoints, flechettes, whatever suits your fancy). Coup de gras and stuff like that is generally a no-no after they are already down, and is frowned upon if it's obvious. If the cops show up and there's some perp - usually with a prior criminal history - laying dead with six .357magnum hollowpoints in him, they'll generally consider it saving the taxpayers a lot of money and themselves future trouble. Even if you are not the one being offended against, like say you see a woman in a parking lot being brutally raped, you can whip out your pistol and send the perp(s) to the hereafter.
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Our state laws (Minnesota) are similar - regarding use of force in occupied dwellings. Citizens have the right to use deadly force to prevent the commission of a felony in their place of abode. As burglary (the act of entering) is a felony in and of itself - once your perp is in - he or she has crossed that threshold (oops, a pun).
Deadly force is defined as action which the actor should reasonably know would cause great bodily harm or death. This includes shooting at any occupied vehicle (in other words, you don't shoot out the tires just to stop a vehicle vis-a-vis many television shows).
You also have a right to use deadly force to prevent the commission of an act which a reasonable person would believe would cause great bodily harm or death to the actor or another.
As a practical matter, a local lodge owner shot and killed a young boy who was burglarizing his lodge. He shot him in the back as the boy was trying to get away through a window. He ended up being charged criminally, and his lodge was sold to pay a portion of the substantial civil liabilities.
Even if he hadn't been charged criminally - the civil liabilities - in any state - are a huge consideration. If you want to keep your goods - and not end up handing your paycheck over to some deadbeat for the rest of your life - make very sure shooting is the only way out of the situation.
A matter of common sense. First of all, the lodge wasn't his place of abode. Second, he knew the kid, and was just so upset with continued burglaries, that he shot, though the kid could have been easily tracked down and charged. Third, if your perp is trying to escape - he's not a danger to you. You have a right to protect yourself, not a license to execute. Never shoot because you think someone deserves to die. Only shoot if it's the only way for you (or another) to live. Deadly force laws are not carte blanc to shoot people.
(Most) Americans have the right to bear arms, but they also have the terrible responsibility of doing so in a safe and responsible manner. Most of us do fine. A very small minority make all the press. A good many of us, in rural areas, have lived around guns, and used guns, all of our lives - and wouldn't give them that much thought - if it weren't for the big city mass media.
PG