Welcome to Aftermath, a portion of our First Line email newsletter where Attorney Anthony L. DeWitt walks you through a real-life self-defense incident and shares his key takeaways.
A New York homeowner had trouble with a man who had continually harassed him. As a precaution, he took out a “no contact” order against the man for his own protection. Instead of keeping the man at bay, it apparently led him to seek revenge. Early one morning, the homeowner heard noises and believed his home was being invaded. He armed himself to protect his family. As the attacker entered the home, the homeowner shot him and then called the police. The home invader died at the scene.
What legal considerations should gun owners keep in mind when using lethal force in self-defense within their own home?
It all depends on where you live and your State laws. If you feel that your life and or familys lives were in danger pull the trigger, call 911 get all that is needed to the scene , call USCCA Attorney and make no comments until the lawyer is present.
Since there are so many who read these comments and many new to this field, one thing which comes to mind is “reading up on the laws related to this question, but as it pertains to one’s individual U.S. state of residence”.
As the laws per state may differ somewhat.
Maybe set one’s compass to continually learning: Which caliber is best to have in the home, why, thinking about walls, windows, background, friendly fire, etc.
I totally appreciate the discussion about laws, duty to retreat etc. but in the time it takes to read this to this point the entire thing may be over. Over analyzing may very well cost you or your loved ones dearly. Make up your mind now how you intend to deal with such a situation and stick to it.
As our top USCCA top legal advisor Tom Grieve Law in frequent training episodes of the USCCA Protector Academy, YouTube, and X frequently says: “Check your local listings,” With Reference to your state’s laws on theUSCCA Reciprocity Map webpage, app that details the many different aspects of your state’s laws on 2A issues, what is, or is not legal regarding firearms ownership, and carrying open, or concealed with or w/o a permit, etc.
The castle doctrine protect yourself at any situation. Ct havet but is limiting our2nd amen a God Given Rights. Way 10 +1 if the bad Guys hanves in rifle 60 imagine us whit 10 +1 that’s no a magazine problem is the people that s handling the fire Gun give us that Rights to be equal and be ready for action. Let them deal with the r problem we the people.
You have the right to safety within your own home. In a matter of self defense, you must determine whether you actually fear for your life, but more importantly, do you fear for the safety and lives of your family? Your state of mind is critical to investigators, but equally important to your future mental well being. It is easy enough to say that you were legally justified in shooting a threat. Only you will know whether or not you were morally justified? In my many years in law enforcement I disarmed many assailants that I could have legally shot. When it was necessary to shoot, it was to protect the life of an innocent person (I counted myself as one of those) and there was no other reasonable alternative. So, I not only met statutory and case law requirements; I satisfied my own conscience. The decision is made in less than a heartbeat, but the result lasts a lifetime. So, be trained; be prepared; be justified.
One option many of us have is a shotgun, but how is it loaded? We need to consider what happens to pellets that don’t hit the intended target.
I have the extra challenge of living on the third floor of an apartment, so others live next door, across the hall, and below me.
In researching home defense with a shotgun I have opted to load, in reverse order of course, #8, #4, #4, #00, and finally a slug. My logic is that the #8 may be adequate to disuade an intruder and cause them to flee, fine with me, and even my walls will stop it. If they don’t tun tail, I have two rounds of #4 shot that would definitely bring down an intruder, without much danger of thru wall penetration. Still coming, we move to #00, like half a magazine of 9mm, but knowing the layouts of neighboring apartments puts four wall between my barrel and them, two that are also stuccoed, and finally the slug. I can’t imagine anything reaching the slug stage alive at the ranges we’d have reached by the #00 shot, especially given that the second #4 would be towards the head and neck.
My shotgun is semi auto so the 35’ from my bedroom door to the front door, and with the pause I anticipate each impact should cause, 35’ should be more than enough space to empty the shotgun if needed.
Your walls May NOT stop #8. Just understand that if your walls are Sheetrock walls, that “ALL” Shotgun Rounds/Pellets will shoot thru ALL your walls. If your walls are sheetrock. Even as many as 4 walls or more. Even #8 shot. See Testing Videos on YouTube. Also I have shot a 9mm Pistol thru 8 - 1gal jugs of water - lined up in a row. So a 9mm will penetrate ALL your walls also. Also remember the Rule of 3’s in Defensive Shooting. Avg gun fight = 3 Shots Fired, in 3 Seconds at 3 Yards.
ALSO - CONCERNING - 12GA 00 BUCKSHOT - 00 BUCK IS A SHOTGUN SHELL THAT CONTAINS 9 EA - LEAD PELLETS THAT ARE “EACH” ESSENTIALLY THE SAME SIZE AS A 9MM BULLET. SPREADING OUT THROUGHOUT YOUR HOUSE. AND - EACH OF THOSE PELLETS WILL SHOT-THRU AT LEAST 4 SHEETROCK WALLS. SO - POTENTIALLY - VERY DANGEROUS TO ANYONE IN THE HOUSE WHO IS DOWN-RANGE, OTHER-SIDE OF A WALL, OR “WALLS”, ETC.
doctrine protect yourself at any situation. Ct havet but is limiting our2nd amen a God Given Rights. Way 10 +1 if the bad Guys hanves in rifle 60 imagine us whit 10 +1 that’s no a magazine problem is the people that s handling the fire Gun give us that Rights to be equal and be ready for action. Let them deal with the r problem we the people.