How do we know that the firearm was unsecured? Maybe the parents have trained the minor in how to defend himself in case a group if lowlifes decide to break in to their house and the firearm was accessible to him in case of such emergencies. It’s a shame that every home invasion doesn’t end like this as far fewer would occur.
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This is what Utah has to say about it.
I think this is a very import part of our law, “the entry is made or attempted”, you don’t actually have to be inside.
76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other’s unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.
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Here is Attorney DeWitt’s Review:
Reporting is sketchy on details, but based on what we know, here is my analysis:
• Legal: Georgia law permits a person in lawful possession of a home to defend against a home invasion with deadly force. The suspects were armed in this case. As a result, there was ample justification to shoot and little doubt on legality.
• Tactical: Whether the home defender dialed 911 is not clear. It appears he engaged the robbers immediately. It is never wise to defend against multiple armed attackers if retreat is possible and police assistance can be quickly summoned. In spite of this, the young man did a good job of causing two of the robbers to flee and terminating the threat from the third.
• Training: Practicing defense against more than one threat, identifying which target to shoot first and shooting while moving are all vital elements of a good home-defense plan.
Does Attorney DeWitt’s review change how you’d react?
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I don’t have any compassion for the intruders, but that poor kid will live with that the rest of his life.
Hopefully he was mentally prepared.
It’s not easy to discuss it with kids, but once you keep firearm between them, they HAVE TO be taught that usage comes with tough consequences.