Welcome to the forums @Don 103
Don’t doubt it.
“As is always the case, the best approach when someone is kicking in your door is to retreat to a safe area, call 911 and place as much heavy material as possible between you and the attacker.”
The article read “kicked in … the door”, not kicking.
I understand there is no duty to retreat in one’s own home in FL. The defender’s response appears to be the correct one based on the narrative. Any other option and both would likely be severly hurt or deceased.
If someone is “kicking in” my door my moves would be 1) obtain my firearm, 2) tell anyone in my house to go to the safe space, 3) issue a warning that I am calling the police, 4) defend my house and occupants if the door is breached.
Edit: normally my carry pistol is own my person. Even in my home.
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Isn’t this forum a place where a DA might look to infer that you wanted to shoot someone in self-defense? Using it against you in court.
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Welcome Kevin596.
Hallelujah! May your words be “etched in stone and posted above our bed posts if not on our foreheads”.
I’m still learning as there are so many intricacies, laws and ethics involved. Lots of helpful information as noted above. This one is a tough and complex scenario for me.
IDK:
Laws of threats which occur in your home may differ by state.
Prevention?
Can we help our original victim find safe harbor at a different address unknown to the at risk threat?
Can we well in advance of a risk - pre install special barriers on our windows and doors but still being allowed for us to escape during a house fire?
A big guard dog or two?
Special alarm systems?
Additional well placed non lethal EDC defense tools? ie “wooden bat”?
A couple years ago, went to a free USCCA class - one guest speaker was an attorney. One real case presented, our home dweller was innocent of murder charges but the assailant’s family won in civil court, thank goodness USCCA membership covered the home dweller’s fees.
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Not far-fetched.
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I would do nothing different. I’m not barricading myself in my own home. If someone kicks in my door they will be met with enough force to dissuade them from continuing.
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I live in NC. As it is in many states, we have the Castle Doctrine. I have no duty to retreat in my own home under invasion. I keep a firearm ready when it’s just my wife and me at home. I would not hesitate to use it in that instance. However, North Carolina law also states that if there’s a minor in the home, any firearm must be secured and out of reach. When my grandchildren are in my home, all firearms are secured and out of reach so therefore I would not be able to defend with firearms, but I would still have no duty to retreat. I would still defend as best I could.
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Check the details of that law, and consider asking a local attorney. There is a good chance the law considers a firearm properly concealed on your person as “secured and out of reach” of the minors.
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I received the same clarification when I asked about being in the company of a convicted felon, a cousin who spent time in prison mainly due to a DUI incident.
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Why do you think you cannot defend yourself with firearm?
Doesn’t carry on yourself is considered as ”secured and out of reach”?
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Yes true. “On your person” is presumed legal and not the issue. If I am in my home with minors, and am carrying/concealing—that would be lawful. However I was talking about a different scenario.
On your person is obviously permitted. I wasn’t addressing “on your person.” That would be lawful. I was speaking of a different scenario.
@Joseph681 , you mentioned twice about different scenario.
What scenario you are referring to?
Just saw this, so am late to discussion. There is not a lot of detail, especially concerning time frames. As far is call 911 and hope for best, response times have gotten shockingly longer around the country - but if there is time, yes call them, but don’t rely on that as your solution. If in fact the current BF knocked in the door shortly after GF arrived, then the homeowner did the right thing. I there is more detail, please share it.
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Agreed, but it still bothers me that he wasn’t already armed.
The current boyfriend, a convicted felon, kicked in the defender’s door and attacked him. The defender managed to grab his 9mm
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Valid point.
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I do not condone or sympathize with the attacker’s behavior. (1). Article does not state if the intruder was armed. Article does not state if the girlfriend had already received medical treatment, or timeline. (2). Kinda sounds like the ex-boyfriend and girlfriend were prepared for the violent attack, basically setting the trap with the bait. (3). Options of prior 911 help, or possible retreat, or going to a safe area, or warning the offender during the break-in were not utilized. (4). Yeah, legally ok, but the incident and subsequent death could have been avoided.
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My policy is arm, lock down, call police. If away from home: avoid, evade, cover, defend in that order. A firefight is the last resort. Know how to do it but avoid it if you can.
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