question about a defensive situation

[Guest josh123]

ok so lets say someone breaks in my house and is a threat to me and my family...the intruder has a gun so i shoot him without a HCP.

what are the legalities on this??

this is probably stupid but its been bothering me just wana be safe "just in case"

[strickj]

What difference does it make if the intruder has a HCP or not?

If you are in your home, it does not matter if you have one or not. The HCP for for carrying a gun outside your home. For inside your home, you are covered by TN's Castle Doctrine.

Edited February 14, 2011 by strickj

[Guest hoss6175]

Why would you care what the law says. Protect yourself and your family no matter what the cost. I would rather have my family alive and me in jail than all of us dead.

[DaveTN]

You don’t need an HCP on your own property. An HCP is so you can legally carry off your property.

Would a reasonable person (Jury) believe you (or another) are in immediate danger of death or great bodily harm? If so; you are justified.

Will you be put on trial, will you be sued civilly? You might be, but if you follow the law you probably won’t be.

[Dolomite_supafly]

Keeping your family and you should be the utmost priority.

With that being said it is legal for you to have a gun on you property even without a HCP. Even if you rent the area you rent is still considered your property and as such you can use whatever force is necessary to remove the threat to you or your family.

If you do have to shoot someone in self defense be prepared to be treated like a criminal until the truth comes out. And even then be prepared to have to defend yourself in a criminal trial because it will be up to the DA, not you or LE, whether the shooting was justified or not. And then be prepared for a civil trial because the family of "poor little Johnny" is going to find a pro bono lawyer to try to sue you for killing their precious son who had just turned his life around. There are laws that prevent you from being sued if it was a good shoot but all that is subject to interpretation by someone else.

I have never had to protect my family or I with deadly force but I will avoid it if at all possible but in the same token I will not become a victim. I train constantly and practice daily. I have been in a position where someone, my brother, was coming to my house with an AK to hurt my family and I. In that instance I had prepared myself mentally for what must be done to protect my family. Fortunately LE scared him into the woods before he made it to my house. They had a standoff but in the end my brother was released after a few days in a mental institution. This isn't the first time he has tried to kill us either but in both cases he was able to use the "mental illness" card to avoid any serious jail time. I carry religiously mostly because of my brother and his threats to kill us. Got to love having a MJ, meth, oxy, crack user for a brother.

Dolomite

[mikegideon]

Got to love having a MJ, meth, oxy, crack user for a brother.

Dolomite

And you got to love a system that allows him to run around free.

[adam42]

If you need to protect your family in your home kill the SOB then call the cops and request that they send someone to pick up the body. You are protected by law in Tennessee, someone brakes in your home you can protect yourself and family with as much force as needed.

[RobertNashville]

As has been already said multiple times, you don't need a HCP to own firearms and to have them on your property (or to transport them for the most part). More importantly, my understanding of Tennessee law is that inside your home, you have the absolute presumption that an uninvited intruder IS a threat and you can defend yourself with deadly force.

I would add, however, that common sense is your friend here...3AM and a guy in dark cloths and a ski mask is different than 3PM and a guy carrying a tool box and wearing what you might expect a plumber to wear.

[DaveTN]

More importantly, my understanding of Tennessee law is that inside your home, you have the absolute presumption that an uninvited intruder IS a threat and you can defend yourself with deadly force.

I wouldn’t call it absolute; it’s a presumption not a guarantee. You are presumed to be in danger; but a Prosecutor is free to challenge that presumption.

[RobertNashville]

I wouldn’t call it absolute; it’s a presumption not a guarantee. You are presumed to be in danger; but a Prosecutor is free to challenge that presumption.

I've been told otherwise by John Harris but perhaps I misunderstood.

Of course, whether I misunderstood Mr. Harris or not or whether I understood and Mr. Harris is wrong; there is no denying that DAs can do all sorts of stupid if they want to do so badly enough.

Edited February 14, 2011 by RobertNashville

[DaveTN]

I've been told otherwise by John Harris but perhaps I misunderstood.

Of course, whether I misunderstood Mr. Harris or not or whether I understood and Mr. Harris is wrong; there is no denying that DAs can do all sorts of stupid if they want to do so badly enough.

Well you certainly never were one to hold back… What did John Harris tell you?

My point is simply this… There are no “free Kills†in this or any other state (that I am aware of). Castle Doctrine gives you a presumption and a Prosecutor is free to prove you were not justified.

[Guest josh123]

What difference does it make if the intruder has a HCP or not?QUOTE]

srry didnt mean to word it like this.. i meant if i dont have my HCP..

but thanks for the answers guys thats what i thought i just wanted to make sure...

[mcurrier]

What difference does it make if the intruder has a HCP or not?QUOTE]

srry didnt mean to word it like this.. i meant if i dont have my HCP..

but thanks for the answers guys thats what i thought i just wanted to make sure...

Everyone knew what you meant. That was sarcasm to emphasize the point that, in your own home, hcp is completely irrelevant.