took my hcp class yesterday

[Guest glock20]

I took my hcp class yesterday and something the instructor told me i dont think is right so thats why im asking.he said under the castle doctorine that if someone is in your home you have the right to defend it etc.well i knew that.i asked him what if you wake up and suprise the bad guy and he starts to run to the door.i said you cannot shoot him in the back because he is running and now is no longer a threat can you?.he said i was wrong and as long as he was in my house i could shoot him in the back.i just want to know if its true or not.i dont wanna go to jail cause someone broke into my house and i shoot him in the back cause that is what my instructor taught me

Edited February 27, 2011 by glock20

[BigPoppa]

Remember, there is what is not against the law and there is what is a good idea.

Just because you can doesn't always mean you should.

[Erik88]

I believe that if they are in your house you can shoot them where ever you please. Someone else can correct me if I'm wrong. Just because someone has their back to you doesn't mean they are no longer a threat. I'm pretty sure someone can run and shoot behind them at the same time.

[Guest glock20]

probably wouldnt be a good idea unless he is running and shooting behind them.probably a judgement call in the situation

Edited February 27, 2011 by glock20

[Erik88]

I hope I never have to shoot anyone, but if they are in my house regardless of which way they are going, I'm going to send lead in their direction. YMMV

[LagerHead]

I don't know the legal answer but I sure as heck wouldn't shoot a man in the back regardless of where he is. I think the possibility of it being ruled an unjustified shooting is just too high. Why take the chance?

[Erik88]

I don't know the legal answer but I sure as heck wouldn't shoot a man in the back regardless of where he is. I think the possibility of it being ruled an unjustified shooting is just too high. Why take the chance?

because think how quickly someone could go from having their back to you to turning and shooting at you. Why give him/her the opportunity? And also, in all the commotion do you think that you are really going to be able to make that conscious decision that "oh, he has his back to me so I better hold my fire"

Maybe I'm just putting too much thought into this?

[Guest glock20]

i guess the best thing to do would be to keep the gun pointed at his back while he is running till he is gone.that way if he does decide to turn and shoot you already have him engaged.i dunno,to many variables.i just wanted to know the legality of what he said was true or not lol

[memphisjim]

If he is naked in a tootoo doing a hand stand but in your house you can shoot him

[Guest glock20]

If he is naked in a tootoo doing a hand stand but in your house you can shoot him

how can he be naked in a tootoo?

[ftncityfatboy]

seems if someone has there back to you that would indicate their intent to flee thus removing the threat to you. This would make for a great case for an attorney to say the perp was fleeing and you shot him anyway. This is a slippery slope my friends......BTW, IANAN, use your own discretion.

[memphisjim]

You've obviously worn tootoos i wouldn't know

[mikegideon]

If you have a Glock, just shoot him in the ass, and tell the police "it just went off".

[LagerHead]

because think how quickly someone could go from having their back to you to turning and shooting at you. Why give him/her the opportunity? And also, in all the commotion do you think that you are really going to be able to make that conscious decision that "oh, he has his back to me so I better hold my fire"

Maybe I'm just putting too much thought into this?

Maybe, maybe not. Obviously self defense situations are going to be incredibly dynamic and your best judgment is all you have. My assumption was that the OP meant you surprised the guy and he made an obvious move to high tail it out of there. In that case my original statement stands.

i guess the best thing to do would be to keep the gun pointed at his back while he is running till he is gone.that way if he does decide to turn and shoot you already have him engaged.i dunno,to many variables.i just wanted to know the legality of what he said was true or not lol

I found what the law says:

(1) Notwithstanding the provisions of § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where such person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

In other words if you shoot someone you better not say anything about them retreating because then it would be very difficult to defend your actions, specifically that you believed that "the force is immediately necessary to protect against the other's use or attempted use of unlawful force."

[mikegideon]

This has come up in several threads, but it's the first time I have taken note of that specific language. Good to know.

[Guest glock20]

You've obviously worn tootoos i wouldn't know

apparently you dont know when you have clothes on or not.example your tootoo would be clothing

[Gun Smith]

Just because he's got his back to you does not mean he's fleeing the house. He may very well be heading for cover with plans to shoot back.

Can you afford to take the chance? He's already in your home and knows you are to. If he does not exit you are surely in imminent danger. I know there are some "ifs" here, but when the bad guy comes in your home all the "ifs" go out.

[GLOCKMEISTER]

Did you take my class... lol...

the above explanations are a little flawed when it comes to defense of your home.

ya know we have had this question asked a few times in the past few weeks as well. The correct answer is... If the person FORCED entry into your domicile... and was NOT INVITED... then the use of deadly force has already been deemed appropriate in the laws eyes. The courts feel in this scenario you are in immediate fear of your life. Technically you can shoot them in the front, back, or big toe... it doesn't matter. Now what you should do if they are wanting to leave is another thing... simply put... let them leave!

Edited March 4, 2011 by GLOCKMEISTER

[luvmyberetta]

If you have a Glock, just shoot him in the ass, and tell the police "it just went off".

LMAO!!