ok, so a resident shoots an oncoming intruder

[1pointofview]

recently in franklin, a family living in an apartment had someone force their way into an enclosed back porch and was shot by the resident. So my question is if the scenario is exactly this, someone busting through a screened in porch with the intent to enter the home is the porch not apart of the home?

I guess it all depends on if the individual had a weapon on him and was close to entering the residence but the porch thing has me scratching my head. would it not be the same as someone breaking into a garage which is apart of the property?

[Curiousgb]

My understanding is the "Porch" is part of the residence/dwelling therefore it the perp would have established intent and if would be legal for the resident to protect themselves.

[bigwakes]

WSMV: Police: Intruder shot during attempted break in

No charges are mentioned, but legally he was not in the home so I'm not sure this falls under the castle doctrine. I did speak with a Williamson County DA that basically said the circumstances would have to be really bad to charge someone with shooing a criminal in the act of a crime.

Edited September 4, 2011 by bigwakes

[QuietDan]

Nothing good happens after Midnight. This was 3:20 a.m. according to the story.

Even if the perp was drunk, drunk, drunk, and trying to get into someone else's apartment thinking it was his own, I'm thinking if the residents were in fear for their lives, that shooting him would be justified.

Also here:

Man Shoots Home Intruder - NewsChannel5.com | Nashville News, Weather & Sports

and here:

Saturday Crime Log | The Tennessean | tennessean.com

Edited September 4, 2011 by QuietDan

[durtyzulu]

I would like to start off by saying I will do anything I can to avoid a fight. But if it comes to down to it, I'm gonna win or die trying.

One of the freedoms that we enjoy as Tennesseans, is that not a lot of the guys responding to a 911 call made after a legally armed home owner makes after perforating an intruder armed or otherwise sides with the bad guy. I've taken a few of those calls. Which I feel are justified. I've taken alot where I've felt the majority of them were nothing more than inappropriate use of deadly force. Shooting a dude fleeing the scene after you catch him trying to steal an air conditioner will nowdays potentially put you in a heap of legal trouble and isn't appropriate use of force. Shooting a dude clad in black dickies that follows the brick-o block he just threw thru your living window while you're watching the passion on blu ray, is understandable. That would scare the hell outta me! I just want my fellow gun folks to use sense and stay safe!

[southernasylum]

Scary, I use to live at that apartment complex.

[Oh Shoot]

Porch, even with lock on door, might be iffy, gents. Unless you are on it at the time of the break in.

If it's a porch that has been enclosed to make a living area, probably different story.

I'd advise wait till actual domicile proper is breached, then it's pretty clear cut.

- OS

Edited September 4, 2011 by OhShoot

[zapfbroad]

Details are kinda scarce here but if I remember there was a case that set precedent or perhaps it was an informed opinion that said... even if the perp had not yet entered the front door but if intent was clear & Imminent & fear for your life existed, a shot Through the door was still justifiable self defense in the castle doctrine and u didn't have to wait for actual entry. I think its pretty gray & id want a clear shot myself. Anyone know/remember for sure?

via EPIC4G SRF1.1.0 by Android Creative Syndicate

[Curiousgb]

SECTION 1. Tennessee Code Annotated, Section 39-11-611, is amended by

deleting the section in its entirety and substituting instead the following:

(a) As used in this section:

(1) “Curtilage” means the area surrounding a dwelling that is

necessary, convenient and habitually used for the family purposes and for

those activities associated with the sanctity of a person’s home.

(2) “Dwelling” means a building or conveyance of any kind,

including any attached porch, whether the building or conveyance is

temporary or permanent, mobile or immobile, which has a roof over it,

including a tent, and is designed for or capable of use by people.

(3) “Residence” means a dwelling in which a person resides

either temporarily or permanently, or is visiting as an invited guest, or any

dwelling, building or other appurtenance within the curtilage of such

residence.

(4) “Vehicle” means any motororized vehicle that is self-propelled

and designed for use on public highways to transport people or property.

http://tennessee.gov/sos/acts/105/pub/pc0210.pdf

[vontar]

Curiousgb said it all, I started reading this and I remember a post that either OS or Jamie made about that deputy. I believe it was that case where a FL man shot that deputy at the front door and it was considered still on the front porch.

Just cover your entire yard with a TENT attached to your home, problem solved.

[RobertNashville]

At 3somethign AM in the morning; I'm not going to wait until someone makes it into my living room before I take action to stop the threat...just saying.

[Oh Shoot]

....

(2) “Dwelling†means a building or conveyance of any kind,

including any attached porch, whether the building or conveyance is

temporary or permanent, mobile or immobile, which has a roof over it,

including a tent, and is designed for or capable of use by people. ...

Good catch. Though I've read the statute any number of times, I have overlooked the "porch" specific part of the definition.

I stand corrected. Fire away.

- OS

[Just2Honor]

What if the BG is on my uncovered deck, at the back door, at 3 am, rattling the doorknob?

[Curiousgb]

Good catch. Though I've read the statute any number of times, I have overlooked the "porch" specific part of the definition.

I stand corrected. Fire away.

- OS

Thanks for making me look it up. It is always good to have these things fresh in ones mind.

[Curiousgb]

What if the BG is on my uncovered deck, at the back door, at 3 am, rattling the doorknob?

My back door has a roof over it. :0

[DaveTN]

Would a reasonable person believe you are in immediate danger of death or great bodily harm?

Sounds like a home invasion to me.

Personally I would engage the perp and see what it does.

Castle Doctrine is not always required to shoot someone that is trying to hurt you.

If you can shoot through a door and kill an innocent kid; I think you will probably be okay killing a home invader.

[Just2Honor]

Should have said that my door has window panes in the top portion. I would see who was at the door.