Question about self defense in your home

[TMF]

Y'all have more faith in the reasonableness of DAs than I do. I've seen some pretty silly charges filed.

Are there many documented cases where Tennesseans were charged in an SD shoot in their homes? Other than cases that were shady? I know it happens all the time in freedom hating states but haven't seen any stories in TN. In fact, I've seen a bunch where folks probably did break the law, such as shooting at fleeing suspects, and they still weren't charged. The DA still has to depend on jurors to convict someone, and I don't see that happening in a state full of folks that believe in defending themselves. That's a lot of money to waste on the Government side for a case they won't win, hence short career. Not to mention the outrage from voters the next time the DA is up.

I'm not losing sleep over any of it anyway. If I am considering the legality of whether or not I can shoot then I'm obviously not in fear for my life or the lives of my family and therefore not justified using deadly force. The question folks should be asking themselves in a situation like that shouldn't be "can I" it should be "do I need to?"

[mudstud]

I have the bad luck of haveing to look down some else barrel twice in the past.One time

I was car jacked after school.The feelings that run through you are so powerful that it is

hard to describe.I got mad and was showing my anger the guy racked one in to show me

his was in charge and he was at that point. The other was a wrong place and wrong time thing.

If I find some one in my house I can not tell what I am going todo just hope God gives me

a clear head to make the right choice

[Fallguy]

Under 39-11-611. Self-defense.

[2] [C] [c] Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

Better make sure they are not Law Enforcement:

[d] (4) The person against whom force is used is a law enforcement officer, as defined in § 39-11-106, who enters or attempts to enter a dwelling, business, residence, or vehicle in the performance of the officer's official duties, and the officer identified the officer in accordance with any applicable law, or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

More complicated than one might imagine.

The key part is in bold...

Law enforcement better make damn sure they announce themselves before they enter my home at 3am.

Yep

Edited June 9, 2012 by Fallguy