New Scenario for self defense?

[Guest GLOCK2340]

I was at the lake for the 4th and this scenario popped in my head.....Youre on a houseboat docked at marina, the houseboat is yours, and you have your carry weapon with you. Someone tries to break in the houseboat and you shoot them on the houseboat. What are the ramifications? Is it legal for you to have your carry weapon? If so, could this situation be treated as a home defense situation? I.E....if the BG comes into your house you are "justified". I know that this situation depends on the body of water that we are talking about, so please insert your opinion on legal and non-legal bodies of water. I look forward to the conversation that follows!!!!

[Im Neero]

First clarify where the boat is docked. I would imagine that is relevant to whether or not you can have your gun on you.

[Guest GLOCK2340]

The boat is docked at a lake in TN at a "private", non-state owned, marina.....

[strickj]

If the shooting was just,I dont see any problems with it being illegal.

[Guest GLOCKGUY]

If the shooting was just,I dont see any problems with it being illegal.

i agree

[Guest GUTTERbOY]

The shooting should be justified under 39-11-611©:

© Any person using force intended or likely to cause death or serious bodily injury within a residence, 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, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

And if I understand the Safe Harbor stuff correctly, since the shooting would be justified, you'd be immune to prosecution even if you weren't supposed to have your pistol.

...waits for Fallguy to make an appearance...

[Guest goomba]

© Any person using force intended or likely to cause death or serious bodily injury within a residence, dwelling or vehicle

I agree with gutterboy.

the key word is vehikcle, which IMO would include an ATV, motorcycle, & boats. the castle doctrine for TN would cover you.

[Mike.357]

wouldn't a houseboat qualify as your abode, provided you were spending the night in it or had just spent the night in it?

If so the law should treat it as if it was your home.

[Guest pjblurton]

T.C.A. 39-11-611 describes where you can shoot as:

(1) “Curtilage” means the area surrounding a dwelling that is necessary, convenient and habitually used for 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, that 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 the residence; and

(4) “Vehicle” means any motororized vehicle that is self-propelled and designed for use on public highways to transport people or property.

I think you would be covered under the first 3 descriptions in this case even if the houseboat was not yours. Vehicle would not apply as it specifies "designed for use on public highways"

Edited July 7, 2008 by pjblurton

[Guest GUTTERbOY]

wouldn't a houseboat qualify as your abode, provided you were spending the night in it or had just spent the night in it?

If so the law should treat it as if it was your home.

That was my thought in posting the statute. As indicated above, the houseboat doesn't really fit the description of "vehicle," but I think it at least fits into "dwelling."

[Guest GUTTERbOY]

wouldn't a houseboat qualify as your abode, provided you were spending the night in it or had just spent the night in it?

If so the law should treat it as if it was your home.

That was my thought in posting the statute. As indicated above, the houseboat doesn't really fit the description of "vehicle," but I think it at least fits into "dwelling," and by extension, "residence."

[Guest jwp]

On a TVA managed or controlled body of water?

On an Army Corp of Engineers managed or controlled navigable waterway?

These questions will also factor into your answer.

[Fallguy]

IANAL but IMO I would say your houseboat is a "dwelling" so I feel it would be justified.

Here is a thread about carry on the water.

Seems like if it navigable waterway has a lot to do with it.

[Guest pjblurton]

in the above referenced post Glockmiester posted a letter from the Tennessee DOS

[Guest GLOCKGUY]

in the above referenced post Glockmiester posted a letter from the Tennessee DOS

thanks i think ill keep a copy of this in my boat for now on