You may be locked, loaded, but can you legally shoot?

[The Legion]

Link to Video:

 

http://www.wmcactionnews5.com/story/29108286/you-may-be-locked-loaded-but-can-you-legally-shoot

 

 

You may be locked, loaded, but can you legally shoot? The WMC Action News 5 Investigators are taking a
look at the gun laws in the Mid-South to find out what you can do to protect yourself.
 
Every week in neighborhoods all over the Mid-South, home owners are taking matters into their own hands.
 
"I have entered your home by force and that is not acceptable," says gun instructor and law enforcement officer Chris Fowler.
 
Fowler says before you make the decision to shoot an intruder - you better know the law.
 
The laws are different in every state.  In Tennessee and Mississippi, you can use deadly force in self-defense. In Arkansas, you cannot use deadly force if there is a safe place to retreat.
 
"In Tennessee, you can't use deadly force to protect property, life but not property," Fowler explained.

"What we don't want to do ever is shoot through a door," Fowler added.  
 
Fowler says if an intruder is trying to get in your front door or a window, it does not give you the legal right to shoot.
 
"Until they make the breach, until they enter, you shouldn't shoot," says Fowler.  
 
The intruder must enter your home before you pull the trigger. You can't just shoot a person for coming onto your property.

Tennessee's Castle Doctrine allows anyone with or without a gun carry permit to shoot an intruder who unlawfully comes into your house,
a house or building you're visiting or your vehicle.
 
“Your vehicle is an extension of your home," says Fowler.   
 
Last week a man shot and killed an attempted carjacker in Orange Mound.
 
That victim ended up in the hospital when another man tried to rob him, opened fire, and took off in the victim's car.
 
"If you are in fear of death or bodily injury, you can use a gun to defend yourself,” says gun instructor Chip Holland.
 
Holland says the only time you can use deadly force inside your car is if you feel personally trained. The laws do NOT protect property.
 
For any of it to be legal-- whether in your home or in your car-- you must fear for your life before you pull the trigger.

[Oh Shoot]

"If you are in fear of death or bodily injury, you can use a gun to defend yourself,” says gun instructor Chip Holland....

Note: a couple of very important words left out of that for use legal of deadly force in TN, and most other states: those words are a reasonable fear of imminent death or serious injury.

 

And remember, it's not ultimately your call as to whether the threat was imminent and/or whether your fear of it was reasonable.
 

...Tennessee's Castle Doctrine allows anyone with or without a gun carry permit to shoot an intruder who unlawfully comes into your house,
a house or building you're visiting or your vehicle.

 

Note: that is generally true, but the situation can quickly evolve to where that no longer applies. You have the default assumption of having met the "reasonable fear of imminent death/serious injury" as per above, but the actual scenario could prove to be different.

 

It it not an an absolute blanket permission to execute anyone.
 
- OS

[10-Ring]

OS is right, AGAIN!  My 86 year old grandmother, who lives alone, secluded, at the end of a road, had that old school thing stuck in her head that I've heard old folks say before, "you can't shoot them till they're inside so if you shoot them outside you need to drag them inside."  I told her "You are 80 something years old living alone out here, once they try to gain entry start shooting and don't stop until you are out of bullets.  If you kill them all there isn't a jury in the world that is going to make you do time over it."  The wording of the law really does leave this one up to be decided on a case by case basis.  Although I think that grandma would be fine to go ahead and shoot in that scenario, someone like myself may not stand as good of a chance of getting away with it.

[peejman]

It's important to know the laws where-ever you are.  I've heard/read some folks regularly say... "I'm too old to fight, I'll just shoot ..."  That's not necessarily the best choice.  https://tacticalprofessor.wordpress.com/2015/04/23/decision-making-in-the-kimball-shooting/

 

Granted, Maine law includes a duty to retreat where TN law doesn't but still, it's a good illustration of how things can go sideways. 

[monkeylizard]

 
Holland says the only time you can use deadly force inside your car is if you feel personally trained. The laws do NOT protect property.
 

 

I think the word they're looking for is "threatened", not "trained" and even then it's wrong. It doesn't have to be you personally. Lethal force can be employed inside your own car to protect the life of another.

 

 

I understand what the guy is trying to say, but he says it so poorly that this whole story became a giant train wreck of misinformation and partial facts.

 

"What we don't want to do ever is shoot through a door," Fowler added. 

Ever? Really? He can't envision a scenario where someone is standing outside a glass patio door aiming a firearm at the resident through the glass? But they should wait until the perp shoots out the glass then shoot back? No? Wait, what? The resident needs to wait until the perp steps over the threshold? Umm.....no. That is incorrect. No soup for you!

 

As OS said, imminent and reasonable are the critical words.

[Omega]

Note: a couple of very important words left out of that for use legal of deadly force in TN, and most other states: those words are a reasonable fear of imminent death or serious injury.

 

And remember, it's not ultimately your call as to whether the threat was imminent and/or whether your fear of it was reasonable.
 

 

Note: that is generally true, but the situation can quickly evolve to where that no longer applies. You have the default assumption of having met the "reasonable fear of imminent death/serious injury" as per above, but the actual scenario could prove to be different.

 

It it not an an absolute blanket permission to execute anyone.
 
- OS

I see things like this; if an unknown person forcibly comes into my house he is not there for a picnic.  And I know full well that if I am armed and we get into an altercation from me trying to remove him then that weapon can be used on me even if he does not have one, so I shoot, and I shoot until he leaves or stops moving. 

 

I think the word they're looking for is "threatened", not "trained" and even then it's wrong. It doesn't have to be you personally. Lethal force can be employed inside your own car to protect the life of another.

 

 

I understand what the guy is trying to say, but he says it so poorly that this whole story became a giant train wreck of misinformation and partial facts.

 

 

 

Ever? Really? He can't envision a scenario where someone is standing outside a glass patio door aiming a firearm at the resident through the glass? But they should wait until the perp shoots out the glass then shoot back? No? Wait, what? The resident needs to wait until the perp steps over the threshold? Umm.....no. That is incorrect. No soup for you!

 

As OS said, imminent and reasonable are the critical words.

I don't think some of these "experts" should be stating anything with certainty.  There are so many variables that only the person involved can determine if he or she feel their life is in danger.  If someone is trying to kick my door in, and if they persist after I let them know I am home then its game on, I have no issue with putting one through the door.  When I was stationed at Ft Bragg, NC., I lived in a shady part of Fayetteville, I had a dog stolen from my front yard and made a report.  While there the officer noticed I had a shotgun and asked if it was for home defense.  I informed him that it was for my wife while I was gone, he said that in NC you had a duty to retreat.  I told him that my door was between my bedroom and my kids so there would be no retreat, he said that was no issue with him or anyone of the guys he knew. 

[Mike.357]

and dragging a shot body into the building is going to be a huge fail.  

[bersaguy]

If someone is trying to kick my door in or breaks a window and enters my home 911 operator will hear the gun fire as I am shooting the bad guy/guys. When 911 says shots fired the squad cars begin going faster and normally at that point the ambulances roll. If they are kicking my door in or breaking me windows my life is definitely in danger at that point..................jmho