Birdshot leads to annoyingly still alive home intruder

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Re: Birdshot leads to annoyingly still alive home intruder

Postby Heffay on Sat Dec 11, 2010 12:24 pm

1911fan wrote:re: the quote about being able to shoot a fleeing felon.
Thats not the case in this state, but it is in some others. Do not use Mich or other state laws to make judgments on the use of force in this state.


So, what is it in MN? My MN instructor (from Bills in Crystal Pines) said you can't. Is there any case law here in MN that says either way? The statute is written to suggest that if it happened in MN, the homeowner would be in a world of trouble.

I'm just trying to figure out if I should take those last 2 shots if it ever happens to me.
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Re: Birdshot leads to annoyingly still alive home intruder

Postby hammAR on Sat Dec 11, 2010 12:32 pm

Heffay wrote:Is there any case law here in MN that says either way? The statute is written to suggest that if it happened in MN, the homeowner would be in a world of trouble.

Yes, but I am not going to look it up for you.........
Yes, in Mn the home-owner would be in a lot of trouble...........
Heffay wrote:I'm just trying to figure out if I should take those last 2 shots if it ever happens to me.

IF you had the right weapon for the job and IF knew how to shoot you would not need those last two.....................
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Re: Birdshot leads to annoyingly still alive home intruder

Postby goalie on Sat Dec 11, 2010 12:38 pm

hammAR wrote:IF you had the right weapon for the job and IF knew how to shoot you would not need those last two.....................


Gunny, he was in the Navy. His idea of the right weapon is a cruise missile. As for knowing how to shoot, well, he was in the NAVY.....

:mrgreen:
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Re: Birdshot leads to annoyingly still alive home intruder

Postby Snowgun on Sat Dec 11, 2010 3:23 pm

So, just to play devils advocate here:

What if it isn't a felony till they get AWAY with it?

Like Kidnapping?

If they are running away with your kid (assuming a situation where you feel comfortable shooting while your kid is sufficiently NOT in the line of fire), would it be OK to shoot?

What if they were Fleeing your house to your Car to steal it (Grand theft felony?)?
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Re: Birdshot leads to annoyingly still alive home intruder

Postby goalie on Sat Dec 11, 2010 3:31 pm

Snowgun wrote:So, just to play devils advocate here:

What if it isn't a felony till they get AWAY with it?

Like Kidnapping?

If they are running away with your kid (assuming a situation where you feel comfortable shooting while your kid is sufficiently NOT in the line of fire), would it be OK to shoot?

What if they were Fleeing your house to your Car to steal it (Grand theft felony?)?


Do people even read threads before posting anymore?

:roll:
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Re: Birdshot leads to annoyingly still alive home intruder

Postby Snowgun on Sat Dec 11, 2010 3:36 pm

goalie wrote:Do people even read threads before posting anymore?

:roll:


I don't know Mr. Smartypants, I was posting regarding to the below. Were you even reading the thread? Or are you just trying to up your post count?


PileDriver wrote:
Snowgun wrote:
Jaklevic said a homeowner has a right to defend himself from harm from an intruder and stop a fleeing felon.


Wut? Is this true?


Minnesota: 609.065 "...or preventing the commission of a felony in the actor's place of abode." So who knows?

As for the story, I wasn't able to find that in Michigan law, but I was looking quickly. I did find this though: 600.2922b [hopefully] makes a lawsuit not possible.

[/bored]

Heffay wrote:What class taught me was that someone actively fleeing is no longer committing or planning to commit a felony. You don't shoot a robber who's trying to get out of your house.

Note that in no way am I defending the thief. I'm just saying the last 2 shots are going to get the homeowner in trouble.


Heffay wrote:
1911fan wrote:re: the quote about being able to shoot a fleeing felon.
Thats not the case in this state, but it is in some others. Do not use Mich or other state laws to make judgments on the use of force in this state.


So, what is it in MN? My MN instructor (from Bills in Crystal Pines) said you can't. Is there any case law here in MN that says either way? The statute is written to suggest that if it happened in MN, the homeowner would be in a world of trouble.

I'm just trying to figure out if I should take those last 2 shots if it ever happens to me.
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The Way is in training... Do nothing which is not of value. - Miyamato Musashi

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Re: Birdshot leads to annoyingly still alive home intruder

Postby goalie on Sat Dec 11, 2010 3:44 pm

Snowgun wrote:What if they were Fleeing your house to your Car to steal it (Grand theft felony?)?


OK, since I am already not in the best mood, probably due to trying to tactfully dance around pointed questions at work about a certain guy who's making us look bad on the nightly news instead of saying what I really feel about said guy, I'll go this route;

Are you sincerely asking if it is OK to shoot someone who is fleeing your house to your car, possibly with the intention of stealing said car? I mean, what, is the guy shouting as he runs away "DUDE, I AM TAKING YOUR CAR!" or what?!?!?!

Regardless of legality, shooting someone fleeing from you is a bad idea. A worse idea would be to talk about doing something that dumb on the internet on the off one-in-a-zillion chance that someday you actually do have to shoot someone.

:wack:
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Re: Birdshot leads to annoyingly still alive home intruder

Postby gyrfalcon on Sat Dec 11, 2010 3:57 pm

Heffay wrote:You don't shoot a robber who's trying to get out of your house.


Yeah, you should wait till he gets outside so the mess is easier to clean up. :twisted:
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Re: Birdshot leads to annoyingly still alive home intruder

Postby Snowgun on Sat Dec 11, 2010 4:05 pm

goalie wrote:
Snowgun wrote:What if they were Fleeing your house to your Car to steal it (Grand theft felony?)?


OK, since I am already not in the best mood, probably due to trying to tactfully dance around pointed questions at work about a certain guy who's making us look bad on the nightly news instead of saying what I really feel about said guy, I'll go this route;

Are you sincerely asking if it is OK to shoot someone who is fleeing your house to your car, possibly with the intention of stealing said car? I mean, what, is the guy shouting as he runs away "DUDE, I AM TAKING YOUR CAR!" or what?!?!?!

Regardless of legality, shooting someone fleeing from you is a bad idea. A worse idea would be to talk about doing something that dumb on the internet on the off one-in-a-zillion chance that someday you actually do have to shoot someone.

:wack:


;) Sorry you got bad juju at work, I suggest high proof irish.

I just think it's interesting how in TX/UT this is viewed differently. If there is language to this effect in MN Its a curiosity to see what the meaning could be construed to be.

Personally I agree the car is a bad idea, (hence the statement regarding devil's advocate). However, would you like to take a crack at the kidnapping scenario? What if they shout they are not going to hurt them? What if they are running to steal your car that has your kids inside?
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Re: Birdshot leads to annoyingly still alive home intruder

Postby Heffay on Sat Dec 11, 2010 4:25 pm

goalie wrote:Regardless of legality, shooting someone fleeing from you is a bad idea.


Duh. You sic the dogs on them.
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Re: Birdshot leads to annoyingly still alive home intruder

Postby goalie on Sat Dec 11, 2010 5:08 pm

Snowgun wrote: However, would you like to take a crack at the kidnapping scenario?


Nope. My experience has been that you can dissect it a million ways to Sunday AFTER the shooting stops, but it doesn't change what you did when the shooting was going on. You learn from the fight, and move on. If you're alive.

Snowgun wrote: What if they shout they are not going to hurt them? What if they are running to steal your car that has your kids inside?


See above. (Other than I don't leave my son in the car unattended)
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Re: Birdshot leads to annoyingly still alive home intruder

Postby hammAR on Sat Dec 11, 2010 5:11 pm

goalie wrote:
Snowgun wrote: However, would you like to take a crack at the kidnapping scenario?


Nope. My experience has been that you can dissect it a million ways to Sunday AFTER the shooting stops, but it doesn't change what you did when the shooting was going on. You learn from the fight, and move on. If you're alive.

Snowgun wrote: What if they shout they are not going to hurt them? What if they are running to steal your car that has your kids inside?


See above. (Other than I don't leave my son in the car unattended)


I really hate all these effen "What IF" scenarios......what IF you lived in Texas, you wouldn't be having this discussion would you......... :doh:
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Re: Birdshot leads to annoyingly still alive home intruder

Postby goalie on Sat Dec 11, 2010 5:20 pm

hammAR wrote:
I really hate all these effen "What IF" scenarios......what IF you lived in Texas, you wouldn't be having this discussion would you......... :doh:


C'mon, give him a break. Some people think that they are going to have time to think when "it" happens.
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Re: Birdshot leads to annoyingly still alive home intruder

Postby hammAR on Sat Dec 11, 2010 5:35 pm

goalie wrote:
hammAR wrote:
I really hate all these effen "What IF" scenarios......what IF you lived in Texas, you wouldn't be having this discussion would you......... :doh:


C'mon, give him a break. Some people think that they are going to have time to think when "it" happens.


............when do you suppose they will realize that they pissed their pants..................
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Re: Birdshot leads to annoyingly still alive home intruder

Postby White Horseradish on Sat Dec 11, 2010 5:44 pm

hammAR wrote:............when do you suppose they will realize that they pissed their pants..................


Never, if they are not wearing pants. :mrgreen:
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