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aimstr8
12-14-2012, 6:30 PM
Hey All,

I m a new gun owner and new to this forum.
Recently, after an attempted break in to my apartment while I was sleeping I realized I need clarification on when it is legal to engage someone who breaks into your place in the middle of the night.

A local run range employee told me that "if you do not see a weapon, you must declare, I have a gun, leave" 3 times before shooting.

However, if you see a weapon then you can engage immediately.

My apartment is small and I sleep 3-4 feet from the door..I would hope I would be able to make such a determination so quickly.

Anyone, know the actual law?

Any and all insight is appreciated.

Thanks!

HowardW56
12-14-2012, 6:35 PM
what state are you in?

ElDub1950
12-14-2012, 6:40 PM
That local gun range employee is an idiot.

If you believe your life or someone else's life if in danger or believe great bodily harm will be done, you're justified. To a great extent, the simple fact that someone broke in is reason enough to believe you are in danger. The measure of whether you were right or wrong is if any reasonable person would have felt the same way.

pat4wd
12-14-2012, 6:54 PM
If you have reasonable apprehension of imminent death or bodily harm you have the right, Does this mean if you kill someone you should not get a lawyer? Hell no.. But I would rather be judged by 12 then carried by 6..

In all of my CCW classes one thing I tend to agree with is I have always been told to make it loud and clear for all to hear your warning to "STOP" "STOP" yell so the guy down the street can hear.."STOP STOP" " I have a GUN STOP".. IF you have time.. Try to call 911 and if nothing else just leave the phone down while talking.. Be VERY vocal.. Never threat to kill, it is always to STOP the aggressor.. In a emergency you may or may not have time to do any of this but try.

All of this IS CYA and can IMO help in the Litigation or the potential witness statements .. It is sad you would need to do any of that though..:)

Seiran
12-14-2012, 8:20 PM
California (California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197 [3]. CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating."

Peashooter
12-14-2012, 8:22 PM
The only thing out of your mouth should be " that intruder was going to kill me"
I thought I was going to die.

Flying Sig
12-14-2012, 8:29 PM
...... And right when you utter the words "mo**** ******!"just put one in the knee cap and another peice of lead the other in the BG's arm.

Not sure if you are serious, but DO NOT do this.

safetyheadshot
12-14-2012, 8:43 PM
What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

Stonewalker
12-14-2012, 8:51 PM
People... please, cite penal code and/or court opinions.

From CA PC 198.5 RE: Justifiable Homicide:

Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.

Basically, if somebody has broken into your house, then it is presumed (as a matter of law) to be a life threatening situation and if you feel that you need to shoot, you are protected by CA law.

For cripes sake, theres a lot of misinfo out there.

Gunlawyer
12-14-2012, 9:00 PM
That range person should be fired for saying such nonsense. Whoever it was shouldnt be in a gun range for sure with that lack of knowledge.

If you shoot someone who enters your home illegally (even if unarmed when shot) then presumption was you were in fear so justifiable. In that case read my others posts on what to do and say. Strong presumption for prosecutor to overcome if you shoot and injure or kill someone in your home who forcably enters (someone breaks in). Castle doctrine applies in CA.

Penal Code 198.5.

Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant or substantial physical injury.





Penal Code Section 197 - Justifiable Homicide; Any Person
Homicide is justifiable when committed by any person in any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily
injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or
endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the
pouf ropffoesreing violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.


Penal Code Section 198 - Justifiable Homicide; Sufficiency of Fear
(Limitation of Self-defense of Property Rule)
A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.
Penal Code Section 199 - Justifiable and Excusable Homicide; Discharge of Defendant
The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.

therealnickb
12-14-2012, 9:11 PM
You can site all the code you like. The jury will decide your fate.

safetyheadshot
12-14-2012, 9:17 PM
so in this case, would you:

A. Get the rapist off your daughter and shoot the rapist in both knee caps so he doesn't run away while you call the cops. Let prison take care of him.

B. Shoot to kill and let the jury decide your fate to shoot an unarmed rapist in the back. (Most likely from behind since he's on top of your daughter).

CaliforniaLiberal
12-14-2012, 9:32 PM
Another source, the California Department of Justice web site.

The use of Lethal Force is a matter of judgment. The District Attorney and perhaps ultimately a jury is called upon to weigh the facts and decide if a particular incident of use of force is justified.

If a reasonable person in your situation would decide that the use of lethal force is necessary to prevent loss of life or grievous bodily harm then use of force is justified.

When the threat of death or grievous bodily harm has ended then your right to use force ends also.

Notice that this does not permit shooting someone who is running away with your TV or stealing your car.


California Firearms Laws Summary Booklet

http://oag.ca.gov/sites/all/files/pdfs/firearms/forms/Cfl2007.pdf


3. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY

California Firearms Laws 2007


The question of whether use of a firearm is justified for self-defense cannot be reduced to a simple list of factors. This section is based on the instructions generally given to the jury in a criminal case where self-defense is claimed and illustrates the general rules regarding use of firearms in self- defense.


Use of a Firearm or Other Deadly Force in Defense of Life and Body

The killing of one person by another may be justifiable when necessary to resist the attempt
to commit a forcible and life-threatening crime, provided that a reasonable person in the same or similar situation would believe that (a) the person killed intended to commit a forcible and life- threatening crime; (b) there was imminent danger of such crime being accomplished; and (c) the person acted under the belief that such force was necessary to save himself or herself or another from death or a forcible and life-threatening crime. Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes.


Self-Defense Against Assault

It is lawful for a person being assaulted to defend himself or herself from attack if he or she has reasonable grounds for believing, and does in fact believe, that he or she will suffer bodily injury. In doing so, he or she may use such force, up to deadly force, as a reasonable person in the same or similar circumstances would believe necessary to prevent great bodily injury or death. An assault with fists does not justify use of a deadly weapon in self-defense unless the person being assaulted believes, and a reasonable person in the same or similar circumstances would also believe, that the assault is likely to inflict great bodily injury.

It is lawful for a person who has grounds for believing, and does in fact believe, that great bodily injury is about to be inflicted upon another to protect the victim from attack. In so doing, the person may use such force as reasonably necessary to prevent the injury. Deadly force is only considered reasonable to prevent great bodily injury or death.

NOTE: The use of excessive force to counter an assault may result in civil or criminal penalties.


Protecting One’s Home

A person may defend his or her home against anyone who attempts to enter in a violent manner intending violence to any person in the home. The amount of force that may be used in resisting such entry is limited to that which would appear necessary to a reasonable person in the same or similar circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might safely be made. One may resist force with force, increasing it in proportion to the intruder’s persistence and violence, if the circumstances apparent to the occupant would cause a reasonable person in the same or similar situation to fear for his or her safety.

The occupant may use a firearm when resisting the intruder’s attempt to commit a forcible and life- threatening crime against anyone in the home provided that a reasonable person in the same or similar situation would believe that (a) the intruder intends to commit a forcible and life-threatening crime; (b) there is imminent danger of such crime being accomplished; and (c) the occupant acts under the belief that use of a firearm is necessary to save himself or herself or another from death or great bodily injury. Murder, mayhem, rape, and robbery are examples of forcible and life threatening crimes.

Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry had occurred. Great bodily injury means a significant or substantial physical injury. (Penal Code § 198.5.)

NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally liable for an unlawful assault or homicide.


Defense of Property

The lawful occupant of real property has the right to request a trespasser to leave the premises.

If the trespasser does not do so within a reasonable time, the occupant may use force to eject the trespasser.

The amount of force that may be used to eject a trespasser is limited to that which a reasonable person would believe to be necessary under the same or similar circumstances.


Limitations on the Use of Force in Self-Defense

The right of self-defense ceases when there is no further danger from an assailant. Thus, where a person attacked under circumstances initially justifying self-defense renders the attacker incapable of inflicting further injuries, the law of self-defense ceases and no further force may be used.

The right of self-defense is not initially available to a person who assaults another. However, if such person attempts to stop further combat and clearly informs the adversary of his or her desire for peace but the opponent nevertheless continues the fight, the right of self-defense returns and is the same as the right of any other person being assaulted.

sigstroker
12-14-2012, 9:59 PM
You can site all the code you like. The jury will decide your fate.

And then it will be overturned on appeal. If the first case is even brought to trial at all. The law DOES matter. Usually.

sunrisefordrene
12-14-2012, 10:04 PM
California recognizes the "castle docrtine" which means aones home is his :castle" and one is able to defend it..using deadly force if needed.. the moment they break into your home, they left their rights outside of your door! Just make sure when the police show up, he is inside your house! And remember..dead men dont sue.....

m16
12-14-2012, 10:20 PM
The gun range guy is indeed an ignoramus. The only words you need to shout are "get on the ground Mo**** f*****, or I am blast your oxx to hell!!!!" And right when you utter the words "mo**** ******!"just put one in the knee cap and another peice of lead the other in the BG's arm. If someone is bold enough to do a home invasion, you can bet they are armed, and thus your life is in peril! Look what happened to that kid in sf recently that they found gagged and beaten to the untimely end of his life.

This is very bad advice.

You shoot to neutralize the threat, not to wound.

No arms, no kneecaps, aim for center of mass.

sunrisefordrene
12-14-2012, 10:22 PM
Thats what i said....dead men dont sue...

bigdawg86
12-14-2012, 10:22 PM
This is very bad advice.

You shoot to neutralize the threat, not to wound.

No arms, no kneecaps, aim for center of mass.

Dead men tell no tales ;)

Sent from my DROID RAZR using Tapatalk 2

Saym14
12-14-2012, 10:30 PM
A local run range employee told me that "if you do not see a weapon, you must declare, I have a gun, leave" 3 times before shooting.

Thanks!

he is a fool - he forgot the part about clicking your heels together as you say that three times. LOL

DFence
12-14-2012, 10:32 PM
Read the castle doctrine. Nuff said.

And if you can, dial 911 for help before engaging but only if you can. Defend yourself at all times.

safewaysecurity
12-14-2012, 10:33 PM
What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

Yes, when someone is raping someone else violently and forcefully that is consider grave bodily harm. They also broke into your home forcefully. IANAL.

fizux
12-14-2012, 10:52 PM
What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

Defense of others is acceptable - you are not limited to only *self* defense. The criminal's possession of a weapon typically helps to show that your fear of gbi/death was objectively reasonable, but the circumstances you've described indicate that the robber didn't need a firearm to commit his violent felony.

Protect your daughter first. Call for an ambulance for her and a meat wagon for the bad guy. Then call your lawyer and STFU. Watch lots of re-runs of "a time to kill" for moral support.

CaliforniaLiberal
12-14-2012, 10:55 PM
Yeah, um...

It's lots of fun to talk about killing a burglar you've just shot so he can't sue you. But keep in mind that this may be murder you're advocating.

If (God Forbid!) you were ever in front of a jury explaining a justified shooting it may well be possible for a prosecuting attorney to dig up this posting on this forum to show to the jury. The Internet is forever. Computers can quickly sift through the entire CalGuns archive for certain words or phrases. This is a public space, even if you're sitting at home in your pajamas in a dark room.

In California you are only justified in using deadly force to protect life or prevent grievous bodily harm. When the threat stops, your use of deadly force stops.

And don't try and alter crime scene evidence by dragging a dead body back into your house either.


Jeeze, some people's children....

a1c
12-14-2012, 11:14 PM
You can site all the code you like. The jury will decide your fate.

"cite", not "site".

And you're assuming all cases go to trial. Most don't.

In most of those cases, unless the circumstances look very iffy, no charges will even be brought up against the shooter.

sandman21
12-14-2012, 11:37 PM
Some people need to go read case law regarding 198.5. It does not provide the protection some believe.

I would not try to rely on 198.5 since it is brought up when you can not support your self defense claim. If you do not fear great bodily harm or death from the person in your home your use of deadly force is not appropriate.

therealnickb
12-15-2012, 4:35 AM
"cite", not "site".

And you're assuming all cases go to trial. Most don't.

In most of those cases, unless the circumstances look very iffy, no charges will even be brought up against the shooter.

Thanks, I'm usually more careful.

The point was clear though. A forum online isn't exactly the best place to answer a dynamic "what if" legal question.

You can add all the qualifications you like but my statement was correct.

MaHoTex
12-15-2012, 6:42 AM
A local run range employee told me that "if you do not see a weapon, you must declare, I have a gun, leave" 3 times before shooting.

Do not listen to gun store people... If your life, or the life of others, is in danger you do what is necessary to protect yourself or them.

G-Man WC
12-15-2012, 6:52 AM
After my front door has been kicked open, all
bets are off to whoever comes through that door. -g

ElDub1950
12-15-2012, 7:10 AM
Just my opinion but if you were on trial and trying to prove self defense and these posts were presented to the jury this could look very bad for you.

1. Shooting him in both knees so he doesn't run away is likely not justification. If he's trying to run away, the threat has stopped. Additionally no instructor would ever suggest that you attempt to shoot someone in the arm or leg. You'll miss and if they are armed, you, or in your scenario, your daughter could be dead.

2. 'shoot to kill' is never justified. You've decided you're the judge, jury and executioner. You can shoot to stop the threat.

3. your forum name, even, could be construed by an anti-gun prosecutor to mean that you had a long standing plan to kill someone if given the opportunity.

None of this is cut and dry and it very much depends on each circumstance and depends on how anti or pro the police, prosecutor and community are.

These are just my opinions, ianal. There's lots of PC quoted above that people need to attempt to understand. Taking some quality home/self defense training from a good instructor can help also.

so in this case, would you:

A. Get the rapist off your daughter and shoot the rapist in both knee caps so he doesn't run away while you call the cops. Let prison take care of him.

B. Shoot to kill and let the jury decide your fate to shoot an unarmed rapist in the back. (Most likely from behind since he's on top of your daughter).

What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

12voltguy
12-15-2012, 7:56 AM
What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

so in this case, would you:

A. Get the rapist off your daughter and shoot the rapist in both knee caps so he doesn't run away while you call the cops. Let prison take care of him.

B. Shoot to kill and let the jury decide your fate to shoot an unarmed rapist in the back. (Most likely from behind since he's on top of your daughter).

it's ca,you have to ask nicely:rolleyes:

12voltguy
12-15-2012, 7:57 AM
Yeah, um...

It's lots of fun to talk about killing a burglar you've just shot so he can't sue you. But keep in mind that this may be murder you're advocating.

If (God Forbid!) you were ever in front of a jury explaining a justified shooting it may well be possible for a prosecuting attorney to dig up this posting on this forum to show to the jury. The Internet is forever. Computers can quickly sift through the entire CalGuns archive for certain words or phrases. This is a public space, even if you're sitting at home in your pajamas in a dark room.

In California you are only justified in using deadly force to protect life or prevent grievous bodily harm. When the threat stops, your use of deadly force stops.

And don't try and alter crime scene evidence by dragging a dead body back into your house either.


Jeeze, some people's children....

correct answer

GoingPro
12-15-2012, 8:09 AM
You guys worry too much, you're putting yourselves in more danger even overthinking a situation like this....... Do what you have to do, i personally wouldn't want someone in court in front of a jury saying he had his hands up and stated he was unarmed and was shot etc i think thats called attempted murder.... remember, criminals like this have more rights than we do in a sense more so here in CA.

If you do protect yourself in self defense ..... When LE gets to your house, you will go to jail .... hire a lawyer.... But keep your mouth shut cause it will make it more difficult for your lawyer to present your case. In a high stressed situation you can say something that will F*** up your case...... Cops aren't here to help us in situations like this. They can care less if you were defending yourself etc. (some do and some will tell you that you did a good job. its the ones who think they are robocop you have to worry about) All i would personally say is "I was in fear of my life and my families lives."

Left Coast Conservative
12-15-2012, 8:28 AM
Hey All,

I m a new gun owner and new to this forum.
Recently, after an attempted break in to my apartment while I was sleeping I realized I need clarification on when it is legal to engage someone who breaks into your place in the middle of the night.

A local run range employee told me that "if you do not see a weapon, you must declare, I have a gun, leave" 3 times before shooting.

However, if you see a weapon then you can engage immediately.

My apartment is small and I sleep 3-4 feet from the door..I would hope I would be able to make such a determination so quickly.

Anyone, know the actual law?

Any and all insight is appreciated.

Thanks!

As a new gun owner you need to educate yourself about all laws concerning possession and use of firearms. Might I suggest this book:

http://www.gunlawpress.com/

It is the most concise exposition on the topic I know, and your specific question is answer within it.

im2ninja4u
12-15-2012, 6:54 PM
What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

I would suggest you invest in non-lethal weapons such as mace or a tazer. With it, you can kick the guy off your daughter and spray the rapist in the face with the mace. I believe, in my CCW class today, lethal force is authorized in a rape situation.

HowardW56
12-15-2012, 6:58 PM
WOW, The answers in this thread..... :no:

-hanko
12-16-2012, 5:42 AM
WOW, The answers in this thread..... :no:
More stupidity than a birdshot-for-hd thread.

Look for another thread with the same dumbness within the week.:rolleyes:

-hanko

RCJeeper
12-16-2012, 6:51 AM
You can site all the code you like. The jury will decide your fate.

I was recently on a murder jury. A pimp had used his gang-banging cousin to intimidate one of his "girls" who had gone in business for herself. The cousin and his buddy went to far and killed the girl. The gang banger cousin had agreed to testify at the trial against his cousin and buddy. He got 18 years for his cooperation. The pimp and buddy were both on trial for murder and a number of other counts. The rub was that the pimp was nowhere near the actual murder.

All of us jurist were a puzzled that the pimp, Larry Shyne, was on trial for murder but the law was clear on this point. He was just as involved as the guy who pulled the trigger.

The judge and prosecutor were extreme in the requirement of the law as written . . . word for word. If you find yourself in a courtroom in this situation, you can be assured that you will become intimately familiar with the related penal code.

Jack L
12-16-2012, 8:37 AM
The only thing out of your mouth should be " that intruder was going to kill me"
I thought I was going to die.

Those are my thoughts as well.

therealnickb
12-16-2012, 9:09 AM
I was recently on a murder jury. A pimp had used his gang-banging cousin to intimidate one of his "girls" who had gone in business for herself. The cousin and his buddy went to far and killed the girl. The gang banger cousin had agreed to testify at the trial against his cousin and buddy. He got 18 years for his cooperation. The pimp and buddy were both on trial for murder and a number of other counts. The rub was that the pimp was nowhere near the actual murder.

All of us jurist were a puzzled that the pimp, Larry Shyne, was on trial for murder but the law was clear on this point. He was just as involved as the guy who pulled the trigger.

The judge and prosecutor were extreme in the requirement of the law as written . . . word for word. If you find yourself in a courtroom in this situation, you can be assured that you will become intimately familiar with the related penal code.

I'm sure the judge and prosecutors were quite specific in OJ's trial too.

CBruce
12-16-2012, 2:50 PM
What is legal in this situation?

You come home from work and notice your house has been broken into (shatter glass, broken door). You know that your daughter should be at home from school. You hear screaming upstairs in the bedroom. You grab your firearm on instinct run upstairs and see the robber is still in your home raping your daughter but has NO WEAPONS on him. Can you shoot to kill or do you have to ask him to stop raping your daughter, and sit tight while you call the police?

PS. This is all taking place in CA.

Apparently you have to ask him to stop raping your daughter a minumum of three times, in English and Spanish for Californians.

Then, if you can, get him to sign standard liability waiver. 'You've been informed of your desire for him to cease raping, that you've expressed intent to shoot him', have him sign it in blue ink, get it notorized, and you'll be good to go.

Like literally go. Leave your house and call the cops Rambo.