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View Full Version : Self Defense-- Shooters outside of your home?


Dirk Tungsten
12-12-2007, 12:30 PM
Ok, so i was watching an episode of First 48 with a friend, and the cops determined the situation was as follows: A group of young men confronted an apartment dweller and threatened him and his brother. Said young men then left, and came back a while later and opened fire on the guy's apt. He returned fire, hitting one of the men, who later died behind a dumpster.

After all the facts were gathered, no charges were filed as the cops said this was self defense. Admittedly this was in Missouri, and personally, I tend to agree, but I'm curious as to what the law says in California. I know a person has no duty to retreat from an attacker in ones home, is this a similar situation? :confused:

Dirk Tungsten
12-12-2007, 12:33 PM
Dupe-Mods, please kill this thread. :)

tombinghamthegreat
12-12-2007, 12:36 PM
In CA, even if they don't file charges there still could be steap legal fees and civil suits. Generally the rule is wait for them to invade the home then strike. Outside, not too sure if it is legal (need a very good reason) but regardless get a attorney right away and get ready to spend money fast. There is other factors like if your home is fenced in completely with a 6 foot fence and a no trustpassing sign, it might be more justifiable.

Dirk Tungsten
12-12-2007, 12:43 PM
Yeah, thats kind of what I figured. Use of a firearm--even when justified--seems to be a one way ticket to legal headaches, If not a trip to the pokey.

JawBone
12-12-2007, 12:47 PM
Yeah, thats kind of what I figured. Use of a firearm--even when justified--seems to be a one way ticket to legal headaches, If not a trip to the pokey.

Huh?? What is the option here? Hide under some couches until the "cavalry" arrives? No thanks.

From your description, he was "returning fire." This has nothing to do with being in a home/apartment or whatever. This has to do with defending himself.

From the given facts, I can't think of any state where this isn't a clean self defense shoot.

Dirk Tungsten
12-12-2007, 1:01 PM
Woah there...Sorry I failed to articulate myself properly....I think he had the Right and Duty to defend himself and his guest, end of story. I was asking re:this because the way the law works in this state seems to be counter-intuitive, at best. Only one of the attackers was killed that night, according to the guy defending his place, there were several guys shooting at his apt.

DedEye
12-12-2007, 1:03 PM
Returning fire is self defense. Even so, whoever it was that said "Every bullet you fire in self defense costs $10,000 [when you factor in legal fees]" was right. Keep that in mind if you have to pull the trigger.

JawBone
12-12-2007, 1:06 PM
Returning fire is self defense. Even so, whoever it was that said "Every bullet you fire in self defense costs $10,000 [when you factor in legal fees]" was right. Keep that in mind if you have to pull the trigger.

OK, I'll try to remember that next time someone opens fire on me...hmmm, how much do I have in savings??? :D

Any "factoring in" comes BEFORE the other party starts shooting (i.e. break in, brandishing, etc.) Once they have actually opened fire I think it's an easy decision about what to do.

Dirk Tungsten
12-12-2007, 1:07 PM
Yeah that's steep, something to think about. I'd rather be without my $$$ than without my life.