shooting an intruder?

[Eljay]

Call the police as it's happening and tell them it's happening *right now*. I suppose you could always politely ask the dispatcher if you should pull your gun on them if you want to get their attention but it might not be the kind of attention you want!

[Eljay]

fire a warning shot to scare away

The problem there is that even if there's no kind of attempted murder charge there's always "discharging a firearm in city limits" charge which is usually surprisingly serious.

[Etihtsarom]

You'd get a ticket for firing into the air. Or, likely, a fine for firing in the direction of the burglar.
But I'd be interested to know, you should have the right to brandish your weapon and be ready for a defensive situation in this case right?

What does the state expect you to do? stand there holding your gun while the unarmed burglar hops on your bike and ride away?

[Grumpyoldretiredcop]

This is were it gets interesting from my understanding of the PC. As it is very clear we can only use deadly force when we feel our lives are in danger, I don't have the link handy but I also remember that PC allows us to use a weapon to stop a felony...

Penal Code Section 197 outlines the conditions commonly referred to as "justifiable homicide" by persons other than peace officers. Remember that there is case law that modifies this code, especially subsection 4. You'll have to do your own research on that.

197. Homicide is also 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 purpose of offering 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.

[amd64]

What does the state expect you to do? stand there holding your gun while the unarmed burglar hops on your bike and ride away?

Pretty much. Don't even show your gun, you might get charged for brandishing and scaring the poor thief. Being a thief is a lucrative profession in California; so many laws protect them. Maybe one day thieves will even be added to the protected species list.

[Pred]

Pretty much. Don't even show your gun, you might get charged for brandishing and scaring the poor thief.

Yes the robbers and thieves get all the rights....

[RTE]

robbers and thieves have the right to salt rock in a 12ga.

Generally not worth killing over but peppering a perp ?

If it was a horse or livestock......Does it still call for a rope ?

[sportbiker929]

get a dog ( German Shepherd)

and a dog door

[GettoPhilosopher]

Pretty much. Don't even show your gun, you might get charged for brandishing and scaring the poor thief. Being a thief is a lucrative profession in California; so many laws protect them. Maybe one day thieves will even be added to the protected species list.

Can I get some more confirmation as to this? I mean, if you heard noise in your back yard, it's perfectly legal to go out there with a loaded gun. I wouldn't point a loaded weapon at a guy unless I was about to fire (that just seems good gun safety practice), but if someone came into my yard late at night and was making a ruckus, I wouldn't be able to know if they were a threat or not, thus I"d be carrying (probably a long gun on a sling). That wouldn't be brandishing, right?

[415dog!]

fire a warning shot to scare away

...also a crime

[415dog!]

Pretty much. Don't even show your gun, you might get charged for brandishing and scaring the poor thief. Being a thief is a lucrative profession in California; so many laws protect them. Maybe one day thieves will even be added to the protected species list.

...depends, in CA 417PC, is a misd. the suspect would have to place you under private person's arrest and the police officer would need to accept that arrest.

[magsnubby]

This:

http://www.kmph.com/Global/story.asp?S=13825537

[Jake71]

Anything outside, which we have nothing stored outside, is not any of my concern.

If someone is on the inside of the house/garage (attached to house), then as far as I'm concerned they are hostile and will be dealt with extreme prejudice (sp?). I also have no plans on stopping until they are no longer moving.

[Lone_Gunman]

Turn on the lights, hit the panic alarm on your car and call the cops. Even in the back yard the combo of the lights and the car alarm should scare 'em off. Grab your home defense weapon and watch the entry points of your home. No property is worth you going to prison on a manslaughter rap.

[ConfucianScholar]

If I see them stealing my dirt bike, I will confront them. If they are armed, I am armed and my life is in danger so I will shoot them. If they are not armed I will hold them until police arrives. Nobody said you HAVE to shoot someone if you pulled your gun out.

If they chose to run even as they are being aimed at, I don't think there is anything I could do. They'll just get away. And I'll report to police what happened.