Some one opens fire OUTSIDE your home.

[cerzlucky007]

I know the law here days they have to be in your home and a direct threat to your life and safety... But, what happens if some disgruntled person or gang member (if you live in a bad area) pulls up and opens fire all on your house? I'm talking worst case scenario, your dog takes a hit, a few people inside your home are hit... And you have cover, already been grazed and or hit, happen to have your firearm, and an opportunity to return fire with a clear shot, (without immediate risk of having a round injure neighbors) or flank the shooter(s) if your ballsy enough. I probably know the answer already, however I haven't found much of a definitive answer. And its tricky as we do not have a stand your ground law, only the castle doctrine.

As they say, its better to be judged by 12 then carried by 6.

Thanks fellow calgunmers, just a random thought and question.

[Tincon]

See this thread, one of the many covering the legal requirements to act in self defense:

http://www.calguns.net/calgunforum/showthread.php?t=970506

The short version is, I would feel legally justified acting in self-defense if:

1. I reasonably believed that I was in imminent danger of being killed or seriously injured;
2. Immediate force was necessary to prevent that danger;
3. No more force was used than was than was necessary to defend against that danger.

Notice there is nothing there about the threat being inside/outside my house, on a log, riding a hang-glider, up in a tree, on a train, in car, etc.

[SonofWWIIDI]

Self defense is not limited to the home. If you are being shot at and have the opportunity and ability to defend yourself, I believer you are GTG as long as a reasonable person would agree that you are in fear for your life/great bodily injury or the lives/injury of others.

IANAL, but that should be the way it works.

And as the lama said:
"But if someone has a gun and is trying to kill you, he said, it would be reasonable to shoot back with your own gun. Not at the head, where a fatal wound might result. But at some other body part, such as a leg."

I'm sure someone more knowledgable about the laws of these matters wil chime in shortly.

[billybob_jcv]

Umm, I'm pretty sure if someone is shooting *at* you, that would be considered "imminent danger".

And if I shoot at anything, it will be at center of mass.

[alks207]

Why would you even care about the law if you are life or death situation. Who gives a **** about the rules if you are in a situation where you will die if you don't shoot back?

[berg]

In the city of San Mateo the ordnance controlling discharge of a firearm, it says

10.26.020 EXCEPTIONS. The provisions of Section 10.26.010 shall not apply to the following:
(a) To police officers, sheriffs, constables, marshals or other police officers, or any person summoned by any such officers to assist in making arrests or preserving the peace, or persons who are members of the armed services of the United States, or the National Guard, while such persons are acting in the lawful discharge of their duties;
(b) To persons using firearms in the lawful defense of self, third persons, or the user's property.

[hambam105]

Run Forest, run!

Gangsters have the house surrounded and shooting up the place, dog gets hit, friendlies inside are taking hits...and you're concerned about the neighbors? Just make sure what ever you fire back with won't go thru a 1 inch sheet rock.

Beam me up Scotty.

[steelholder]

Why would you even care about the law if you are life or death situation. Who gives a **** about the rules if you are in a situation where you will die if you don't shoot back?

This exactly, do you really think you'll have the mental process time to argue about the law at hand..? i feel like i would ONLY think of retrieving my rifle and or bazooka

[billybob_jcv]

BTW, you live in the WRONG neighborhood. Location, location, location!

[CK_32]

Legal or not, if bullets are coming through my walls, they are sure as hell going out as well.

[sunrisefordrene]

Sling that smokewaggon!!! Aim low, because in a fight or flight reaction, you tend to shoot high..

[TacticalThug]

Grab the guns and lay down the hate bro!!

[cerzlucky007]

BillyBob, actually, fortunately I do live in a middle class, low crime area.

And about the worrying about hitting neighbors, I brought that up as it would probably come up if you were brought up on charges, in this crazy state... Don't forget man, this is California anything goes when it comes to gun owners, who choose to use them no matter the situation...

Its just a random thought about the law here I had, take it with a grain of salt as I wasn't seriously worried about it going down in my neighborhood. lol.

And one last thing, this question isn't about IF I would immediately grab my schiapetta and return fire... There's a reason I sleep with it in reaching distance and invested a good amount of money into a firearm, I'd sell it if I knew it was going to be a paperweight and never get near guns again . but that just ain't me bro! I love firearms and will use lethal force in the proper situations. Any one (I know you all agree) that feels otherwise has no business being around firearms IMHO.

Kind of got off topic, I was referring to CA law, not what should I do, I already know the answer to that.

Thanks calgunners.

[TeddyBallgame]

you have a right to defend yourself anywhere

people think you can't defend yourself outside your home...i don't believe that's true

an example: i hear a noise outside my home...i grab a firearm, go outside to investigate...while out there I see 2 people running to jump my wall and get away...i cannot legally shoot them because they are not a threat, even though they were on my property...NOW

same scenario...i go outside...while out there an individual hiding behind my shed jumps out at me swinging a shovel in my direction...well, i have every right to defend myself, even though I am outside my home

now, is it considered a good idea to go outside if you think there is an intruder on your property...NO, but, there is no law that states you cannot go outside and investigate noises or abnormal movements you might be hearing...could be a possum trying to get at your trash cans, or, a crane swooping down grabbing the fish out of your pond (yeah, that happened to me, lol), in any case, there is nothing preventing you from defending yourself anywhere you might be

[claylakers]

:-)

Legal or not, if bullets are coming through my walls, they are sure as hell going out as well.

AMEN!