Question about home defense

[JeffSD]

I have firearms and I am prepared to use them to defend my family if I have to, but I really, really don't want to. I believe the psychological toll of taking a life, even one threatening my own, would be severe. Then there is the added toll of defending myself against potential criminal and civil penalties.

If my alarm went off in the middle of the night and I was faced with an intruder, I would definitely be pointing a gun at them, but I would also definitely start by telling them to get out first. Actually pulling the trigger would be the last option.

In this situation, where there is a break in and a home owner presents a firearm but does not fire it, will the police come out to investigate? And would they attempt to seize my firearm? In this type of situation, even where no one is harmed, would my second call be to USCCA? Or would that not be necessary?

I appreciate the perspective of police officers on this matter. Thank you!

[BABUSA]

Why would they seize your firearm? Is the bad guy gonna stick around and press charges because you pointed a gun at him?

[danfinger]

They would only come out if they get a call. I doubt they'd take your gun assuming you are a legal owner. They *might* want to see your weapon. They would also likely want to "inspect" your premises under the guise of safety, to make sure there really aren't any more perps around. You have the right to deny their requests to inspect your weapon or home but you would need to do that before opening the door to them. They won't like it and will lean on you hard.

[JeffSD]

Why would they seize your firearm? Is the bad guy gonna stick around and press charges because you pointed a gun at him?

I don't know! This is California, not much would surprise me! That's why I asked. I've been thinking more about these kinds of things since I went ahead and secured insurance.

[P5Ret]

They would only come out if they get a call. I doubt they'd take your gun assuming you are a legal owner. They *might* want to see your weapon. They would also likely want to "inspect" your premises under the guise of safety, to make sure there really aren't any more perps around. You have the right to deny their requests to inspect your weapon or home but you would need to do that before opening the door to them. They won't like it and will lean on you hard.

OP there is no lawful reason for your firearm to be taken, nor will there be an investigation where you would be a suspect. You would be listed as a victim in the burglary report, along with your statement on what happened. Personally I would ask you for a written statement to attach to the report in your words.

[Cortelli]

I have firearms and I am prepared to use them to defend my family if I have to, but I really, really don't want to. I believe the psychological toll of taking a life, even one threatening my own, would be severe. Then there is the added toll of defending myself against potential criminal and civil penalties.

If my alarm went off in the middle of the night and I was faced with an intruder, I would definitely be pointing a gun at them, but I would also definitely start by telling them to get out first. Actually pulling the trigger would be the last option.

In this situation, where there is a break in and a home owner presents a firearm but does not fire it, will the police come out to investigate? And would they attempt to seize my firearm? In this type of situation, even where no one is harmed, would my second call be to USCCA? Or would that not be necessary?

I appreciate the perspective of police officers on this matter. Thank you!

(emphasis added)

If someone breaks into your home, let alone if you point a gun at the intruder, I think you want to be the first to get on the phone with the police, and you want to make sure that they take a report with you as the complainant.

To be clear - someone breaks in; alarm goes off; you arm yourself; you confront intruder and tell them to get out; intruder gets out, your home / family / perimeter is secure --- your immediate next step should be calling police and reporting a break-in (if your wife / family was not already doing so); that you feared for your and your family's life; that you ordered the intruder out; that he/she complied; that you're ready to sign the complaint. You may not want to say more - lots of details here.

Then call USCCA, your lawyer, or your other provider right away.

You *want* a report showing you as the victim / complainant. You *want* evidence that you summoned LE. There will be an investigation (since you called . . . or because someone else did, even the bad guy) and you want to be in the best position both in actual facts & truth, and in circumstantial facts that could lead to another wild story.

BTW, I'm not a LEO nor have ever been a LEO.

[Rogue187]

(emphasis added)

If someone breaks into your home, let alone if you point a gun at the intruder, I think you want to be the first to get on the phone with the police, and you want to make sure that they take a report with you as the complainant.

To be clear - someone breaks in; alarm goes off; you arm yourself; you confront intruder and tell them to get out; intruder gets out, your home / family / perimeter is secure --- your immediate next step should be calling police and reporting a break-in (if your wife / family was not already doing so); that you feared for your and your family's life; that you ordered the intruder out; that he/she complied; that you're ready to sign the complaint. You may not want to say more - lots of details here.

Then call USCCA, your lawyer, or your other provider right away.

You *want* a report showing you as the victim / complainant. You *want* evidence that you summoned LE. There will be an investigation (since you called . . . or because someone else did, even the bad guy) and you want to be in the best position both in actual facts & truth, and in circumstantial facts that could lead to another wild story.

BTW, I'm not a LEO nor have ever been a LEO.

Why would you call USCCA or your lawyer or other provider? You did not shoot and you are protected. If you fired then you may want to call your lawyer.
If you are arrested then you will want your lawyer.

If you did not shoot the intruder then you are just the complainant or victim depending on how the officer writes up his report. If you used deadly force then you will want your lawyer and not answer any question till you have your lawyer present.

If your not an LEO nor have ever been an LEO then why are you answering in this thread.?

[DolphinFan]

If you can't pull the trigger you shouldn't own a gun. And IF you are ever forced to protect yourself and your family inside your home by use of a firearm either shooting or brandishing is not unlawful.
I was always taught to neutralize the threat and call the 911 for the police and an ambulance.
Hard for there to be two sides of a story if only one side is alive.

[doggie]

OP is not "drawing" his weapon. He's in his house. He's grabbing/picking up his weapon from the nightstand near his bed or out of a lockbox. He's not talking CCW, as in "drawing" his weapon. OP correct me if I'm wrong.
If he hears a noise it makes sense to grab his gun off the nightstand and hold it while evaluating what he's hearing in the house.

[JeffSD]

OP is not "drawing" his weapon. He's in his house. He's grabbing/picking up his weapon from the nightstand near his bed or out of a lockbox. He's not talking CCW, as in "drawing" his weapon. OP correct me if I'm wrong.
If he hears a noise it makes sense to grab his gun off the nightstand and hold it while evaluating what he's hearing in the house.

You are correct. I live in San Diego, there's no carry here. In my situation if the alarm goes off I will be in my bedroom with my wife and three little dogs. No kids. I damn sure won't be going out into the house, I'll be behind cover with a pistol pointed at our bedroom door. If someone tries the door I would be inclined to warn them off. If the door is kicked open it will be go time.

Due to conveniently placed mirrors I don't have to stand in front of the bedroom door, I can see it in the reflection from around a corner.

[CSACANNONEER]

I will advise you to take a course on the legal use of lethal force in self defense. As far as what might happen, it's anybody's guess. There is no way to know for sure what might happen before, during or after you use a firearm (including just having it in your hand) while interacting with a home invader.

[JeffSD]

I will advise you to take a course on the legal use of lethal force in self defense. As far as what might happen, it's anybody's guess. There is no way to know for sure what might happen before, during or after you use a firearm (including just having it in your hand) while interacting with a home invader.

I took a course including live-fire instruction back in 1992 in Washington (even though it wasn't required), I also took an 8 hour course two years ago for my Utah and Arizona carry permits (Bill Desy). But it didn't cover this.

[Cortelli]

Why would you call USCCA or your lawyer or other provider? You did not shoot and you are protected. If you fired then you may want to call your lawyer.
If you are arrested then you will want your lawyer.

If you did not shoot the intruder then you are just the complainant or victim depending on how the officer writes up his report. If you used deadly force then you will want your lawyer and not answer any question till you have your lawyer present.

If your not an LEO nor have ever been an LEO then why are you answering in this thread.?

Hypothetical: Someone broke into my home; I heard that someone breaking in (now "him"), confronted him with a weapon, and ordered him to leave. He did. I think I am the victim of a burglary, breaking and entering, or trespassing at least; maybe assault / ADW.

I'm the victim of a crime, and I've used a weapon (whether he saw it or not) in defending myself. I am damn sure going to contact local LEA and then my insurers / service providers / attorneys. I'd rather not have some dude call 911 before me saying he mistakenly crossed a front / back yard and a crazy dude confronted him with a firearm - and the crazy dude lives at 123 Main St, etc.

IMHO, failing to do so because "I didn't shoot" is not a good strategy.

I am answering in this thread because this forum is open to non-LEOs who are civil. I'm not trolling, being disrespectful, or otherwise trying to cause any disruption. I welcome the perspective of of LEOs and others who post in threads on this forum.

Genuine question - not sh*t-stirring: Why do you think you should wait to contact any outside provider unless (1) you fired your firearm; (2) you maybe used deadly force without firing your firearm; (3) you are arrested; or (4) the reporting officer chooses to see you as complainant / victim / something else?

I think the better course of action is to have lots of folks hear your side right up front, with your view of the situation (even if very limited and circumspect), before things get down the road. And though I am not a LEO as I've said, I can't imagine my agency would like to hear that my home was broken into; that I confronted the intruder with a firearm at the ready; that the intruder left as I commanded; and the therefore I figured "no harm no foul" and just went about my business.

[P5Ret]

Hypothetical: Someone broke into my home; I heard that someone breaking in (now "him"), confronted him with a weapon, and ordered him to leave. He did. I think I am the victim of a burglary, breaking and entering, or trespassing at least; maybe assault / ADW.

I'm the victim of a crime, and I've used a weapon (whether he saw it or not) in defending myself. I am damn sure going to contact local LEA and then my insurers / service providers / attorneys. I'd rather not have some dude call 911 before me saying he mistakenly crossed a front / back yard and a crazy dude confronted him with a firearm - and the crazy dude lives at 123 Main St, etc.

IMHO, failing to do so because "I didn't shoot" is not a good strategy.

I am answering in this thread because this forum is open to non-LEOs who are civil. I'm not trolling, being disrespectful, or otherwise trying to cause any disruption. I welcome the perspective of of LEOs and others who post in threads on this forum.

Genuine question - not sh*t-stirring: Why do you think you should wait to contact any outside provider unless (1) you fired your firearm; (2) you maybe used deadly force without firing your firearm; (3) you are arrested; or (4) the reporting officer chooses to see you as complainant / victim / something else?

I think the better course of action is to have lots of folks hear your side right up front, with your view of the situation (even if very limited and circumspect), before things get down the road. And though I am not a LEO as I've said, I can't imagine my agency would like to hear that my home was broken into; that I confronted the intruder with a firearm at the ready; that the intruder left as I commanded; and the therefore I figured "no harm no foul" and just went about my business.

What is the first thing an attorney is going to tell you? Don't say a word to anyone about this. You've already called the police they are on the way when you call the attorney who tells you to shut up.

As you correctly surmised you're the victim, but if you aren't talking on advise from your attorney how is anyone going to know that? And by this time it is possible that the person you just pointed the gun at is reporting he was assaulted at your address, and now you don't want to speak without your attorney. See where is could end up? Calling an attorney is all well and fine when you need one, but being the victim you probably don't need one. I don't think I've ever arrested a victim, I have arrested several people who pretended to be victims though.

[Rogue187]

If you called the Police that is the extent that you are required to do.
If you fired your weapon then you will need the lawyer.
If you challenged the intruder and he ran off and you had called the police then you have fulfilled your obligation. Unless you did something wrong then you will need your lawyer.
Contacting a lawyer is only usefully if you erred somewhere along the line and that you could be subject to legal action by the police.

Your assuming all sorts..If your going to take any kind of action you should have the phone in your hand and be on with 911.

Have you taken any courses on self defense? Usually the instructors will tell you if your going to meet the intruder with a weapon in hand then the phone better be on you and connected to 911.

Or your spouse will be on the phone with 911.

I suggest you get some training to get yourself up to speed. You have the right ideas but in the wrong order.

There are quite a few books you can read and learn this but a competent instructor is better resource of info.