What reasonable force can be used to protect your home and property

[Doofy]

What reasonable force is allowed when you wish to protect your home and property from undesirable visitors in the night or during the day for that matter? When can someone be charged with trespassing? :confused:

[Qld504]

You have virtually the same criminal code in Western Australia that we have here in the east (Qld). "Such force as is reasonably necessary to prevent any person from wrongfully entering... blah blah" , ..."provided he does not do bodily harm to such person". That obviously runs to merely pushing, moving, manhandling off the premises etc. (No Glock or nightstick !!). Cheers.

[Scruit]

In most states there is very little force that you can use to protect proprty. If you use any weapon that could be considered deadly (baseball bat, golf club) to stop someone from stealing your stuff then you're on very dodgy legal ground.

To protect yourself the general consensus appear to be that you can meet force with like force. Not necessarily the weapons-for-weapon... ie if someone starts beating you with a basball bat then that is deadly force, and use can use deadly force to stop him.

Also consider that if you are considered to have provoked the situation then you could have problems. If you *know* there is a burglar downstairs, and that all of you family members are safe upstairs, then going downstairs with a gun to confront them is gonna be hard to justify as a defensive action. You'd be better barricading yourself in one room and calling the police.

Legally: If you use a baseball bat to stop a guy from taking your VCR then you are probably going to have to answer for that in court. Especially if he is unarmed and has shown no intent to do you harm.


On a personal note: At the end of the ay stuff is replaceable and lives are not. There is never a good reason to jeapordise a life for material posessions. I would personally only want to answer for my use of force when defending a life, not a thing.

[myke]

are you kidding me. So your saying if some strange man is in your house stealing your stuff not to confront him.

I dont think so. How do you know hes not going to do anyone any harm?How do you know hes just there to steal your VCR?

I say if he enters your house then he is fair game. This is a grown man not some kid who doesnt know right from wrong.

[FPS207]

In Georgia, deadly force is not authorized for defense of property. Deadly force is authorized to defend your life or the life of third party. You have to be in fear of your life in order to use deadly force.

[Dan]

It differs from state to state. I think in Texas its ok to us deadly force to protect property.

[wild800]

In California you must be in "bare fear" of your life to use deadly force against an intruder in your home.

I think Dan is right about Texas, I read an article recently that said Texas allows deadly force to protect property. The example given was someone is stealing the tires off your vehicle which is parked on your property...hmmmm I like it!

[Jynkxxie]

It's all about how the report is written....

[Switchback]

I know in TX, you have a lot of liberty in thisd regard. I know of an instance where an off duty cop was sleeping and had a guy break in his house. He chased him down the street shooting at him (unarmed dirtbag)! It's a way of life in TX... ahhh, such a beautiful thing.

Now, to confront someone in your home is simple. It would be easy to articulate how you feared for your life if the person did not immediately leave. I know, regardless of what the law is, most states have very liberal laws for protecting yourself IN your home. Once they leave your residence, the laws can vary quite drastically.

Generally, you are safest protecting yourself and others with lethal force. Even if you really love your TV and have named it, you can always relace it. The same goes for your beloved car stereo.

[Ghost 1]

It's real simple for me, If someone breaks into my house,regardless of the reason,then they get a controlled pair to the chest. I live in a nice apartment complex with nice quiet working class neighbors. I don't worry about them or their kids trying to break in to my place. I however do worry about some dope dealer trying to get retribution on me or my family cause I locked them up. If someone trys to break in,then that is my 1st thought and I'll respond accordingly.

[Group9]

are you kidding me. So your saying if some strange man is in your house stealing your stuff not to confront him.

I dont think so. How do you know hes not going to do anyone any harm?How do you know hes just there to steal your VCR?

I say if he enters your house then he is fair game. This is a grown man not some kid who doesnt know right from wrong.

Laws vary greatly from state to state. Do not take anything for granted you read here unless it applies to your own state and you check it out for yourself. Generally, but not always, a person in your home at night is considered a threat to your life, regardless of whether he is stealing anything or not.

But, you have to remember, STATES LAWS VARY. For instance, in Texas, you can use deadly force to prevent the taking of property at night. That is pretty much the extreme. Other states, primarily in the northeast, allow almost no self defence claims at all.

You don't want to be learning this law after you have killed someone.

[Qld504]

I guess the old rule that says, "I'd rather be judged by 12 than carried by 6" applies to your actions here if you take on an intruder in the middle of the night in your lounge room. There's another very appropriate saying too; "If someone confronts you in your house and you think he's got a gun, give him one (eg. shoot him). But if you shoot him and he hasn't got a gun, give him one !!"

[Zantar]

Aren't the gun laws in Australia such that actually using a gun in legal self defense is a virtual impossibility? I thought that all legally held guns were required to be kept locked up and seperate from any ammunition. I read that even knives are coming under strict regulation now. How anyone can expect such laws to do anything but make criminals bolder I will never understand. It saddens me to see that going on over there, especially because I have Australian blood running through my veins as my maternal grandmother is a war bride.

[myke]

Aren't the gun laws in Australia such that actually using a gun in legal self defense is a virtual impossibility? I thought that all legally held guns were required to be kept locked up and seperate from any ammunition. I read that even knives are coming under strict regulation now. How anyone can expect such laws to do anything but make criminals bolder I will never understand. It saddens me to see that going on over there, especially because I have Australian blood running through my veins as my maternal grandmother is a war bride.

Maybe thats true in some places but I dont think many have that law. As far as I know you can have all the loaded guns you want and carry them at your residence. But as soon as you step off your property you can get in trouble unless you have a CCW.

I think you may be referring to the law about kids and loaded guns. You can get charged if a kid finds your gun and injures himself or someone else. I am not a gun law guru so Im not sure if this is all correct.

[Scruit]

I'm not saying you absolutely cannot confront a person who is stealing your stuff... I'm saying that putting your safety at risk for 'stuff' is not smart.

"How do you know he's just there to steal your VCR" If you go down there and confront him then you'll never know, becuase it WILL become a violent confrontation regardless of the ORIGINAL intent of the robber. If you want to know if the robber originally intended to hurt you then STAY in your safe room with you family and gun. If he tries to get into that room in spite of your warnings then it's Open Season on scumbags. Don't shoot through a closed door, and always issue a warning - you don't know if the guy outside the door is a cop coming to save you who will either be killed or return your gunfire.


"I'd rather be judged by 12 than carried by 6". I've heard that one before. You can ensure your safety and that of your family without rushing downstairs Rambo-style. In fact if you lock your whole family in a room upstairs (if circumstaces permit, of course) and arm yourself then you are in much better control of the situation than if you went downstairs. When you go downstairs armed to a known burglar you risk shots being fired. Those bullets don't care who's on the other side of a wall, or through the ceiling. You also are probably not trained to identify fatal funnels or sweep a house safely. However if you place yourself in a room behind a locked door, holding a shotgun, and with your family in the same room but away from you (you don't want them hit by any bullets fired at you) then you have several tactical advantages. You can pick the location of the fight if the burglar wants one. You also don't force a confrontation with a burglar who only wanted your VCR but will use deadly force against you to avoid capture.

Also, if it does go before a DA/Grand Jury then what looks better? "I heard a burglar downstairs so I grabbed by gun and went to scare him away. He was startled and I thought he could have a gun so I shot him". versus "I heard a burglar downstairs so I got my family into the bedroom and called the police. The burglar then tried to get into the bedroom so I shouted a warning. He ignored the warning and kicked the door down so I shot him to stop his attack."


Again - when your actions are judged, your escalation of the confrontation will be judged also. If you KNOW there is a burglar downstairs and you go down there with a gun then the obvious potential result of that action is violent confrontation, possibly a gunfight. Ask yourself again if you escalated the situation by going downstairs to force the confrontation?

I'm not a wuss, and I will kill any man that threatens the lives of my family - but I will not create an even greater threat to my family by putting my life on the line for a VCR. My family can't get a replacement father from Best Buy for $60.

Obvious exceptions are that I would 'clear' the house if I heard a suspicious noise but couldn't identify it. As soon as I realise it's a burglar them I'm going back upstairs to the safe room and await the cavalry. Also, if your family is not together then nobody will fault you for going to find the outstanding familymember(s), and going armed in a potential/actual burglar situation is prudent.