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The Water Cooler
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Hospitalized teen to be jailed, Muskogee OK
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<blockquote data-quote="ripnbst" data-source="post: 1988456" data-attributes="member: 16136"><p>Not tracking down case law but if someone is attempting to kick in a locked door I do believe you are legal to shoot them in fear so long as you are inside. If someone is attempting to open/break a locked window I believe you are legally protected to shoot them so long as you are inside. If someone is attempting to break into your vehicle with you inside it I believe you can shoot without fear of prosecution. If they are in the act of a crime, which B&E/burglary is, I believe you are protected under the law to defend what is yours anywhere you are legally allowed to be.</p><p></p><p>Also, if you are in your home and they break in, it's a felony. If they break in and you are not home, it is not a felony. I believe that is why the "<strong>and you are on the other side</strong>" phrase is paramount, makes it a felony.</p><p></p><p>Also, from the article, it sounds like the 18 yo kid said some self-incriminating things which may be why they are thinking no charges will be filed against the home owner.</p><p></p><p>Not an expert, LEO, or attorney. This is just my understanding of it.</p></blockquote><p></p>
[QUOTE="ripnbst, post: 1988456, member: 16136"] Not tracking down case law but if someone is attempting to kick in a locked door I do believe you are legal to shoot them in fear so long as you are inside. If someone is attempting to open/break a locked window I believe you are legally protected to shoot them so long as you are inside. If someone is attempting to break into your vehicle with you inside it I believe you can shoot without fear of prosecution. If they are in the act of a crime, which B&E/burglary is, I believe you are protected under the law to defend what is yours anywhere you are legally allowed to be. Also, if you are in your home and they break in, it's a felony. If they break in and you are not home, it is not a felony. I believe that is why the "[B]and you are on the other side[/B]" phrase is paramount, makes it a felony. Also, from the article, it sounds like the 18 yo kid said some self-incriminating things which may be why they are thinking no charges will be filed against the home owner. Not an expert, LEO, or attorney. This is just my understanding of it. [/QUOTE]
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Hospitalized teen to be jailed, Muskogee OK
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