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locke_n_load wrote:

GlockBrandGlock wrote:

locke_n_load wrote: Now if they pull a weapon, charge you, etc., then have the right to use deadly force.
Home driveway, I believe the same rules apply.

What if you pull a weapon as a use of force to stop the burglary, then they charge at you? Would that constitute using deadly force? Or would they need a weapon in hand? I know you're not a lawyer, but I'd like another opinion, or know if there is already a precedent for this.

If they charge you, and you have a firearm in hand (they have nothing in hand), you would still be justified in using deadly force. If they are fixing to use force against you, you can go a level above that to stop the threat, the level above being deadly force.

Also, think of it this way - guy is charging me and we get into a scuffle, he gets lucky and knocks me out, and could potentially kill me when I'm unconscious. When can you shoot? Before they get to you. You don't want to decide to shoot after the guy is already on you. That is too late.

This only applies however, if you did not initiate the encounter. What I mean by that is if you start a fight, and then drew/shoot, the shooting would not have been legal.

locke_n_load wrote: Now if they pull a weapon, charge you, etc., then have the right to use deadly force.
Home driveway, I believe the same rules apply.