Home invasion question

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RPBrown
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Joined: Sun Mar 27, 2005 11:56 am
Location: Irving, Texas

Re: Home invasion question

Post by RPBrown »

I believe it is Venus Pax that has the signature line that reads: If someone breaks into your house, they aint there for tea.

As asked above, how long are you willing to wait and see if deadly force would be needed? Me, I'll wait as long as it takes to get my gun.
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Heartland Patriot

Re: Home invasion question

Post by Heartland Patriot »

texasmike wrote:Regarding the invited guest who won't leave, note that the self-defense justifications in PC 9.31(a)(1)(A) and 9.32(b)(1)(A) require that the entry was "unlawful[] and with force." If someone lawfully enters (because you invited him in) but refuses to leave, there's a good chance that PC 9.31(a)(1)(A) and 9.32(b)(1)(A) would not justify the use of force or deadly force. However, force or deadly force may be justified by some other provision and for some other reason -- for example, if the invited-turned-unwanted guest pulls a gun on you.
Fine, if it was someone that I invited in for some reason, and then asked to leave and they refused, they can sit there until law enforcement arrives. And I will inform them of this, were it to come to that situation. If they left because of that, mission accomplished. If they then got unruly, well, now they have given justification for force. You'd hope it wouldn't ever come to that, and if you politely asked someone to depart, they would...but some folks can be stubborn...if I'm in my home doing nothing wrong, the burden is on them.
Ruark
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Re: Home invasion question

Post by Ruark »

Heartland Patriot wrote:if it was someone that I invited in for some reason, and then asked to leave and they refused, they can sit there until law enforcement arrives
An interesting scenario, since the ENTRY was invited. I have been to a couple of parties over the years where one person drank too much and, with a good deal of almost-physical confrontation, was convinced to leave (with somebody else driving him). If the person had become violent, then I hypothesize that the regular use-of-force/deadly force rules would have applied, but not the "forced entry" provision.

If he were alone, it would have been irresponsible to force him to drive home, in which case we would have had to call the police. That would have been a very ugly situation, considering that the persons concerned were basically friends, but unfortunately after a point it would have been necessary.
-Ruark
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