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It is a case by case basis. There is no law stating it is legal to just shoot someone who enters your home. If they have a weapon and they mean to harm you or it is dark and they come at you and you shoot them in self-defense, you will not go to jail for it (at least I know of no case in which someone went to jail for self-defense). As always, the police will do an investigation (should such a thing happen) and they will determine what happened. That all depends on the laws in your State. To use deadly force in some states, you only need to demonstrate that you feared for your life. In other states you have to actually SEE a gun in the hands of the assailant. Check your local laws. If you have a question about that, see what it takes to get a concealed weapon permit. Even if you don't get the permint, going for the class will give you answers to this type of question. There are many cases in which a home owner was unable to prove "self defense" was justified, and has been found guilty of manslaughter. In general, you may be required to show that you had a reasonable fear of imminent bodily harm (e.g., saw a weapon and expected the intruder to use it), attempted to avoid having to use force, attempted to flee, and only then used the force necessary to stop the aggressor, which turned out to be lethal. However, some states have a "home is his castle" law removing the obligation to attempt to flee from your own home before defending yourself or others with lethal force. Some states even permit lethal force in defending property.

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โˆ™ 2007-03-20 07:31:35
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Q: Is it legal to open fire on an assailant who has entered your residence by way of breaking and entering?
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