Are You Going to Jail? (The next installment)

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  • RangeJunkie

    Expert
    Rating - 100%
    17   0   0
    Aug 15, 2011
    925
    18
    Geist
    Hopefully if I'm ever in a position that I must use my weapon it is a cut and dry case. No wondering what if's and all that. Scary thoughts!
     

    GuyRelford

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    2   0   0
    Aug 30, 2009
    2,542
    63
    Zionsville
    I'm working on it! Unfortunately, I'm also finalizing my continuing legal education course for Indiana lawyers on firearms law - so there's a lot going on.

    Here is the structure of my answer:

    1. Was the shooting in defense of the "curtilage" of the homeowner? If so, it falls within the "Castle Doctrine" of the Indiana self-defense statute (which is very different from the general self-defense provisions of the statute).

    2. Even if the shooting was in defense of the "curtilage," was the shooting "necessary" to "prevent or terminate" an illegal "entry or attack" upon the curtilage?

    3. If either of the above question is "no," then it becomes necessary to determine whether the homeowner had a reasonable belief that deadly force was necessary to prevent "serious bodily injury" or a "forcible felony."

    More to follow!

    Guy
     
    Last edited:

    jeremy

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    7   0   0
    Feb 18, 2008
    16,482
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    Fiddler's Green
    I'm working on it! Unforunately, I'm also finalizing my continuing legal education course for Indiana lawyers on firearms law - so there's a lot going on.

    Here is the structure of my answer:

    1.

    Guy you need to Prioritize which is more important. Some Continuing Ed Course at a lesser school, or the Answer you promised to us today...

    Be forewarned that we possess torches and pitchforks and are not afraid to use them...
     

    GuyRelford

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    2   0   0
    Aug 30, 2009
    2,542
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    Zionsville
    Guy you need to Prioritize which is more important. Some Continuing Ed Course at a lesser school, or the Answer you promised to us today...

    Be forewarned that we possess torches and pitchforks and are not afraid to use them...

    Ok, "LOL" is an overly-used acronym, but I literally laughed out loud at that, Jeremy. Nicely done.

    And I'm working on it.

    Guy
     

    ViperJock

    Master
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    10   0   0
    Feb 28, 2011
    3,811
    48
    Fort Wayne-ish
    Trained athletes who could defend a RNC are not the type to rob tool sheds. People dont need to be so afraid of criminals. Far more often than not, people who rob/steal are kids or drug addicts.

    You've been fighting since you were 8 and you dont have enough confidence in yourself or your abilities to take down a couple of nobodies. Take it from me, thats really dumb.

    You ever taken down someone on meth, pcp, ketamine, LSD? Superhuman strength with no response to pain and a rage you would not believe. good luck.
     

    jedi

    Da PinkFather
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    51   0   0
    Oct 27, 2008
    38,351
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    NWI, North of US-30
    queen-of-hearts-7.jpg
     

    lovemachine

    Grandmaster
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    17   0   0
    Dec 14, 2009
    15,604
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    Indiana
    Guy you need to Prioritize which is more important. Some Continuing Ed Course at a lesser school, or the Answer you promised to us today...

    Be forewarned that we possess torches and pitchforks and are not afraid to use them...

    Jeremy, let's be honest. Can you name 1 member here that's afraid of you?............













    See, you couldn't. 'Nuff said. :laugh: :D
     

    Sweetums

    Expert
    Rating - 100%
    11   0   0
    Dec 4, 2008
    849
    16
    Lake County
    I guess I'd have gone about this differently...

    If I can't have my own dang generator, then neither is anyone else. The proper solution is easy - shoot the generator!
     

    j706

    Master
    Site Supporter
    Rating - 100%
    60   0   1
    Dec 4, 2008
    4,161
    48
    Lizton
    Yup you are probably going to be charged and convicted. And at the very minimum you are going to loose everything you and yours have or might ever have in the suit that follows.

    Would anyone really condone killing someone over the B&E to a shed (out building) and the theft of a generator? Not me.
     

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