My brother in law asked me what I would do if an armed burglar broke into my house while I was at home. I said that I would shoot him. Obvious answer to me. Anyway, He says that if I shoot a burglar in my own home in self defense that the police will confiscate my gun and it will not be returned. Can anyone tell me if this is true or not. That just doesn't seem right.

I'd suggest not asking for legal advice on the internet. If you want to know the deadly force laws in your state, ask the attorney general's office to point you to the relevant statutes.

A concealed carry class may touch on this, also, depending on the requirements of your state.

You can get all the opinions you want here, but unless someone is a practicing criminal defense lawyer or prosecuting attorney, in your state, it's all pretty meaningless.

2nd the advice given above. This board is not a legal one and opinions are just that - opinions.

Please check with your local law enforcement for the procedures in your locale.

Thanks. I'll try to get ahold of someone tomorrow.

Why not just go down to your local PD station and ask.

Anyway, He says that if I shoot a burglar in my own home in self defense that the police will confiscate my gun and it will not be returned.

In a shooting death, you can assume the gun will be kept as evidence. You can also assume that the deceased's family is going to file some kind of wrongful death lawsuit against you, and that you will spend $100,000 defending yourself.

The bottom line is that it's no small matter to kill someone, even if you place no value in the life of a burglar. If your life was saved, you should be happy to buy another gun.

Why not just go down to your local PD station and ask.

Eh ... the police are the last people I would ask. First of all, they're going to wonder why you're asking. Secondly, they're liable to tell you anything that suits them. They're definitely not experts on the law, they just have a job to do. Thirdly, they aren't much involved in what happens after the fact, and won't know much about whether you'll get it back.

If you want good legal advice, the only place to get it is from your attorney.

Eh ... the police are the last people I would ask. First of all, they're going to wonder why you're asking. Secondly, they're liable to tell you anything that suits them. They're definitely not experts on the law, they just have a job to do. Thirdly, they aren't much involved in what happens after the fact, and won't know much about whether you'll get it back.

If you want good legal advice, the only place to get it is from your attorney.


i was referencing his firearm confiscation.......easy.

I think many states are actually dealing with this issue now. Most believe the perps have had the upper hand too long. I agree. Armed or not, any sane person would consider seriously breaking into someones home so that makes someone that would "criminally insane" and not worth killing. If you can follow that then you probably are a burglar.

That is just insane. The law would rather have me stand there, get shot and let someone have all my stuff. Of course if he is a good shot, then I guess I will have no need for any of my personal belongings. But, yes I would much rather buy a new gun than be dead, so my answer is still, I would shoot him.


Edit: Just talked to the county Sherrif. According to Him, West Virginia has adopted the castle doctrine, and If a person has broken into my home and points a gun at me I have the Right to use deadly force. Furthermore, there are also statutes in place that prevent the criminals family from suing me for protecting my castle. Thanks for all the input guys.

Texas castle doctrine would allow deadly force in some circumstances, and I'd use it if me or my family were threatened. as for stuff or things inside the house, it would depend on the circumstances and the prep. Stuff just ain't so valuable that , in all cases, I would take a life for it. Besides, most of it will end up at the dump when I'm finished with it or when I die because it will just be trash to others for the most part.

Absolutely. In most cases I would just subdue the burglar. I would only use deadly force as a last resort, and if someone is pointing a gun at me, I can only assume that they are going to shoot. Like my grandpa always said, Never aim at anything you are not willing to kill.

Legal can differ from moral. Spent last weekend w/ a briefing on laws in WA state. Burglarly is a felony that can justify lethal force in WA, but would you want to kill someone who is only lifting your 20 year old stereo?

Other states have different laws.

Interestingly the instructor I had said that your chances of being sued was small. Most criminals and their families lack the money to bring lawsuits, and if you're cleared of criminal charges, you won't find too many lawyers willing to take a civil case on a contigent fee.

However, you could easily spend $100k on your criminal defense.

We all should think long and hard about our response before we have to make the decision in a panic.

Fortunately for me, I'll just bury the body in my 5800 acre back yard and nobody will ever find out.

Your firearm would likely be confiscated and held pending evidence. Make sure to get a receipt from the PD.

Sorry to say that I would not find it morally wrong to take the life of a two bit thug that will kill me if I don't pull the trigger first. It's not like I am talking about shooting an unarmed man. The hypothetical situation involves an armed intruder, who's intent is to get what he came for, even if that means killing the family in the home his breaking in to. I wouldn't lose a wink of sleep for defending my family and my home.

Fortunately we have the Castle Doctrine in Missouri now, so at least if I am involved in a defense shooting in my own home, I can't be sued. However, taking the life of another person is not a trivial thing and it can haunt you for the rest of your life.

I have an alarm on the house, and I used to have a dog also. If that fails, I have a 12 ga and the Mrs. has a 9mm. I pray we never have to use them in defense, but the presumption is that if someone breaks into a home at a time when the owners are typically present, they are prepared to do you harm.

Sorry to say that I would not find it morally wrong to take the life of a two bit thug that will kill me if I don't pull the trigger first. It's not like I am talking about shooting an unarmed man. The hypothetical situation involves an armed intruder, who's intent is to get what he came for, even if that means killing the family in the home his breaking in to. I wouldn't lose a wink of sleep for defending my family and my home.

No argument from me. I missed the "armed" description in the first post. In the new NRA mags, there's an armed citizen report of an intruder threatening the citizen by saying "I have a gun". At that point my instant response would be BANG!...followed by BANG, BANG!

My brother in law asked me what I would do if an armed burglar broke into my house while I was at home. I said that I would shoot him. Obvious answer to me. Anyway, He says that if I shoot a burglar in my own home in self defense that the police will confiscate my gun and it will not be returned. Can anyone tell me if this is true or not. That just doesn't seem right.
Many of you might have read about the recent case of the man who saw his neighbors house being burglurized by two thugs. He called 911 and told them that he was going to shoot the thieves. 911 tried to talk him out of it but he shot and killed both of them anyway.
When it came to trial, the jury found him innocent.
I think this was a Texas case, but I'm not sure.
At any rate, it sounds like a Texas case. Down here, we are just about sick of it.
We have the right in this state to defend and protect our property as well as others, but you still must rely on a jury and judge because it will go to court.
As Fess Parker said in Davy Crockett, "Just be sure you're right then go ahead!"
Good Luck

I doubt I could ever shoot someone, even in defense of life. That is not something I am proud of it is just a fact that I have learned about myself. I am just that tenderhearted of a soul, I guess but the fact remains if someone breaks into your house while you are there they desearve killing. Armed or not and you don't need to make it a "rightious shoot" so to speak. Your hesitation to do the right thing in that case could get you or one of your family killed. You are not a cop. You are in your home for God sake. Kill the you know what!

Sorry, I just can't see it any other way. There is no way you can summize the intent of someone that has broken into your home in time.

Thanks for your thoughts Chief. You make very valid points. Knew you were a softy...LOL:p:D:p

to the board;

Everyone is entitled to their own opinion, so as this thread could easily turn into a flaming war, just respect others thoughts, and it will continue.

so far, this has been a very mature conversation.

I thank you for that.

In my experience the police will take the firearm as evidence and when everything is said and done it will be returned providing you are innocent of the charges, if any. A lot of variables. The same thing happens to a police officer involved in a shooting under investigation. May be different in some areas.

We have a case here where a guy shot his step-son and is currently awaiting trial.
http://www.emporiagazette.com/news/2008/jul/11/charges_filed_against_swafford/
http://www.emporiagazette.com/news/2008/jul/11/shooting_victims_condition/
http://www.emporiagazette.com/news/2008/jul/10/shooting_victim_critical_condition/
http://www.emporiagazette.com/news/2008/jul/30/news_briefly/

However, taking the life of another person is not a trivial thing and it can haunt you for the rest of your life.


I've never understood this "haunted" bit. I'll certainly agree that it's not a trivial thing, but if you were right, and it needed doing, why should it bother you later? This is something I see a lot in books, movies, and other media; but, having known several respectable men who've taken a life (or more than one) in just cause, I've yet to meet one who was all torn up about it and "haunted".

Seems to me that if a man is confident in himself and his actions, and does what he knows to be right and necessary, he will not feel guilt for his actions.

Back on topic, I've seen examples of guns locally that were used in shootings (criminal or not, I can't say) that were confiscated by police and engraved with a new serial number, in a very ugly and defacing way. One gun show dealer informed me, with a straight face, that the police do this "for my own protection". I hate that statement, with a passion.

2nd the advice given above. This board is not a legal one and opinions are just that - opinions.

Please check with your local law enforcement for the procedures in your locale.

I agree with point one, but not with point two. Law enforcement people can tell you what their policy is, but they cannot explain the law to you. That would be committing the crime of practicing law without a license to do so. You need to check with an attorney. I can practically guarantee there's one around where you live who knows off the top of his head and will tell you for free.

In Virginia, the definition of burglary is the traditional English Common Law definition: breaking and entering the dwelling of another in the nighttime with the intention to commit a felony. The simple act of breaking and entering is not the same as burglary, and one who does so in the day time is not a burglar, he's a trespasser. A burglar is presumed to be willing to kill, while a trespasser is not. So you can kill a burglar, but if you shoot a trespasser it had better be a reasonable amount of force given his reaction to your order to remove himself; i.e., like he pulled a deadly weapon and threatened you or a family member with it.

It's very likely that the law is different where you live, so ask an attorney (not just a lawyer - anybody with a law degree is a "lawyer", while an attorney is licensed to practice law.)

I will tell you the same as stated above. The gun will be evidence and held as such. I have seen the guns returned in as little as a few weeks and I have seen some never returned. You need to read and UNDERSTAND the use of force laws in your state. I would tell you, as I did those I taught in CO, reguardless of how the law reads it would not be adviceable to use deadly force unless you can ARTICULATE a reasonable fear of death or serious injury to you or another.
As for the civil suites, they are few and far between if you follow the above. When someone does get sued it makes good press. Kind of like an airplane crash, they don't happen often, but when the do everyone gets all parnoid!!;)

I agree with point one, but not with point two. Law enforcement people can tell you what their policy is, but they cannot explain the law to you. That would be committing the crime of practicing law without a license to do so. You need to check with an attorney. I can practically guarantee there's one around where you live who knows off the top of his head and will tell you for free.

In Virginia, the definition of burglary is the traditional English Common Law definition: breaking and entering the dwelling of another in the nighttime with the intention to commit a felony. The simple act of breaking and entering is not the same as burglary, and one who does so in the day time is not a burglar, he's a trespasser. A burglar is presumed to be willing to kill, while a trespasser is not. So you can kill a burglar, but if you shoot a trespasser it had better be a reasonable amount of force given his reaction to your order to remove himself; i.e., like he pulled a deadly weapon and threatened you or a family member with it.

It's very likely that the law is different where you live, so ask an attorney (not just a lawyer - anybody with a law degree is a "lawyer", while an attorney is licensed to practice law.)
I find this hard to beleive. Day or night is not an issue. It is the intent of the intruder which make the differance. And if it is a building or an occupied structure. If it is a private dwelling it is usualy considered an aggervating circumsatance. If it is occupied it is usualy another aggervating circumstance. In most places the only 'property' crime where deadly force is authorized in 1st Degree Arson.:)

I'm blowing away anyone that breaks into my abode armed or not. They are a threat. It is possible for someone to cause severe bodily injury or death with thier hands.

That is just insane. The law would rather have me stand there, get shot and let someone have all my stuff.

In a word? "Ireland"

_Kar