If someone breaks into my apartment am I allowed to shoot them since I don’t technically own the property?
Someone just told me that it is illegal to shoot someone where you live if you don’t own the property
Let me be more specific let’s say hypothetically five people came inside my house just fight me
- MarvinLv 71 month ago
Do not listen to urban legend. The law that allows you to use deadly force to defend yourself is called a "castle doctrine" or "stand your ground law". It does not specifically cover your personal property or the their being inside your domicile. It applies to anyplace you happen to be (your car, your parking stall at your apartment, your apartment, your storage shed, etc). You have to show that you are in danger of being harmed. If the person took the time to come though a window, kick the door down, etc, then it is assumed that you are in danger. This part will vary from state to state; if you are in your car, and someone is coming up swinging a hammer, you can assume that he is going to bust the window and harm you.
If five people came into your apartment to harm you then by all means you have every right to use deadly force against them.
You do not have to fire a warning shot. That would be unwise because the bullet could harm one of your neighbors and that is not cool.
As for me, I studied martial arts in the military. I keep my nanchuku sticks handy in my house. If I killed someone in self defense using my hands and feet and it took multiple blows I am more likely to be arrested than you would be if you shot the attacker. Why? A court could argue that the attacker was stopped when hit him the first time, and I should have allowed him to run away rather than striking him again and again.
- STEVEN FLv 71 month ago
For the purpose of self defense and/or Castle Doctrine laws, ownership is not relevant. Your legal residence is your home.
- D50Lv 61 month ago
If you're legally renting a place, it's yours as far as rights of privacy, self-defense, and so on go. If you're allowed to shoot someone in a home you own, you're allowed just as much to shoot them in your rental place. I'd research the legality of shooting anyone, though, before testing the doctrine.
- curtisports2Lv 71 month ago
False. If it's legal to use a firearm in self defense where you live, it doesn't matter if you own or rent. It's YOUR home.
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- xyzzyLv 71 month ago
It depends on where you live. There are two legal issues to consider. Does your state state have a Castle Doctrine and/or a Stand Your Ground law? The majority of states have one or both. A castle doctrine, is a legal doctrine that designates a person's abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. A stand-your-ground law provides that people may use lethal force to defend themselves or others (right of self-defense) against threats or reasonably perceived threats, regardless of whether they can safely retreat from the situation. Under such a law, people have no duty to retreat from any place where they have a lawful right to be and may use any necessary force if they reasonably believe they are in imminent danger of death, serious bodily harm, kidnapping, rape, or (in some jurisdictions) robbery or some other serious crimes. The exact details vary by jurisdiction. .
- Anonymous1 month ago
WHERE is important. Many State laws refer to protect the premises. The premises is where you live, not what you own.
Someone is pulling your leg. There would be no difference owning or renting. The question would be, were you in fear of being physically harmed.
- TroyLv 61 month ago
You can't shoot someone for trespassing, whether it is your property or not and no matter what state you live in. If you are in danger and you have no viable escape route then you have a right to defend yourself from that danger. That is a law of all living things.
If you can convince a jury that you believed there was imminent danger to the safety of your self or others you can do it anywhere.
- Anonymous1 month ago
I've never heard that before ............................