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KirStang · 10-07-2008, 06:35 PM

I stand corrected then. As I understood it, the 55gr AR projectile tended to deflect more easily than a 230gr projectile.

Respectfully however, on the issue of charging the homeowner--the hypothesis you've given us is underpinned by the idea that it is NOT in a Castle Doctrine state. If the scenario did indeed happen in a Castle Doctrine state, then, provided the burglar isn't fleeing, one has the right to shoot.

Furthermore, I think any jury--and any defense attorney for that matter, will not buy the argument that, since you used birdshot, you're liable for 2nd degree murder (Which by the way, needs to infer an extreme reckless regard for life). A suspicious man enters your home, you fear for the safety of yourself/children/wife/kids, so you shoot them. No problem.

The general jurisdictional rule is, if one honestly but mistakenly believes they had a right to use lethal force and death results, then they are liable for manslaughter.

The DAs out there aren't out to press charges against everyone, I think TV has taught us to believe all this legal bulls---, which is a far departure from reality.

10-07-2008, 06:35 PM	#32 (permalink)
KirStang Future Bureaucrat	I stand corrected then. As I understood it, the 55gr AR projectile tended to deflect more easily than a 230gr projectile. Respectfully however, on the issue of charging the homeowner--the hypothesis you've given us is underpinned by the idea that it is NOT in a Castle Doctrine state. If the scenario did indeed happen in a Castle Doctrine state, then, provided the burglar isn't fleeing, one has the right to shoot. Furthermore, I think any jury--and any defense attorney for that matter, will not buy the argument that, since you used birdshot, you're liable for 2nd degree murder (Which by the way, needs to infer an extreme reckless regard for life). A suspicious man enters your home, you fear for the safety of yourself/children/wife/kids, so you shoot them. No problem. The general jurisdictional rule is, if one honestly but mistakenly believes they had a right to use lethal force and death results, then they are liable for manslaughter. The DAs out there aren't out to press charges against everyone, I think TV has taught us to believe all this legal bulls---, which is a far departure from reality. Last edited by KirStang; 10-07-2008 at 06:52 PM..