From: callison@essex.ecn.uoknor.edu (James P. Callison)
Newsgroups: rec.guns
Subject: Re: Bad tactical position ( was Psychology in Defense)
Date: 17 Nov 92 02:09:10 GMT
Article-I.D.: constell.Bxu306.AGz
Organization: Engineering Computer Network, University of Oklahoma, Norman, OK, USA

In article <1992Nov16.161515.5452@news.yale.edu> watt-alan@net.yale.edu (Alan Watt) writes:
#
#In article <Bxrvs1.3AH@scylax.uucp>, scylax!tiglath@uunet.UU.NET writes:
#
#|> B. Some one is picking the lock. I heard the noise and I see a black 
#|> clad figure slowly entering the now open balcony door.  I am behind the 
#|> door armed,  do I shoot first?   The way I see, if he is a burglar
#|> and I make a noise 99% chance he'll flee,  if he is a deranged sadist
#|> he has found his target, for which he might be well prepared.
#|> Am I expected to take this chance?
#
#You are behind the same door the intruder has entered?  In this case
#he can't "flee" without approaching you.  If you see a gun in the
#intruder's hand, you can shoot immediately and without warning.  Otherwise,
#you should avail yourself of whatever cover is available and order
#the intruder to stop.  I don't think the 99% figure applies to break-ins
#of occupied dwellings, by the way.  I would assume that anyone breaking
#into my home at a time when it is generally occupied (and especially
#at a time when people are asleep) has hostile intentions.

Here's an interesting question...according to some news report or another,
there's been a rise in burglaries (or, I guess, technically, robberies)
committed while the residents were at home--and they were purposefully 
committed while there was someone there. These perps were doing it for 
feeling of power, and they were bent on harm, and posed a clear and
present danger. Question: If you catch one of these, and he tries
to leave, do you shoot him? He poses a clear and present danger, and
will likely try it again (according to the report), if not with you
as the target, then with someone else...
I know the FBI's position is that a Special Agent who witnesses a 
a robbery is bound to try and apprehend the subject, even though it
is technically not under FBI jurisdiction; do we, as "a well
regulated militia," do the same? (I think the answer is to shoot, under
Arizona's laws, but I'm not certain what any other laws are. I think
that, under Colorado and Oklahoma law, the moment he enters my
house, he's at my mercy, no matter what he does, so I'd shoot, no
question. What would _you_ do?)

#Someone who has unlawfully entered you home armed with a firearm
#has etablished both hostile intent and lethal capabilities.  You can shoot
#him even if his back is turned to you.  For ethical reasons, and to
#avoid any possible legal difficulties, you may want to give this intruder
#the chance to retreat from confrontation, but you need not if doing so
#would place you or other innocent lives at greater risk.

I realize that this could get a little bit off the charter, but I'm
actually more interested in what you can _legally_ do around the 
country, given the above circumstances, and come out of it with your
freedom intact.
(Moderator, feel free to send this one to the funny farm (t.p.g) if
you feel that's it's too far off the charter. I really do want more
of the informational side of this, but it could get rather political...)

				James

James P. Callison       Microcomputer Coordinator        OU Law Library 
Callison@aardvark.ucs.uoknor.edu   /\    Callison@uokmax.ecn.uoknor.edu
	constellation!biglaw!callison@mailhost.ecn.uoknor.edu
DISCLAIMER: I'm not an engineer, but I play one at work...
	I feel lucky, I feel lucky yeah
	Hey Dwight, Hey Lyle, boys, you don't have to fight,
	Hot dog, I feel lucky tonight
			--Mary-Chapin Carpenter, "I Feel Lucky"