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In reply to the discussion: Teenager Mistakes Little Brother for Intruder, Shoots Him [View all]Flatulo
(5,005 posts)All they have to do is make sure I'm not home when they come to get it. In fact, if I pulled into my driveway while someone was cleaning me out, I'd back right out again and call 911. In general, people are obligated to avoid confrontation with a burglar if it can safely be done.
The definition of home invasion is someone forcibly entering a domicile without permission, while lawful residents are present. It's a pretty ballsy crime, and I would never assume that someone crazy enough to do such a thing has no intentions of harming myself or my loved ones. In fact, my default position would be to assume that they have every intention of assaulting myself, my family, or my guests.
You can read the definition here...
http://definitions.uslegal.com/h/home-invasion/
Given the opportunity to attack, I would do so with knife, bat, gun, ice cube tray, or any other available object that would seem to be effective at repelling the intruder.
The last time i checked, all fifty states recognized the right of lethal self-defense in the home. Mssachusetts used to require the homeowner to flee, but that was reversed in the 90s. It just doesn't get any more clear cut. The resident is not required to wait to ascertain the intruder's intentions, because doing so could prove fatal. In other words, the resident is presumed to have used force justifiably within the home.
Some southern states have gone much further (too far, IMO), allowing homeowners to use deadly force outside of the dwelling.
But no, I would not shoot some kid running away with my X-box. Fuck it, the new generation models will be out soon anyway.