Retar’d LE. Kinesthetic dufus.
Don’t tread on volcanos!
Just my .02
We've recently seen where a professional UFC fighter struggled with this same situation in his own home. I am no where near as skilled as he is in hand to hand combatives and it was an eye opener to him the challenge it was when dealing with an attacker that was in an altered mental state.
As many have already said, if an intruder enters my home while I am there he has done so despite clear signs the residence is occupied (no garage so cars are visible from the road) and despite two dogs inside. If I encounter him and am armed and issuing commands and he advances or charges he is either to drugged or deranged to know or care or has sized me up and decided he can take me. I'm 6'4" 240lbs and likely the only thing between him and my family. If he beats me the consequences are potentially dire and at that point he would no longer potentially be unarmed. If he's sized me up and thinks he can take me, I have to assume he may be right.
I'm also not sure how you'd definitively determine a person to be unarmed without securing and searching them unless they were fully nude. Fully nude attacker likely falls in that drugged or deranged category and "crazy strength" comes into play.
I hope to never have to make this decision and am in the process of further hardening my doors for additional security. If I'm caught unarmed in a situation such as this, then shame on me and I guess its on.
rd, you're a better man than I am.
If someone breaks into my home, whether oh-dark-thirty or while the sun is out, they get one chance to vacate the premises under clear, concise, vocal commands. After that, I will throw myself upon the mercy of the great state of NC and its law enforcement officers for what transpires in its wake.
I have no intention of going hands on in my home with some miscreant that decided it looked like an opportunity. My dog may feel differently.
There's nothing civil about this war.
The tool strikes me as irrelevant. If someone is unavoidably worth shooting, they’re worth shooting with pistol and long arm alike. If an intruder in my home thinks that they can take me, with a gun in my hand, it really doesn’t matter which gun. This isn't a long gun v pistol question; this is a tactics, training, and "understanding state case law" question.
“There is no growth in the comfort zone.”--Jocko Willink
"You can never have too many knives." --Joe Ambercrombie
I AM NOT YOUR ATTY. I AM NOT GIVING YOU LEGAL ADVICE. ANY OPINIONS EXPRESSED ARE MY OWN AND DO NOT CONSTITUTE THOSE OF ANY EMPLOYER, PAST, PRESENT OR FUTURE.
The answer is-it depends. The law vary widely amongst the 50 states. The likely and/predictable application of said laws varies widely within the state. There are some locales where if you shoot someone to death inside your home, bare minimum, you may spend the night in jail and a grand jury is going to decide your initial fate, end of story, full stop. In other places, there will be a very strong presumption in your favor as the descendant was perceived to live a life that demanded that someone kill him and it was just a matter of time until he found someone to oblige him. In my metro area, there are 2 states and 6 counties in play.
You should be seeking your advice from an atty who practices in the criminal law area and who has experience in your specific locale. Almost always, the best criminal defense lawyers in an area were prosecutors, public defenders or both, often in the geographic area where they are now doing defense work. These individuals have the education/training/experience and access that others do not.
I say that with the utmost respect to those who have endeavored to answer then question, particularly those whose answers reflect the fluidity in this area of the law given where they live.
Butt stroke to the head and...MOVE!
I've only had to wield a guy off me while holding a long gun once. Another officer went to hip toss him off a porch, misjudged, and literally threw him at me. I instinctively butt stroked the guy between the shoulder blades to make space. Butt strokes, muzzle punches, etc. can work. I'm much more willing to try when I've got a couple of my also armed buddies involved. At home when it's just me and if I go down my family is up next, not so much.
Sorta around sometimes for some of your shitty mod needs.
As the question is worded, the answer is pretty simple for me. He gets a butt stroke.