self defense law for Indiana?

[Hawk5552]

This is very informative and helpful information. Thank you all for looking all of this up. We may be ready to defend ourselves and loved ones with a firearm, but knowledge of the law is equally as important.

 

[Cemetery-man]

During a gun safety course, the instructor had a very valid point that has always stuck with me. He said that when he enters the house after the shooting, all he see's is someone standing over a body with a weapon in their hands. It is up to me and my attorney to prove that it was self defense and not homicide on my part. Until then I am the shooter who killed another person and more than likely will be cuffed and taken to jail. His advice to the class was to escape as your 1st choice and to only use a weapon if it was absolutely impossible to get yourself and your loved ones out of the house.

 

[ryknoll3]

During a gun safety course, the instructor had a very valid point that has always stuck with me. He said that when he enters the house after the shooting, all he see's is someone standing over a body with a weapon in their hands. It is up to me and my attorney to prove that it was self defense and not homicide on my part. Until then I am the shooter who killed another person and more than likely will be cuffed and taken to jail. His advice to the class was to escape as your 1st choice and to only use a weapon if it was absolutely impossible to get yourself and your loved ones out of the house.

This is nice in theory, but I don't think you're going to have time at 2 AM to roust your family out of bed and get them out of the house if you hear someone kicking in your door. If I'm out in public, discretion is the better part of valor, but in my home, my firearm is my first line of defense, not my last.

I'm curious, percentage-wise, how many home invasion self-defense shootings end up with the homeowner being taken to jail? I would think in most cases, if the cops show up and see a homeowner standing there with a dead body on the floor, and signs of forced entry (unless you leave your doors unlocked and they just waltz in) it's pretty cut and dry.

 

[finity]

It has been explained to me that if you match force you will be reasonable. Fight back but don't shoot the guy for punching you in the face.

The law doesn't require you to "match force".

The law only requires that your use of force (including deadly force) be reasonable.

Also, there is a common misconception that the only allowable justification for the use of deadly force is a fear of being killed. THAT'S NOT TRUE.

There are several things that the law allows you to use deadly force in response to besides threat of death. As a matter of fact the law on self-defense doesn't use the word "death" at all. It just says "serious bodily injury" or a "forcible felony" both of which are defined in the IC.

IC 35-41-1-25
"Serious bodily injury" defined
Sec. 25. "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes:
(1) serious permanent disfigurement;
(2) unconsciousness;
(3) extreme pain;
(4) permanent or protracted loss or impairment of the function of a bodily member or organ; or
(5) loss of a fetus.
As added by P.L.311-1983, SEC.26. Amended by P.L.261-1997, SEC.1.

Yes, "death" is listed here but so is "extreme pain" & simply "unconsciousness". You don't have to take a beating just because they didn't use a "weapon". A heavy shoe to the head can kill you just as fast (and probably faster) than a bullet to the gut. If you can reasonably show why you were in fear of being possibly knocked unconscious then deadly force is justified.

The threat still has to "imminent" (meaning it's happening right freaking now!).

If a guy pulls a knife you can shoot him with a gun. If the guy is a 250lb professional boxer & you weigh 150lbs wet you can shoot him with a gun.

IC 35-41-1-11
"Forcible felony" defined
Sec. 11. "Forcible felony" means a felony that involves the use or threat of force against a human being, or in which there is imminent danger of bodily injury to a human being.
As added by P.L.311-1983, SEC.12.

The above means things like armed robbery, rape, kidnapping, murder, etc.

While this might be a decent rule of thumb for "the street", this doesn't really apply to your house.
I'm not going to stand there and trade face punches with a burglar in my living room.

I agree but like I posted above you don't even have to necessarily trade face punches with a guy on the street, either.

 

[finity]

This is nice in theory, but I don't think you're going to have time at 2 AM to roust your family out of bed and get them out of the house if you hear someone kicking in your door. If I'm out in public, discretion is the better part of valor, but in my home, my firearm is my first line of defense, not my last.

I'm curious, percentage-wise, how many home invasion self-defense shootings end up with the homeowner being taken to jail? I would think in most cases, if the cops show up and see a homeowner standing there with a dead body on the floor, and signs of forced entry (unless you leave your doors unlocked and they just waltz in) it's pretty cut and dry.

Agreed.

Cemetary-man - Was that course given here in IN? If not it may have been in a state that required you to retreat first. Or it could have been given by an instructor who thought that "duty to retreat" either was, or should be, the law.

According to the law, you have to have a REALLY good reason to kill someone. That's the way it should be.

But if someone breaks into your house (I really don't care if it's 2am or 2pm) that is a REALLY good reason to defend yourself by any means possible.

If you do then I think the chances of anything happening to you are fairly slim, at least in IN.

 

[Bunnykid68]

It has been explained to me that if you match force you will be reasonable. Fight back but don't shoot the guy for punching you in the face.

Yeah right. A 6'5" 300lb monster is in my house is going to have my magazine emptied into him.

COP: Why did you shoot him 12 times?

ME: my gun jammed...can you believe it?

 

[Security122]

Yeah right. A 6'5" 300lb monster is in my house is going to have my magazine emptied into him.

COP: Why did you shoot him 12 times?

ME: my gun jammed...can you believe it?

 

[ryknoll3]

You have to be careful when going to these classes that you weigh the instructor's instructions against the law. Often they will give you their opinion and pass it along as what's required. Sometimes it's out of an abundance of caution, but you should still educate yourself as to what the law is. A friend of mine who lives in MN (where class/range training are required for a gun permit) was told by his instructor that it was against MN law to use FMJ ammo in your carry gun. This is completely not true, but he assumed since the instructor said it, it was true. I took a Utah non-res course in Indy, and the instructor, while very good, said a few things that were just his opinion, but not necessarily law. Some of those things he clarified as such during the class, and some he didn't. Educate yourself!!

When you're out in public, avoiding getting yourself into a shooting situation is definitely a good idea, but you should know what the law says your rights and responsibilities are so that you can limit your liability but also protect yourself to the maximum.