self defense laws

[L-W-R-C]

can some one please explain the laws of self defense laws like if some one breaks in or you get mugged and stuff like that?

 

[Hammer]

The question is way to broad to answer on a message board in detail.

Do you have a specific question or scenario you have in mind?

 

[L-W-R-C]

im 15, 16 in august if some one broke in and i shot them would it be legal,and if some one comes on the property and i think they are going to harm me can i shoot them?

 

[melensdad]

Breaks in your house, is a viable threat to you, yes you can shoot them.

On your property, that is iffy. How big is the property. I have people walk on my property and they are a 1/4 mile from my house. They are on my property, not a threat, no I cannot shoot them. Even on a suburban 1/8 acre lot someone can be on your property and not a threat.

 

[L-W-R-C]

two half acres beside eachother.house is on left side other side is on corner of road and what if they had a bat or something like that

 

[melensdad]

two half acres beside eachother.house is on left side other side is on corner of road and what if they had a bat or something like that

So they were going to play softball?

You have to believe they are a real threat to you/yours. If you are inside and they are outside they are probably not a real threat. If you are on the porch and they are at the road it would be difficult to prove they are a threat. If they are running at you yelling they are going to kill you then you can drop them as they approach. Realize that a county prosecutor and the police/sheriff will be reviewing every aspect, from potential motives (yours & your alleged attacker) to the angle/distance/etc of the shot(s).

Shooting someone is something that I hope I never have to do, but I carry a gun anyway. Still, the aftermath would probably be horrific.

 

[L-W-R-C]

the yelling at me you talked about was exactly what i was talking about and thanks for clearing things up for me.

 

[melensdad]

the yelling at me you talked about was exactly what i was talking about and thanks for clearing things up for me.

Just yelling at you and holding a bat is not going to pass muster.

Yelling at you that they are going to kill you while swinging the bat and running up your front walk probably will pass, but if you can simply go inside then you just stopped the attack.

But if they did yell they were going to kill you then you should have called the police. If you are looking to escalate then you are going to be in some serious problems. You should be looking to create a trail of evidence, and calling the police and filing a report would be a good way to start that process. You should be looking to de-escalate.

Guns should be used judiciously, they are not the end of a problem, they are often the beginning of a long series of problems that are self inflicted if the mind of the person using the gun is not clear and the shooting is not 100% justified.

 

[Hammer]

im 15, 16 in august if some one broke in and i shot them would it be legal,and if some one comes on the property and i think they are going to harm me can i shoot them?

If someone broke into your home and you felt threatened by their presence, you have the right to use deadly force. Now lets say they are running out the door and you shoot them in the driveway in the back. I would say you need a dang good lawyer.

On your property. That is a tough one. A lot of circumstances left in a grey area to give a good answer. But basically, it is just like if you were out in public not on your property and felt threatened.

And as another member pointed out, Prosecutors, Sheriff, Lawyers will dig up anything they can to prove you right or wrong. Even events leading up to this, so be sure you are squeaky clean.

 

[L-W-R-C]

would they harp on the fact that im 16 and had a gun and shood i go for an asault rifle or a pistol?

 

[melensdad]

Actually they may throw your parent(s) in jail for that. You are a minor. By laws parents are required to keep guns away from minors (doesn't say how) but you are not allowed to have unfettered access to the gun without supervision (if I understand the law correctly) and that would land your parent(s) in a heap of trouble. I believe exceptions exist for hunting, by a licensed minor, with a valid permit, during season, etc.

Just some follow up here is some summary. In simple terms you are not allowed to possess the gun for the purposes you are referring.

Possession:

It is unlawful for an adult to provide a firearm to a child or for a child to possesses a firearm except while the child is:

• Attending a hunter safety or firearms safety course and an adult is supervising the child during the course.
• Target shooting at a range or in an area where the discharge of a firearm is not prohibited or supervised by a qualified firearms instructor or adult while at the range.
• Engaging in an organized firearm competition or practicing for a performance by an organized group that uses firearms as a part of a performance.
• Lawfully hunting or trapping with a license.
• Traveling with an unloaded firearm to or from an activity described in this section.
• At the child's residence and has the permission of the child's parent, an adult family member or legal guardian to possess a firearm.

Basically, if you go get a gun, even if it is generally considered to be "your gun" within your family, you are probably in violation of the above because you have not been given specific consent by your parent to take the gun for use as you are referring.

 

[techres]

would they harp on the fact that im 16 and had a gun and shood i go for an asault rifle or a pistol?

Hello! Welcome and good questions. A few points need to be clarified here:

1. No one here is your lawyer. Take all advice here with a grain of salt. None of us will be there with you if you end up on trial.

2. Please ask your questions very carefully, as law in this area is very specific.

3. Have you talked to your parents on this? No insult, but if you make a mistake, they will be your support and defense. It is important that you are all on the same page.

4. The generic rule is that you had better be in risk of death or great bodily harm. "Forcible Felony" is the legaleze here, but you shoot someone and you had better have been in fear for your life.

5. If they break into your home and you are in fear for your life, then defend yourself.

6. If you are caught outside and in fear for your life, try to retreat, but if you cannot then defend yourself.

7. If there is a threat outside, leave it there and call the police. Stay inside and armed. DO NOT GO OUTSIDE. You go outside and shoot someone and your risk goes way, way high.

That should cover the basics.

Know this though. If you shoot someone, even in self defense, expect to be arrested and go to jail. Expect your life to fall apart and have a tough time afterwards.

Lethal force is a LAST OPTION.

It is not for some drunken jerk on the front lawn beating your car with a bat. Stay inside and wait for the cops.

It is not for some guy calling you a wuss outside on your lawn. Stay inside and wait for the cops.

It is not for anything other than protecting your life...

 

[L-W-R-C]

i dint say i was going to look for some random guy to shoot i was just asking about self defense laws and i know that a gun is the last option.

 

[melensdad]

i dint say i was going to look for some random guy to shoot i was just asking about self defense laws and i know that a gun is the last option.

Actually I'm not sure you do realize that fact based on your question/replies.

 

[L-W-R-C]

i was asking if some one breaks in or comes on my property and i know that they are going to harm me if they get close to me is it legal to use lethal force and i wouldn't have a gun outside anyway.

 

[techres]

i dint say i was going to look for some random guy to shoot i was just asking about self defense laws and i know that a gun is the last option.

I tell you what. There is a very good book that goes over all the IN state laws on firearms and self defense. It is as close as you are going to get to a good answer.

If you really want a careful, exact answer to the question "What is IN state law?" then it is the book to read and read again.

If you really want to read it and promise to do so twice, then PM me your address and I will send you my copy. But you must PROMISE to read it 2x to be sure you got it all. That's your end of the deal.

And it's not hard reading at all.

On the other hand, if you just have general questions then keep asking.

Either way, let me know.

 

[melensdad]

Big difference between breaking in and coming onto your property.

Further, its been pointed out that if you can go inside then the threat is stopped because you are inside and they are outside. No gun is needed but clearly calling the police and filing a report is appropriate.

 

[techres]

i was asking if some one breaks in or comes on my property and i know that they are going to harm me if they get close to me is it legal to use lethal force and i wouldn't have a gun outside anyway.

If you are in fear for your life and believe that they are going to try and kill you or cause you severe injury, then yes you can defend yourself with lethal force.

But 12 randomly selected peers had better be convinced that you were at risk for your life as well or you are in a world of hurt. And your life, win or lose, good shoot or bad shoot, will never be the same again.

Oh, and one other thing: get some training ASAP. Get training now.

 

[L-W-R-C]

ij ust found an Indiana handgun law book, thanks for offering though,i appreciate it.

 

[techres]

ij ust found an Indiana handgun law book, thanks for offering though,i appreciate it.

When you are done with it, also read "In the Gravest Extreme" which is a short but critical book. There are 1000 other books as well, but that is the #1 first book I suggest to anyone.

Have you done much shooting, hunting, training, competing? Are you new to firearms? Do your parents shoot?