Caller: Can I use a gun to protect my family in my home and my property with the new CCW law?
Let’s break that down into two questions. First, does the new concealed carry law allow you to protect your family in your home?
You have always had a right to protect your loved ones in your home. If you are in your home, and someone puts you into a situation in which you believe your life or the life or lives of your family are in peril, in very immediate danger of death or very serious bodily injury, and your beliefs are reasonable under the circumstances, you have a right to defend yourself or another.
Under Wisconsin law, your right to defend yourself by use of up to blunt force is extended to those people in your presence whom are in the same danger. Be careful in how you read this, and know that it is not legal advice. If you are in a situation in which your wife's life, for example, who is lying in bed next to you, or your daughter's life who is in bed in the room across the hall, and a person has placed their lives in immediate danger by pointing a weapon at them with an apparent intent to take their life, your right to defend yourself extends to your right to defend them.
If you are in your home and your home is surrounded by a dozen people even if they are carrying guns, you wouldn't open fire on them; you would call 911. Twelve to one odds are just not good odds to hope to protect yourself against them.
And second, does the new law allow you to protect your property?
Your property includes your home and the land surrounding it, as well as any real or personal items on it. So, your question is if the new law allows you protect personal and real property?
Clearly, the new law isn’t meant to encourage people to patrol their property and shoot anyone that crosses the line, and it isn’t meant to encourage folks to take up weapons to resolve conflicts. The best way to resolve conflicts is to talk through them. It also isn’t wise to brandish a handgun without cause.
The intent of the new law is to allow people to carry a weapon on their person or in their proximity to protect themselves if the situation arises, and we all hope it won’t arise for anyone.
Helpful information:
Self defense
Criminal property damage
Self defense is an affirmative defense, which means that it is an omission to having committed murder which you claim to be a justifiable homicide.
Showing posts with label guns. Show all posts
Showing posts with label guns. Show all posts
Friday, November 4, 2011
Permits For Prior Law Enforcement Officers
Caller: Will I have an advantage in getting a concealed weapons permit because I have prior law enforcement training?
According to the State of Wisconsin Department of Justice website, prior law enforcement training is one of the criteria for proving that a person has had prior gun safety training.
Notably, there may be instances in which a person with previous law enforcement training might not be able to obtain a concealed carry permit.
According to the State of Wisconsin Department of Justice website, prior law enforcement training is one of the criteria for proving that a person has had prior gun safety training.
Notably, there may be instances in which a person with previous law enforcement training might not be able to obtain a concealed carry permit.
Accidental Death with Concealed Weapon Usage
Caller: What happens if you miss and do property damage or kill or injure another person?
If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.
This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a criminal defense lawyer and demand to have that lawyer present during all questioning.
Helpful information:
Criminal property damage
Prevention of a felony
Self defense
Intentional vs. unintentional homicide
Negligent homicide
If you are going to use a deadly weapon, you must be prepared to defend your actions after the fact.
This BLOG does not provide legal advice, so think of this as fatherly or brotherly advice: if you are ever in any type of situation in which you may be charged for a criminal offense, the first and best act you can take is to contact a criminal defense lawyer and demand to have that lawyer present during all questioning.
Helpful information:
Criminal property damage
Prevention of a felony
Self defense
Intentional vs. unintentional homicide
Negligent homicide
Is an empty gun in a case concealed?
Caller: I have a question about concealed carry. If you have an empty gun in a case, is it still considered to be a concealed weapon if I am in a car with it or walking around with it? Is a fully encased and unloaded weapon still a concealed weapon?
Regardless of whether your handgun is loaded or unloaded, it is still a weapon. If you carrying it concealed, it is a concealed weapon. A weapon in a car's glove box, trunk or under a seat is a concealed weapon. A weapon lying on the seat isn't concealed, but it is a weapon and you are 'carrying a weapon' if it is within your proximity. Even fully disassembled weapon has been considered to be a weapon by the Supreme Court.
Notably, you might not want to cruise around with a gun on your front seat.
Regardless of whether your handgun is loaded or unloaded, it is still a weapon. If you carrying it concealed, it is a concealed weapon. A weapon in a car's glove box, trunk or under a seat is a concealed weapon. A weapon lying on the seat isn't concealed, but it is a weapon and you are 'carrying a weapon' if it is within your proximity. Even fully disassembled weapon has been considered to be a weapon by the Supreme Court.
Notably, you might not want to cruise around with a gun on your front seat.
Carrying Concealed in a Vehicle
Caller: Can I carry concealed in a vehicle?
If you have a license to carry a concealed weapon, it applies to carrying a concealed weapon in your vehicle.
Under Wisconsin laws, you can be charged with carrying a concealed weapon if you do not have a license to carry a concealed weapon and the weapon is concealed in your vehicle, in the glove box, under the seat, in the truck or on your person.
Wisconsin's Carrying a Concealed Weapon law does not apply to long guns or sawed off guns; it only applies to handguns and the right to carry a handgun in a concealed manner.
If you have a license to carry a concealed weapon, it applies to carrying a concealed weapon in your vehicle.
Under Wisconsin laws, you can be charged with carrying a concealed weapon if you do not have a license to carry a concealed weapon and the weapon is concealed in your vehicle, in the glove box, under the seat, in the truck or on your person.
Wisconsin's Carrying a Concealed Weapon law does not apply to long guns or sawed off guns; it only applies to handguns and the right to carry a handgun in a concealed manner.
Carrying Concealed Weapon: Use & Judges
Who decides who will judge you? The caller states, "If I use my concealed weapon, who will judge whether it was reasonable?"
If you are charged with a crime - a homicide in the context of the caller's question - you have a right to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a trial by a jury.
The term 'a jury of your peers' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the NRA, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.
Helpful information:
National Rifle Association
Wisconsin Criminal Defense Lawyers
If you are charged with a crime - a homicide in the context of the caller's question - you have a right to face your accusers and to have a decision made about the reasonableness of your actions (which ultimately determines whether you are found guilty or not guilty of the criminal charge or charges), and you have a right to a trial by a jury.
The term 'a jury of your peers' often leads people to believe that the jurors will be people of like interests and concerns. But the reality is that the jury of your peers in Madison, Wisconsin, for example, aren't going to be 12 members of the NRA, like you; they'll be a mix of men and women, old and young, some tied to the University and the vast majority from within the confines of the belt line.
Helpful information:
National Rifle Association
Wisconsin Criminal Defense Lawyers
Carry Concealed with Florida permit?
Can I carry concealed in the state of Wisconsin if I have a concealed carry permit from Florida?
No. According to the State of Wisconsin Department of Justice website, Wisconsin does not recognize permits from any other state. Any person who wishes to carry concealed within the state of Wisconsin must apply for, be granted and carry a permit issued by the state of Wisconsin before they carry concealed.
No. According to the State of Wisconsin Department of Justice website, Wisconsin does not recognize permits from any other state. Any person who wishes to carry concealed within the state of Wisconsin must apply for, be granted and carry a permit issued by the state of Wisconsin before they carry concealed.
Is Open Carry Legal?
Caller: Is open carry legal?
Open carry has always been legal. You have a right to carry openly. Keep in mind that you might violate DNR rules. The new concealed carry law does not apply to long or sawed off guns; it only applies to handguns.
But what happens if you are in a situation in which a disorderly situation arises? For instance, say that you have a weapon on your person in a public place and someone near you is offended by the sight of the gun and creates a disorderly situation. Under Wisconsin disorderly conduct laws, you may have created an 'other disorderly conduct' situation. You would then have to defend yourself against the disorderly conduct charges.
Attorney Christopher T. (Chris) Van Wagner was a guest on Vicki McKenna's Upfront Talk show on WIBA.
Open carry has always been legal. You have a right to carry openly. Keep in mind that you might violate DNR rules. The new concealed carry law does not apply to long or sawed off guns; it only applies to handguns.
But what happens if you are in a situation in which a disorderly situation arises? For instance, say that you have a weapon on your person in a public place and someone near you is offended by the sight of the gun and creates a disorderly situation. Under Wisconsin disorderly conduct laws, you may have created an 'other disorderly conduct' situation. You would then have to defend yourself against the disorderly conduct charges.
Attorney Christopher T. (Chris) Van Wagner was a guest on Vicki McKenna's Upfront Talk show on WIBA.
Carrying Concealed in Wisconsin with Iowa Permit?
Caller: I am a resident of Iowa, moving to Wisconsin. I have an Iowa permit. Can I carry concealed in Wisconsin with my Iowa permit? Under Iowa law, you can use your DD214; does that apply in Wisconsin?
Let's separate these questions.
Can a person with a permit to carry concealed from Iowa carry concealed in Wisconsin?
No. Wisconsin law requires a person who wishes to carry concealed in Wisconsin to apply for, be approved for and carry a license issued by the State of Wisconsin Department of Justice to carry a concealed weapon.
The State of Wisconsin Department of Justice has identified the states that require similar background checks. In the future, the Wisconsin DOJ may enter into reciprocity agreements with those states, but you should not rely upon rumor or websites to verify whether such privileges exist; everyone should check the laws of the state in which they wish to carry concealed.
Does a DD214 qualify one for a concealed carry license?
A DD214 is the form giving to people when they separate from a military position.
According to the State of Wisconsin Department of Justice website, one of the valid proofs of having completed gun safety training is a DD214. In cases where a DD214 is accepted as proof of having completed a gun safety training course, there are other background checks that must be conducted before an application is approved. Notably, there may be situations in which a DD214 will not suffice.
Helpful information:
State of Wisconsin Department of Justice website
Let's separate these questions.
Can a person with a permit to carry concealed from Iowa carry concealed in Wisconsin?
No. Wisconsin law requires a person who wishes to carry concealed in Wisconsin to apply for, be approved for and carry a license issued by the State of Wisconsin Department of Justice to carry a concealed weapon.
The State of Wisconsin Department of Justice has identified the states that require similar background checks. In the future, the Wisconsin DOJ may enter into reciprocity agreements with those states, but you should not rely upon rumor or websites to verify whether such privileges exist; everyone should check the laws of the state in which they wish to carry concealed.
Does a DD214 qualify one for a concealed carry license?
A DD214 is the form giving to people when they separate from a military position.
According to the State of Wisconsin Department of Justice website, one of the valid proofs of having completed gun safety training is a DD214. In cases where a DD214 is accepted as proof of having completed a gun safety training course, there are other background checks that must be conducted before an application is approved. Notably, there may be situations in which a DD214 will not suffice.
Helpful information:
State of Wisconsin Department of Justice website
Can I carry a concealed long gun?
Caller: Does a long gun on the rack in my truck constitute a gun under the concealed carry law?
Wisconsin's new concealed carry law does not apply to any type of long gun (including sawed off guns, shot guns, or rifles); the new law only applies to handguns.
Wisconsin's new concealed carry law does not apply to any type of long gun (including sawed off guns, shot guns, or rifles); the new law only applies to handguns.
Can I keep a loaded gun in my home?
Caller: Can I keep a loaded gun in my home?
Yes, the concealed weapon law didn't give you that right; you have always had that right.
The risk you take with a loaded gun in the home is that it may be used inappropriately, such as if children are present.
"Protect children from loaded weapons."
Yes, the concealed weapon law didn't give you that right; you have always had that right.
The risk you take with a loaded gun in the home is that it may be used inappropriately, such as if children are present.
"Protect children from loaded weapons."
Carrying Concealed Weapon on Business Premises
Caller: If I own a store and allow people to come in with concealed carries and someone gets shot, am I, as the business owner, liable for the shooting or killing? Am I responsible for searching people for concealed weapons to ensure they aren’t carrying?
If you didn’t do anything wrong, you would not have any liability.
Wisconsin’s concealed carry law gives people the right to a carry concealed weapon; you don’t give them the right to do so by posting a sign. You can post a sign warning that there may be concealed weapons on the premises, but you aren’t required to do so. You can also post a sign prohibiting concealed weapons, but you wouldn’t be liable for any resulting shooting if someone brought a concealed weapon onto the premises.
I, personally, would not attempt to search people for a concealed weapon.
Caller: Conversely, if I prohibit concealed carry and someone ends up using the weapon, can i be sued for the use of a weapon?
So long as you as the store owner does nothing negligent, careless, reckless or just plain wrong, she or he couldn't be held liable for the improper actions of gun-toting customers who, unbeknownst to the store owner, carry in & use a concealed handgun to injure or harm others.
Helpful information:
Ordinary care
Criminal negligence
Self defense
Attorney Chris Van Wagner was a guest on Vicki McKenna's Friday, November 4, 2011 show. They took questions from callers and Sigma One Group BLOGGed the answers live.
If you didn’t do anything wrong, you would not have any liability.
Wisconsin’s concealed carry law gives people the right to a carry concealed weapon; you don’t give them the right to do so by posting a sign. You can post a sign warning that there may be concealed weapons on the premises, but you aren’t required to do so. You can also post a sign prohibiting concealed weapons, but you wouldn’t be liable for any resulting shooting if someone brought a concealed weapon onto the premises.
I, personally, would not attempt to search people for a concealed weapon.
Caller: Conversely, if I prohibit concealed carry and someone ends up using the weapon, can i be sued for the use of a weapon?
So long as you as the store owner does nothing negligent, careless, reckless or just plain wrong, she or he couldn't be held liable for the improper actions of gun-toting customers who, unbeknownst to the store owner, carry in & use a concealed handgun to injure or harm others.
Helpful information:
Ordinary care
Criminal negligence
Self defense
Attorney Chris Van Wagner was a guest on Vicki McKenna's Friday, November 4, 2011 show. They took questions from callers and Sigma One Group BLOGGed the answers live.
Attorney Chris Van Wagner Guest on Vicki McKenna's Upfront Talk
Attorney Christopher T. (Chris) Van Wagner will be on WIBA with Vicki McKenna at 5 PM today talking about Wisconsin's Carrying Concealed Weapon law and cautions you should take if you should be stopped by police while carrying concealed. You can listen live on WIBA at http://www.wiba.com/main.html. Great BLOG Post at http://wisconsincriminallaw.blogspot.com/2011/11/prudent-cautions-when-carrying.html.
WIBA-AM
www.wiba.com
News/Talk 1310..
To read all of the live BLOG posts from the show, select Carrying Concealed to the right.
WIBA-AM
www.wiba.com
News/Talk 1310..
Prudent Cautions When Carrying A Concealed Weapon
CCW: Carrying A Concealed Weapon - Wisconsin Law
On November 1, 2011, Wisconsin joined 48 other states in becoming a concealed carry gun law state. All Wisconsin residents who wish to carry a concealed weapon in Wisconsin MUST have a Wisconsin Concealed Carry License, even if that individual holds a valid concealed carry license from another state (DOJ).
Carry Concealed Weapon Licenses
The Concealed Carry Application Form is available online. See DOJ site for printing instructions.
Applicants are required by Act 35 to provide proof of firearms safety training, such as the hunter education program established under Wisconsin Statute 29.591 or a similar program, or an valid (not revoked) concealed carry license from another state or jurisdiction, or proof of military, law enforcement or security firearms training, or a Department of Justice Firearm Safety Course certificate issued by a DOJ certified instructor, or a firearms safety or training certificate.
The Wisconsin Department of Justice (DOJ) estimates that it will issue a minimum of 100,000 permits in 2011, and approximately 50,000 in 2012.
Individualized Prohibitions to Concealed Weapons Property owners and lease holders may declare prohibitions of concealed weapons on their premises. Many businesses throughout the state of Wisconsin have already taken a position on the question of whether or not a person may carry a concealed weapon on the premises, so you should look for postings on the front door such as, "Concealed Weapons Prohibited", as well as signs stating, "Warning: Concealed Weapons carried on these premises" or similar wordings.
In some situations, there may be contradictory permits and prohibitions of carrying concealed weapons. For example, The Senate wants to prohibit concealed carry in its galley, but visitors to the Assembly would be permitted to carry concealed weapons.
If you are carrying a concealed weapon in an area which does not prohibit doing so, and you need to enter an area that does prohibit carrying of a concealed weapon, you may not enter the prohibited zone with the concealed weapon on your person or in your proximity.
In your proximity means that you can reach it. Reaching it can mean by exerting minimal effort, such as if the gun is located in the back seat of a car and you need to get out of the driver's seat and reach it by opening the back door. 'In your proximity' also includes your glove box of a vehicle, as well as the satchels on the back of a motorcycle. Carrying a weapon on your person falls under the rules for carrying the weapon concealed: if carrying concealed is prohibit on the premises, then one may not carry a weapon exposed on their person such as on a hip belt.
Carrying Concealed Weapon In Another State
The State of Wisconsin Department of Justice has identified the other states that conduct similar background checks and administrate similar rules to those of Wisconsin, and for which they will accept a non-revoked concealed weapon license as part of the application process for those wishing to obtain a license to carry concealed in Wisconsin. Those states are:
Arizona, Arkansas, California, Colorado, Connecticut, Georgia, Hawaii, Idaho, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas, Utah, Washington, Wyoming, Puerto Rico, and the U.S. Virgin Islands.
Notably, a Wisconsin resident must have a Wisconsin concealed Carry license to carry in Wisconsin, even if that person holds a valid concealed carry license from another state. The Wisconsin Department of Justice may form reciprocity agreements with other states, in which instance a Wisconsin license to carry a concealed weapon would be honored by another state or another state's license would be honored by Wisconsin without a separate Wisconsin license, but those reciprocity agreements have not yet been established and nobody should rely upon rumor, websites or any other unofficial material.
Whether or not a resident of Wisconsin may also carry concealed in another state depends entirely on the laws of that state. A Wisconsin Carry Concealed Weapon license holder should always check with the other state in which they want to carry concealed on the most current laws of that state.
Concealed Weapon Used In Self Defense
Previously, a self defense article was posted in this BLOG.
Like most responsible armed citizens, you are unlikely ever to need the services of a Criminal Defense Attorney. Nonetheless, if you should ever feel the need for our help, due to a police contact, the best things to do include the following:
- Respectfully decline to answer any questions unless & until you contact your attorney. This is your right. Assert it.
- Be respectful & cooperative if police have a search warrant, but respectfully & expressly decline to give consent to any search of any place, any thing or any vehicle. This too is your right but is always better to say it, so that your failure to do so cannot be interpreted as tacit assent or consent to any search.
- Call us promptly & formally retain us to represent you in regard to any such investigation. This not just your right but it is also just plain smart. Unfortunately, at least in regard to police investigations of firearms, it is NOT necessarily true that "good things come to those who wait."
The best way to reach us, regardless of the time or day, is to call our main telephone number, (608) 284-1200 or toll free at 1-866-262-4599. And feel free to forward a link to this page or our website, http://www.vanwagnerwood.com/, along with our contact information, to anyone else who you think might have similar concerns.
Helpful Online Information:
Attorney Christopher T. (Chris) Van Wagner
Wisconsin Criminal Defense Lawyers
Concealed Carry License Application
Concealed Carry Law 2011 Wisconsin Act 35
Concealed Carry Senate Bill history
Summary & History of States with Concealed Carry Provisions
Felony Conviction & Firearm Hunting
Q: If I have been convicted of a felony, can I still buy a hunting license in the state of Wisconsin, and hunt during the 2011 deer season?
If you are asking if you can rifle hunt deer, the answer is no; however, you can hunt deer with a long bow and arrow, recurve bow, compound bow or composite bow. Crossbows are illegal in the State of Wisconsin, with an exception for handicapped people.
A person with a felony conviction is legally able to purchase a hunting license in the State of Wisconsin even though they cannot hunt with a gun, nor tag a deer, bear or other game that has been killed with a gun.
More short hunting answers:
If you are asking if you can rifle hunt deer, the answer is no; however, you can hunt deer with a long bow and arrow, recurve bow, compound bow or composite bow. Crossbows are illegal in the State of Wisconsin, with an exception for handicapped people.
A person with a felony conviction is legally able to purchase a hunting license in the State of Wisconsin even though they cannot hunt with a gun, nor tag a deer, bear or other game that has been killed with a gun.
More short hunting answers:
- Can a convicted felon buy a hunting license? Yes.
- Can a convicted felon possess a rifle, handgun or muzzleloader? No.
- Can a convicted felon join a hunting group? No.
- Can a convicted felon use a bow and arrow to hunt? Yes.
- Can a convicted felon hunt? Yes, so long as he or she does not possess a firearm to do so.
- Can a convicted felon hunt deer? Yes, but not with a firearm (only with a bow & arrow).
- Can a convicted felon hunt with a compound bow? Yes, during bow & arrow season.
- Is a BB gun a firearm? No; BB guns are expressly excluded by Wisconsin legislation as firearms.
Under Wisconsin laws, it is illegal for a felon to possess a firearm, or for any person to provide a felon with a firearm. Wisconsin Statute 941.29(2) expressly prohibits any person who has previously been convicted of a felony offense in any state from possessing a firearm at any time, for any purpose, while in the state of Wisconsin.
A felon is a person who has previously been convicted of any felony offense in this or any other state. A felony conviction includes being found guilty of a felony at trial, pleading ‘guilty’ to a felony offense, and pleading ‘no contest’ to a felony charge and being found guilty of a felony. Additionally, if you plea bargained for a lesser offense, and the lesser offense was a felony, it is still a felony conviction.
A felony conviction in another state equally prohibits that felon from hunting in Wisconsin.
Helpful information:
- Felon Possession Firearm, Wisconsin Statute 941.29(2)
- Wisconsin Hunting Laws, Rules & Regulations
- Felon Firearm Possession In Other States
- BB Guns
- Wisconsin No Firearm School Zone
Hunting, Fishing & Trapping Licenses
- Licensing Requirements
- Armed Forces Privileges
- Antlerless Deer (Bonus) Carcass Tag Availability
- Bow Hunter Safety Education Certification
- Conservation Patron License Nonresident
- Conservation Patron License Resident
- CWD Carcass Tag Agents
- DNR Service Center Locations
- Duplicate Safety Education Certificate
- Earn a Buck Prequalification
- Fishing Regulations
- Hunting and Fishing License Fees and Information (Resident)
- Hunting and Fishing License Fees and Information (Non-Resident)
- Hunting Regulations
- Hunter Safety Education Certification
- Licenses and Permits for People with Disabilities
- License Sales Locations
- Safety Education Instructor Certification
- Hunting & Trapping Seasons Dates
- Setline and Bank Pole Licenses
- Trapper Education Certification
- Trapping Information
Thursday, September 17, 2009
FITCHBURG INTRUDER SHOOTING: OKAY OR NOT?
Yesterday's shooting of an apparent home intruder in an upscale subdivision of Fitchburg, Wisconsin has sparked a raging city-wide, media-saturated debate about using deadly force to defend yourself and your home.
A lot of local residents are offering opinions that range from a far left, anti-gun viewpoint all the way to Dirty Harry threats if they were to confront anyone in their own home under similar circumstances.
Here, for those who care, is the basic Wisconsin law on when you may use deadly force - hell, when you can shoot an intruder - in self defense, defense of others, and defense of property. This discussion is drawn right from the approved Wisconsin Jury Instructions on these issues. Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others
A lot of local residents are offering opinions that range from a far left, anti-gun viewpoint all the way to Dirty Harry threats if they were to confront anyone in their own home under similar circumstances.
Here, for those who care, is the basic Wisconsin law on when you may use deadly force - hell, when you can shoot an intruder - in self defense, defense of others, and defense of property. This discussion is drawn right from the approved Wisconsin Jury Instructions on these issues. Shooting the Intruder - Wisconsin Law of Self Defense & Defense of Others
- You reasonably believed that someone was actually harming or about to harm you or others (technically, called "interference with your person").
- You reasonably believed that deadly force (force which is either intended to kill or likely to kill) was needed to prevent great bodily harm to you or others.
- Your belief is reasonable if it is what any average Joe would also believe under exactly the same circumstances; not how a Madison jury of hand-wringers might later feel you should have acted, but viewed strictly from your standpoint in the face of danger.
- In Wisconsin you have absolutely no legal duty to retreat from the threat, although if it was possible to beat a safe, fast retreat that can be considered by those jurors later as one of many circumstances you, the average Joe, faced at that very moment.
Use of Force in Defense of Your Home - Wisconsin Law
- IT IS NOT OKAY, AND NOT LAWFUL, TO USE DEADLY FORCE JUST TO PROTECT YOUR HOME AND YOUR PROPERTY. PERIOD. BUT ... (Isn't there always a "but"?) ...
- You CAN use non-deadly force to the extent reasonably necessary to stop someone from "unlawfully interfering with" - or, in English, trespassing in or on or stealing from - your home or your property, and that means everyone's property who lives there.
- You must reasonably believe that someone is interfering with your home or your property under all the circumstances - again, not from the standpoint of a later jury but from your precise standpoint at the moment of great decision, as any ordinary Joe would have believed if he stood in your shoes.
SO ... WHERE DOES THAT LEAVE YOU?
Yes, you can shoot someone who breaks in the house in the middle of the night... IF - and this is a big IF - you reasonably fear death or great harm to you or your loved ones.
No, you cannot shoot the "sumbitch" just because he's trying to get in - or out - of your living room or den with the family stereo. Nor can you do so because he won't "git out da yard!"
But in the latter case, if he makes a move that puts you in great fear of harm or death, or maybe flashes something akin to a deadly weapon or comes at you, you are within your rights to shoot.
So get a 45 magnum? That's a personal choice. Keep in mind that the right to shoot someone and the nerve to shoot someone are two different things - and this isn't deer-hunting, either. So, before you go and stick your friend's Smith & Wesson under the pillow or atop the nightstand, ask yourself: would you? Could you? Because if you are unsure, there is a better than even chance that the only time that 6-shooter will get fired is AT YOU - by the far more criminal-thinking intruder (guns are the most popular item taken in break-in's) or - worse - by a kid who finds it and plays around with it, like kids often do.
My two cents: Consider a loud, large, barking dog. Burglars hate 'em. Leave the Dirty Harry stuff for those who are well-experienced with guns and shooting them. Or become that person yourself. And if you do, keep the guns away from those who don't. Like your kids.
Relavant information:
Self Defense
Intentional Homicide
Homicide
Channel 3 Madison, Fitchburg Intruder Shot & Killed
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