Caller: What is the definition of the word threatened? What does it mean? When can you pull the gun?
If a person is carrying concealed, they will be more likely to use a gun to protect themselves.
There are two elements to self defense. The first is that you sincerely believe that you are in a situation in which you will be killed, nearly killed or very seriously injured. The second is that your belief that you were at great risk was reasonable under the circumstances.
The type of situation then that might give rise to that type of situation for pulling the gun is one in which there is eminent danger such that you believe you will be killed or gravely injured. It means that your life, or the life of someone else in your presence, is in immediate deadly danger.
Every person in possession of a concealed weapon should have a number handy of a criminal defense lawyer who is experienced in both defending people against criminal charges and with Wisconsin's various gun laws so that you can call them if ever you should use your gun to protect yourself.
Showing posts with label self defense. Show all posts
Showing posts with label self defense. Show all posts
Friday, November 4, 2011
Carrying Concealed Weapon Law & Protecting Family, Home & Property
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.
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.
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
Using Your Carrying Concealed Weapon License
Caller: If you have a CCW license, do you have to use the license when carrying?
If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.
You don't have to talk to anyone, including police, without your lawyer present. Having your attorney present is your Constitutional Right; assert it in all instances in which any law enforcement agent wants to question you. You can say, "I will be happy to answer your questions, but I need to get my lawyer here for that." If you use your weapon - even justifiably, you should have your lawyer present in answering questions.
If police ask to search you, you need not consent to the search. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.
If you have used your weapon even in self defense, you should immediately contact your lawyer before notifying police.
The simple act of pointing a gun has been charged as reckless endangerment in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present.
If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.
Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.
If you are walking down the street and someone sticks you up, and you realize that you need to pull out and use your gun or be killed, if you reasonably fear serious bodily injury or death, you are then entitled to use blunt force to protect yourself including mortal force. There is no duty to retreat in Wisconsin.
You don't have to talk to anyone, including police, without your lawyer present. Having your attorney present is your Constitutional Right; assert it in all instances in which any law enforcement agent wants to question you. You can say, "I will be happy to answer your questions, but I need to get my lawyer here for that." If you use your weapon - even justifiably, you should have your lawyer present in answering questions.
If police ask to search you, you need not consent to the search. You may not want to consent to the search for various reasons such as if there might be contraband in a pocket that you aren't aware was placed there.
If you have used your weapon even in self defense, you should immediately contact your lawyer before notifying police.
The simple act of pointing a gun has been charged as reckless endangerment in the state of Wisconsin and most notably in Madison. You should not speak with law enforcement without your attorney present.
If you plan to apply for a concealed weapons permit and carry a concealed weapon, you should also carry the name and number of your criminal defense lawyer for situations that might arise.
Van Wagner & Wood can be contacted 24 x 7 x 365 by calling the main telephone number (608-284-1200 or 1-866-262-4599). If you call after regular hours, please clearly state your name, number and message.
Castle Doctrine & Concealed Carry
Caller: What is my castle? I live in low income housing and manage the complex. Is it the apartment complex I manage my castle? Can I carry concealed on the complex?
Let’s break down the questions.
First, what is your castle?
Your castle is your home.
Next, is the apartment complex that you manage your castle?
No, it is not your home.
If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.
Can I carry concealed on the apartment complex?
While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.
Let’s break down the questions.
First, what is your castle?
Your castle is your home.
Next, is the apartment complex that you manage your castle?
No, it is not your home.
If you live in an apartment at that complex, your apartment is your castle. People who rent an apartment live in the apartment as their home, hence it is their castle and they are entitled to all the rights and privileges of using it as their home including protecting themselves or their family while in it.
Can I carry concealed on the apartment complex?
While you may have a right to protect yourself – even defend yourself with lethal force – at the apartment complex such as if a person were in your rental office pointing a gun at you, I’d be very careful not to go around the apartment complex with a gun on my side.
Carrying and Using Concealed Weapon in Self Defense
Suppose I protect myself and shoot and kill an attacker? I assume the police will confiscate my firearm, and I'll be arrested. True?
After shooting, you would holster your weapon, call 911 and explain that there has been a shooting in which someone was attacking you and you were forced into a situation of self defense or be killed and you used your handgun to protect yourself; in the process of defending yourself, the attacker was shot and (injured/is believed to be dead/killed, depending on the situation).
In the situation in which you feel you did what you believed was right, if you can state the facts under the stress of the situation, then you would call 911.
The reality is that most people won't be able to state the facts of a very stressful situation after having shot and killed another person and not make statements or use wording that may get them charged with a crime. For example, if a person broke into a lawyers' home and the lawyer shot and killed the intruder, the lawyer would - without a doubt - call 911 and state the above information as it applied to the situation and then call his or her criminal defense attorney before answering any questions. Remember, EVERYTHING you say WILL BE HELD AGAINST YOU IN A COURT OF LAW.
Whether the police will confiscate your weapon will depend upon the situation. You should be prepared to have your weapon confiscated, and you should if you plan to carry concealed have the name and number of a criminal defense lawyer with you for situations such as this.
Live BLOGGING Vicki McKenna and Attorney Christopher T. (Chris) Van Wagner on WIBA. Join the streaming live talk show now at http://www.iheart.com/.
After shooting, you would holster your weapon, call 911 and explain that there has been a shooting in which someone was attacking you and you were forced into a situation of self defense or be killed and you used your handgun to protect yourself; in the process of defending yourself, the attacker was shot and (injured/is believed to be dead/killed, depending on the situation).
In the situation in which you feel you did what you believed was right, if you can state the facts under the stress of the situation, then you would call 911.
The reality is that most people won't be able to state the facts of a very stressful situation after having shot and killed another person and not make statements or use wording that may get them charged with a crime. For example, if a person broke into a lawyers' home and the lawyer shot and killed the intruder, the lawyer would - without a doubt - call 911 and state the above information as it applied to the situation and then call his or her criminal defense attorney before answering any questions. Remember, EVERYTHING you say WILL BE HELD AGAINST YOU IN A COURT OF LAW.
Whether the police will confiscate your weapon will depend upon the situation. You should be prepared to have your weapon confiscated, and you should if you plan to carry concealed have the name and number of a criminal defense lawyer with you for situations such as this.
Live BLOGGING Vicki McKenna and Attorney Christopher T. (Chris) Van Wagner on WIBA. Join the streaming live talk show now at http://www.iheart.com/.
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.
Can Holdover Tenants Shoot Landlords Under Castle Doctrine?
More Blogging Live with Vicki McKenna and Attorney Christopher T. Van Wagner
Caller: Chris, you touched on the landlord situation, but I have more questions on it. If I have a problem tenant and give him a 10 day notice, and I go to inspect the property after giving proper notice, and he shoots me for going into his home, what is the situation there with the new Castle law?
First, the Castle Doctrine (Wisconsin Legislative Bill AB69) has not yet passed at the time of this broadcast, and Attorney Van Wagner has not read the bill in its entirety.
Under current Wisconsin law, your remedies do not include your own use of force against the tenant; you would have to call upon the Sheriff to assert your right to inspect the property.
A tenant has a legal right to be on the property until such time that the tenant's right to possess has ended; a tenant's right to hold possession can be extinguished by notice upon the date on which that right ends.
VWW is not a landlord-tenant law firm, but speaking from the criminal aspects of the question, a landlord shouldn't go into an apartment outside of law. If I had an apartment to show, I would ask permission to show the apartment and set a time to show it so that my visit wasn't a surprise.
Here you are asking if the holdover tenant can shoot you for entering the apartment without prior and proper notice to the tenant even if a holdover tenant. The answer would be no. There is nothing in current law that would protect the tenant if the tenant shot you if s/he knew that you were coming in to show the apartment.
If you know that the tenant is a problem person, taking any unnecessary risk such as entering the apartment without prior notice would be very risky on your part, and you do not have a right to protect that apartment as though it were your home and go in brandishing a weapon or even with a concealed weapon with an intent to use it.
Helpful information:
Self Defense Laws in Wisconsin
Carrying A Concealed Weapon License
Caller: Chris, you touched on the landlord situation, but I have more questions on it. If I have a problem tenant and give him a 10 day notice, and I go to inspect the property after giving proper notice, and he shoots me for going into his home, what is the situation there with the new Castle law?
First, the Castle Doctrine (Wisconsin Legislative Bill AB69) has not yet passed at the time of this broadcast, and Attorney Van Wagner has not read the bill in its entirety.
Under current Wisconsin law, your remedies do not include your own use of force against the tenant; you would have to call upon the Sheriff to assert your right to inspect the property.
A tenant has a legal right to be on the property until such time that the tenant's right to possess has ended; a tenant's right to hold possession can be extinguished by notice upon the date on which that right ends.
VWW is not a landlord-tenant law firm, but speaking from the criminal aspects of the question, a landlord shouldn't go into an apartment outside of law. If I had an apartment to show, I would ask permission to show the apartment and set a time to show it so that my visit wasn't a surprise.
Here you are asking if the holdover tenant can shoot you for entering the apartment without prior and proper notice to the tenant even if a holdover tenant. The answer would be no. There is nothing in current law that would protect the tenant if the tenant shot you if s/he knew that you were coming in to show the apartment.
If you know that the tenant is a problem person, taking any unnecessary risk such as entering the apartment without prior notice would be very risky on your part, and you do not have a right to protect that apartment as though it were your home and go in brandishing a weapon or even with a concealed weapon with an intent to use it.
Helpful information:
Self Defense Laws in Wisconsin
Carrying A Concealed Weapon License
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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