Overhaulin'

Shooting an Intruder?

My neighborhood used to be nice, but over the last 10-15 years it's really gone downhill. There are so many vacant houses in my neighborhood, and my house is one of two on my block that isn't up for sale. Crime has skyrocketed and on 4 different days last week there were at least 4 cop cars in the neighborhood, lights flashing and taking care of something. Car burglaries have risen dramatically and so have home burglaries. My aunt and uncle's house was broken into on Monday and about $15,000 in electronics and jewelry was stolen, their son (my cousin)'s car was broken into, two of my OTHER cousin's cars were broken into, and my travel trailer was broken into last week and the propane tank was stolen (we've got it in storage at the trailer dealership where we bought it). My neighbor scared a burglar off on Friday night with his motion light. I'm figuring it's only a matter of time before MY house is broken into... My dad works nights at GM (he's a mechanic) and doesn't get home until 6 AM (he normally leaves at 6 PM), so at night it's only my mom (53) and myself (17) at home. We have a dog that barks if anything comes near the house, but lately hasn't been barking at anything, even strangers walking by (normally she would throw a fit). There's a motion light on our garage (detached, behind the house) so if anyone comes by the back door it lights up. I am starting to fear for my mom's safety because she is not in the best of health and if she needed to get out of the house quickly or fight someone she wouldn't be able to. I have absolutely no problem shooting an intruder in my home. I feel that if anybody is in my house that isn't supposed to be, that they are an immediate threat to the safety of my family and I have no problem taking out that threat. I know how to handle a gun properly and have damn good aim (I've won 3 local tournaments) and am not afraid to shoot an intruder. We own several guns (mostly for hunting, but also one that used to belong to my great grandmother--she worked for Joe Bonanno in Phoenix and after he threatened her she kept it on her for protection), all of which are locked in a secure gunsafe in the basement (and the ammunition is locked in a separate safe). If I wake up to hear my dog barking or by the motion light turning on, I look out the window carefully each time (barely peek out the curtains so I can see anything out there but if there's something they can't see me), and I can make it from my room into the room where the gunsafes are in about 10 seconds, get the shotgun out (it's a 12 gauge), and have it loaded and ready to go in under a minute. Then if the need arises I have no problem shooting the intruder either to kill or disable. The problem is, I don't know what the laws of this in Michigan are. I live in central Michigan and I don't know if the law would protect me in the circumstance that I shoot an intruder and he is wounded/killed. What are the laws pertaining to this? Oh, and moving is not an option. My parents have worked at their same jobs for 30 years and we paid off our house in 2003. We're not going to move. I'm going 500 miles away to college next year though...

Public Comments

1. If your life is in danger you have the right to use lethal force if necessary to protect your life. I have guns myself. I think that a 12 gauge shotgun is an excellent choice. I have a 12 gauge shotgun that I use for duck hunting. However I also keep it available if I need it to protect myself from an intruder. I am fortunate to live in a relatively safe neighborhood, however recently we have had a home invasion robbery in the neighborhood, so I keep my shotgun readily available if I need to use it to protect myself from an intruder. As long as the intruder is in your house and is a threat to your life, you have the right to use lethal force to protect yourself.
2. You can only shoot an intruder if you have a reasonable fear for your life. If you shoot an unarmed intruder you will go to jail. And if you DO shoot a intruder, shoot to kill. If you simply disable him, you will get sued by him and have to pay restitution. Screwed up I know but that's the way it is. Ignore what IO01 said about Obama, thats complete bullshit
3. First, a minute is far too long. Second, the law allows the use of deadly force in response to a perceived threat of immediate bodily harm to yourself or others. The perception must be both objectively and subjectively reasonable and thus is very fact-specific. If your drunken neighbor wanders in and falls asleep on your couch and you kill him, that will be murder. If someone else breaks in and points a gun at you or mom, and you fire, that will be justified. For anything in between, there are just too many variations. In general, however, under michigan law, if you assume the existence of danger just because someone is trespassing, then you are likely to be prosecuted. Whether a jury convicts or acquits is always a crapshoot.
4. Please check with your local police / sheriff's department. Laws covering this type of action vary widely. About shooting someone, Some areas say okay, some areas say you can't. It is much better to know what your laws are. In many states, just because someone is prowling outside your home, is no reason to shoot them. Many states state that if you are in fear of your life, you may shoot. Some states state that the intruder must be inside your house. There's just too many laws about this. Again, PLEASE check with your local police / sheriff's
5. PUT A NO TRESPASSING SIGN ALL OVER THE HOUSE. BAD DOG..AND PUT TRESPASSERS WILL BE SHOT...INSTALL A LOT OF MOTION SENSING LIGHTS, AND AN ALARM.
6. The best way to handle your situation is to get some legal training in lethal force/self defense law. The best and most affordable way to do this is to take an NRA "Personal Protection In The Home Class." This course devotes an entire module on just this subject. In the classes that I conduct, I have an experienced criminal defense attorney do the presentation. Not trying to offend others, but you should only get legal advice from a lawyer.