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  • ambush

    From RichD@21:1/5 to All on Tue Oct 5 21:10:53 2021
    There's been a rash of burglaries in the neighborhood.

    Having watched too many Clint Eastwood movies, you
    set a trap. Turn off all lights, leave a window open, wait
    in the dark... with a shotgun. The fly walks into the web,
    and you blast him.

    How does this play out?

    --
    Rich

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  • From Mike Anderson@21:1/5 to RichD on Wed Oct 6 06:48:10 2021
    On 10/6/2021 12:10 AM, RichD wrote:
    There's been a rash of burglaries in the neighborhood.

    Having watched too many Clint Eastwood movies, you
    set a trap. Turn off all lights, leave a window open, wait
    in the dark... with a shotgun. The fly walks into the web,
    and you blast him.

    How does this play out?

    I'm not a lawyer and I didn't even stay in a Holiday Inn last night but....here's my take on it.

    Changing it slightly to "you have a laser beam across the window wired
    to a mechanism that pulls the trigger" and it gets tripped when you're
    out watching a movie, then you're charged with murder or attempted
    murder. You can't set an automatic trap of any sort like that.

    See
    https://brinkshome.com/smartcenter/why-you-shouldnt-set-traps-for-burglars

    In your original scenario, however, I can't really see any difference
    between you sitting there in the dark waiting and you waking up due to a
    noise and you grabbing your shotgun and running to that room. In fact,
    how would the police even prove exactly how it happened unless you
    blabbed about it? And even then, unless you did something more to entice
    the burglar into the house other than leaving a window open, it's still probably seen as defense of your property (IMHO.)

    Now if you posted on Facebook, Twitter, etc saying "Hey, I know of this
    guy who has wads of cash and lots of diamonds just laying around in his
    house and he just left on a month vacation" and giving your address and
    *then* you "Turn off all lights, leave a window open, wait in the
    dark... with a shotgun." then it's probably very much slipping into the
    same category as the automated-trigger shotgun.

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  • From Rick@21:1/5 to All on Wed Oct 6 09:04:45 2021
    "RichD" wrote in message news:[email protected]...

    There's been a rash of burglaries in the neighborhood.

    Having watched too many Clint Eastwood movies, you
    set a trap. Turn off all lights, leave a window open, wait
    in the dark... with a shotgun. The fly walks into the web,
    and you blast him.

    How does this play out?

    --
    Rich

    Well there is no law against leaving your window open and lights out at
    night. That actually seems pretty normal. And there is certainly no law against having your legally acquired weapon beside you during the night, whether or not you are actually asleep. That also seems pretty reasonable.
    So to me this is no different from someone breaking into your house while asleep and the same laws should apply.

    --

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  • From Stuart O. Bronstein@21:1/5 to Rick on Wed Oct 6 12:53:39 2021
    "Rick" <[email protected]> wrote in news:sjkdh4$1a1g$[email protected]:

    Well there is no law against leaving your window open and lights
    out at night. That actually seems pretty normal. And there is
    certainly no law against having your legally acquired weapon
    beside you during the night, whether or not you are actually
    asleep. That also seems pretty reasonable. So to me this is no
    different from someone breaking into your house while asleep and
    the same laws should apply.

    You are not allowed to use more force than necessary under the
    circumstances. So if you set a booby trap that will harm someone even
    when no one is there, that is strictly illegal because there is no
    person there to make the judgment that this level of force is actually necessary.

    If someone comes in and you shoot at that person without knowing if
    it's friend or foe, that is in the same category.

    --
    Stu
    http://DownToEarthLawyer.com

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  • From Rick@21:1/5 to All on Wed Oct 6 14:40:25 2021
    "Stuart O. Bronstein" wrote in message news:[email protected]...

    "Rick" <[email protected]> wrote in news:sjkdh4$1a1g$[email protected]:

    Well there is no law against leaving your window open and lights
    out at night. That actually seems pretty normal. And there is
    certainly no law against having your legally acquired weapon
    beside you during the night, whether or not you are actually
    asleep. That also seems pretty reasonable. So to me this is no
    different from someone breaking into your house while asleep and
    the same laws should apply.

    You are not allowed to use more force than necessary under the
    circumstances. So if you set a booby trap that will harm someone even
    when no one is there, that is strictly illegal because there is no
    person there to make the judgment that this level of force is actually >necessary.

    If someone comes in and you shoot at that person without knowing if
    it's friend or foe, that is in the same category.


    But if someone comes in through the open window (rather than knocking on the front door or ringing the doorbell or using a key you previously gave them
    to unlock the door), I think it is a reasonable assumption that the person entering through the window is likely more foe than friend. And if you can
    see a figure coming at you through the window and you know it is not a
    friend and - this is the important part - you feel that your life is in immediate grave danger, I think you'd have a decent case if you shoot.

    --

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