Break in - can you shoot ?

[trw2094]

For those that are confidently saying what you would do , I pray that you don't ever have to kill anyone.
But you really don't know until you are faced with the situation how you will react.

 

[The Boss]

This is a question for an attorney. I don't believe you can legally shoot someone for being in your home. There is "violent and tumultuous" thing that sticks out in my mind, but the dog complicates matters.

It’s pretty sad that criminals have more legal protections than law abiding citizens asleep in their own home minding their own business.

 

[GAgunLAWbooklet]

The Tueller drill is inapplicable here. Those demontrations / tests didn't involve a dog already fighting with the suspect.
Just like Tueller's tests didn't involve the suspect being on the other side of a large piece of furniture, a counter, or having any other obstacles between him and the officer.
Furthermore, Tueller's drills always feature the officer with a holstered service revolver it was about the speed of drawing and firing versus the speed of a knife armed attacker rushing you.

But in a home defense scenario is the homeowner really going to have a holstered handgun with the retention strap snapped in place?

So, the Tueller drill is irrelevant and no testimony about it will be allowed in court for the OP's type of scenario. Apples and Kiwifruit.

 

[GAgunLAWbooklet]

Dennis Tueller himself is interviewed about his famous drill in this video pay attention to what he says between the 5 minute and 50 second mark,
and the 12:50 time mark.

It's a "totality of circumstances" evaluation, not a rigid rule with 21 feet as some magic distance. For cops who haven't already drawn their guns the imminent danger distance is quite a bit farther than 21 feet. But if there are obstacles that would slow the attacker down if he decided to suddenly rush towards you, then you have to figure that.
Also, I would say there's no doubt a dog chewing on that man
is such an attacker-slowing obstacle.

 

[Guthrie]

I dont care if its in the home or not. If you've shown a threat and my dog has you and you pull a knife, im going to kill you. My dog is WAY more important than the life of some useless idiot and if i go to jail for it so be it.

 

[John Moses]

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Hypothetical situation. You're woken in the middle of the night by your dog barking. You hear sounds of a break in and go downstairs. You find your dog has the intruder by the leg. You are 25' away. The intruder is brandishing a knife.

Can you legitimately shoot them as you believe they are about to injure or kill your dog ?

Can you legitimately shoot them if they have injured or killed your dog ?

No dog but would send my latina gf down who hates her sleep interrupted & I'd go back to sleep until the coroner came.

 

[spencer60]

Dennis Tueller himself is interviewed about his famous drill in this video pay attention to what he says between the 5 minute and 50 second mark,
and the 12:50 time mark.

It's a "totality of circumstances" evaluation, not a rigid rule with 21 feet as some magic distance. For cops who haven't already drawn their guns the imminent danger distance is quite a bit farther than 21 feet. But if there are obstacles that would slow the attacker down if he decided to suddenly rush towards you, then you have to figure that.

Also, I would say there's no doubt a dog chewing on that man is such an attacker-slowing obstacle.

I understand that the "21 feet in 1.5 seconds" is an average and not written in stone. Some people will be slower and others faster depending on circumstances and obstacles. And as you say, hopefully your gun isn't holstered when you arrive.

My point is that he is still an immediate threat since the dogs' interference could end at any time, in a way completely outside your control.

 

[Control for Smilers]

Ok, my take on it, he is in my house, with a knife, he isn't there to play pattycake. He is armed with a deadly weapon, so he is a threat. In my case, my dogs are beagles, they aren't going to stop him. My 12 gage will.

my beagle would try to lick them to death.

 

[jamie1475]

bad part is I'm subject to protect my dog over myself

 

[William A. Ellis]

My dogs are part of my family, so if he is trying to hurt my dog(s), guess what