Break in - can you shoot ?

[Horsehat]

I was in fear of my life. I will not answer further questions without my attorney present. I’m sure you, officer, of all people, understand why.

 

[300_whisper]

“The intruder was a threat. I was in fear of my life. I will not answer any further questions. I want a lawyer.”

 

[jaxyaks]

If the course of action in this scenario is in doubt, you may want to rethink your entire home protection strategy, maybe go with a loud horn, pepperspray or bright spotlight or something and leave the firearm in the closet.

 

[GAgunLAWbooklet]

As a hypothetical, if we stick STRICTLY to the scenario the O.P. laid out, you can't shoot the intruder under the general law of self defense in most locations if (as the OP clearly says) the man is not (at that moment) a threat to YOU, only your DOG.
Dogs are property, and you can't use deadly force to protect property.

However, a house is a HABITATION, and there are special laws for that.
Using deadly force to defend your habitation is OK if (and only if) you reasonably believe that it's necessary to prevent the burglar from committing a further felony (aside from the burglary itself) inside the home.
Like, for example, brandishing that knife at you in a way that would be aggravated assault, putting you in reasonable fear of getting cut. Or, in another example on the same facts, you believe the burglar has already used "force" to get into your home-- broke a window, pried-open a door lock, picked a lock, etc. This "habitation" law draws a distinction between a break-in and somebody just letting themselves in through an unlocked door.

So for burglars that you reasonably assume intend to threaten you with that knife that they're holding,
or for burglars that you reasonably assume (or know) are not part of your household or a guest and have actually broken into your place with force, you've got a green light to go to guns, EVEN IF, at that moment, your dog has them temporarily distracted.

 

[Gingerbeard Man]

Regardless of what the situation is, if there is an uninvited anything in my house that poses any threat, it's going to take some hot lead on real quick and be off to the spirit world. I'll keep my family safe at any cost, including the dog, even if it means I have to face whatever consequences they can drum up afterward. Willing to take that risk instead of guessing what the intruder's next move will be inside my home. Period.

 

[shootin4fun]

Bringing a knife to a gun fight, breaking and entering with a deadly weapon, and messing with my dog = dead intruder

 

[GAgunLAWbooklet]

Regardless of what the situation is, if there is an uninvited anything in my house that poses any threat, it's going to take some hot lead on real quick. ..

BUT, the OP's original hypothetical indicated that the burglar wasn't a threat at that moment. The dog was handling him for you. It's only if the burglar beats the dog that the burglar will then become a threat to you.

That scenario would technically be a big problem to invoking self-defense laws for deadly force out on the street, but since we're talking about a home, we have a more flexible set of rules.

 

[Red Squirrel 556]

STAND YOUR GROUND

 

[Gingerbeard Man]

BUT, the OP's original hypothetical indicated that the burglar wasn't a threat at that moment. The dog was handling him for you. It's only if the burglar beats the dog that the burglar will then become a threat to you.

That scenario would technically be a big problem to invoking self-defense laws for deadly force out on the street, but since we're talking about a home, we have a more flexible set of rules.

Yep, I'm aware. Out on the front porch, different story. In the house, goner without hesitation. I will never second guess my actions in that scenario. My family's lives are far more important than the intruder's that made a bad decision.

 

[Marietta tony]

The intruder is brandishing a knife.
He is not going to like the outcome. If I can't miss the dog, then he has him by the throat and I don't neet to shoot anyway.