If someone breaks into my house while I am at home and I shoot them...

[PhotobearSam]

will I be charged with a crime?

Anyone with any legal knowledge know for sure?

There is a thread on the Community board about a guy who shot 2 burglars at a neighbours house and it got me to thinking...

If I shot an Intruder, do I break any laws here in Canada?

 

[bbangel]

You have a right to protect yourself but not your property. So you would have to prove that you were in a life threatening situation (very hard to do!).
In the States you have the right to protect your property as well as your person.

 

[tmcallister]

This being Canada, you'd really have to explain where the gun came from as well.......

 

[PhotobearSam]

Well, since handguns are not common in Canada, I would assume a hunting riffle.

I was just curious. I don't even own a gun but was wondering if someone shot and intruder, would they be charged.

We were broken into once when I was a teen. I was the one who discovered it. I then loaded my brother's gun and walked the house. My Mom asked what I would have done if I found someone there. I said "I would have shot them or at them (if I missed)" It's just what my instinct told me. Now, It may have been different if I actually found someone there...

I was just wondering what the law says here.

In Texas, you have the right to protect your person and your property...

 

[mousy_in_canada]

We have a few hunting rifles here, And I would carry it and scare the intruder.. but they all have safety locks on so I can't shoot them lol.. As for getting charged I think we would unless they are attacking us then we can say it was self defense. BUT OTOH they can sue us for threatening them with a gun.. according to my law teachers way back in High School in Canada we can sue anybody for anything.. But that is another topic.

 

[digskat]

to answer your question, yes you would be charged unless you are in imminent danger (you can only meet the threat you face). This exact thing just happened close to here, a guy had a large amount of pot in his house, and was broken into during the day. He went to a neighbour, and borrowed a rifle. The three young adults returned a few hours later, to steal again, and one was shot. The three robbers were charged with B&E(x2), possession of B&E tools, and one with possession of a weapon (unsure what). The home owner was charged with attempted murder, assault with a weapon, discharging a firearm, and possessing a weapon (unregistered to him). The home owner was later charged with trafficking and cultivating for the purpose. None of the cases are complete yet.

 

[highland3]

Agreed... you would almost certainly be charged and the onus would be on your lawyer to prove self defence during the trial.

 

[ChisJo]

I am not a law student by any means....but if someone broke into my home, and they threatened me, and yet, they had more rights than me (how can I prove they threatened me???), there is something very skewed with our justice system when a criminal has more rights than a victim.

 

[Boomer1]

There was a case earlier this year in New Brunswick where a homeowner was charged with shooting and killing an intruder. the homeowner had been broken into several times and the police knew who did it but were unable to prove it. The homeowner shot at the truck of the fleeing robbers after catching them in the act and one of the robbers was fatally wounded. The man was found not guilty as the Crown could not prove he intended to kill anyone, only mark the truck fir identification.
I believe you have the right to use reasonable force to protect yourself and your possessions. If you shoot an intruder in the back , on your front lawn you may have a difficult time proving it was self defense.

 

[digskat]

the person in NB was fortunate. In Ontario, he would at minimum be charged with discharging a firearm and manslaughter. He was in no imminent danger, and the force used well exceded any force met. You can use reasonable force to protect life, but not property, and the reasonable defence means force reasonable to risk. In other words, you can't shoot someone for hitting you, or threatening to punch you.

However......as I have told the guys in my care, if you come to visit, I'll kill first and then plan my defence. I'm not giving anyone a chance to place my family at risk.

 

[PhotobearSam]

I don't have a gun but if I did, and someone came into my home and even advanced on me in the slightest, I would say "I will shoot you if you come near me" and if they moved a millimetre, I WOULD SHOOT THEM. I will not let someone attack or rape me if I have any way of defending myself. PERIOD

Also, as the man on Oprah said...I will NEVER let anyone take me to a second location. If they are going to do anything, it will have to be where they attack me because I won't let them move me.

Remember, fat people are harder to kidnap...

I can't believe that I can't defend myself in my own house...Crazy.

 

[declansdad]

I don't have a gun but if I did, and someone came into my home and even advanced on me in the slightest, I would say "I will shoot you if you come near me" and if they moved a millimetre, I WOULD SHOOT THEM. I will not let someone attack or rape me if I have any way of defending myself. PERIOD

Also, as the man on Oprah said...I will NEVER let anyone take me to a second location. If they are going to do anything, it will have to be where they attack me because I won't let them move me.

Remember, fat people are harder to kidnap...

I can't believe that I can't defend myself in my own house...Crazy.

You can defend yourself in your home if you feel that you are in imminent danger. The catch is that you can only use an amount of force necessary to remove that threat. If you shot an intruder and incapacitated him, you couldn't continues to shot him just in case.