(NETWORK IN) Home invasion shooting laws clarified
Two Indianapolis residents have shot and killed home intruders in the past week. What makes such an act justifiable?
If someone busts into your house unlawfully, and if you’re afraid for your life, and if deadly force is necessary, then you can legally shoot and kill the intruder. It’s happened twice in the past week in Indianapolis. But, there are some circumstances where you could get into trouble.
Guy Relford, gun rights attorney, self-defense trainer, and host of “The Gun Guy” radio show, explained the “Castle Doctrine.
“We refer to the ‘Castle Doctrine’. That specifically applies to your home. Indiana actually extends that to your occupies motor vehicle,” said Relford. “If someone is unlawfully attempting to enter your home or has already unlawfully entered your home, Indiana justifies the use of deadly force if you reasonably believe that deadly force is necessary to either prevent or terminate an unlawful entry into your home.”
Relford said that while it may seem unusual for there to be two instances in the same place within a week, it’s actually being heard about a lot more across the country.
“Whether it’s increased incidents or increase publicity is questionable. But, we’re seeing an awful lot of them across the country.”
Relford said what happens in your home is different that what happens when you’re out walking around in public. That requires you to be in fear and to have a reasonable belief that you’re preventing either serious bodily injury or the forcible commission of a felony.
If you do end up shooting someone who comes into your home, Relford said for it to be legal, the person cannot have been invited.
“What people need to realize, and I teach this in my classes, is that’s a homicide. If you intentionally kill a human being, that’s a homicide and it’ll be investigated like any other homicide,” said Relford. He added that if it’s clearly justified, you will likely be cleared quickly.
But, you could still face a civil lawsuit.
Relford also said that if you shoot someone after they have been disabled or when they realize you’re there and have a gun and they’re trying to leave, you could be criminally liable.
“The last couple of shootings, very quickly after the very initial reports, everyone said ah ha! Guy you agree with us. That was legal, right? My response is always, well, I don’t know yet. What if that person was invited in. What if their name was on the lease.”
