We will talk about the practical steps you should take now to secure your home. Shooting someone in the middle of the night with a shotgun is the worst thing to do, the goal is to prevent or slow him down through concentric circles of home protection which he must cross. Each time he crosses through one of these circles you should know about it. We will take your calls on home hardening, home defense, firearms related to home defense, the law of home defense. Plus, we have some special prizes for the best callers. Call in or text your questions to 251-343-0106.
An update on an issue we talked about last week. Many listeners were complaining about Alabama Law regarding DEFENSE OF YOUR PREMISES.
What did the Law of England require in 1721? (words and abbreviations are exactly as used in England in 1721.
“Necessary Homicide, is when one for the Defence of his own Life, kills another. And this may be done without expecting the first Blow for that may render a Man incapable to make any Defence. But a Man must not kill another, if by any means he may escape; (and Flight in this Case is not esteem’d1 Ignominious2 even in a Soldier) nor may he follow the Aggressor When he is running away; for that is Revenge, not Defense. And if a man Defends himself with a Sword against a Stick, the Killing the Aggessor will exceed the Bounds of Self-Defense. If the Bounds of Self-Defense are not observ’d, he that kills may be punish’d, but not with Death, by Reason there was a Provocation: But otherwise, he that kills the Aggressor is subject to no Punishment. Co. lib. 3. Dig. lib. 9’, & c.”
In Defence merely of ones Goods, killing is not lawful, unless it be the Killing of a Thief by Night, when your own life is in Danger; or When the Killing is of a Thief by Day, that defends himself with a dangerous Weapon. Dig. lib. 48.
1 archaic, simple past tense and past participle of esteem.
2 deserving or causing public disgrace or shame.
Jacob, Giles. “A Treatise of Laws…& c.” page 317-318
Printed by Ell’z. ‘Nutt and JH. Gosling, (Assigns of Edw. Sawyer. Esq.)
for T. Woodward, against St. Dunstan’s Church in Fleetstreet. MDCCXXI.
Alabama Law requires that to use DEADLY PHYSICAL FORCE against someone (Burglar) who has unlawfully entered your occupied dwelling.
YOU, the legal occupant must reasonably believe that:
1. Burglar must me using or about to use physical force against YOU or another occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.
2. YOU or another occupant of a dwelling may use deadly physical force, and are legally presumed to be justified in using deadly physical force in self-defense or the defense of another person if YOU reasonably believe that Burglar is using or about to use unlawful deadly physical force against YOU or another occupant of the dwelling or any other innocent present.
3. You may use deadly physical force if you reasonably believe that a Burglar has entered the dwelling and is committing or about to commit a kidnapping in any degree, assault in the first or second degree, burglary in any degree, robbery in any degree, forcible rape, or forcible sodomy.
4. You may use deadly physical force if you reasonably believe that a Burglar has entered the dwelling and is the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered, a dwelling, residence, business property, or occupied vehicle, or is attempting to remove, or has forcefully removed, YOU or another innocent person against his or her will from any dwelling, residence, business property, or occupied vehicle when the YOU have a legal right to be there, and provided that YOU know or have reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring.
THERE IS NEVER ANY LEGAL DUTY TO RETREAT FROM YOUR DWELLING OR PLACE UPI HAVE THE LEGAL RIGHT TO BE.
The Owner or Occupant of a Dwelling IS NOT AUTHORIZED TO USE DEADLY PHYSICAL FORCE IF:
1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
2. The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used.
3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity.
4. The person against whom the defensive force is used is a law enforcement officer acting in the performance of his or her official duties.
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