Legal implications of shooting a burglar in WI...?
Not to split hairs, but I really need to know this because I'm buying a .45 acp for protection. I live in WI where there is no "Castle Doctrine." I think this means I need to "flee" from a burglar even in my own home.
1) What if I see a burglar in my living room and I can't reach the lights without passing by him to see if he has a weapon, can I shoot him? (assuming afterward he never had anything, but if he had I could have been killed in attempt to see if he had a weapon, and assuming I knew he was a burglar ie: stealing my tv)
2) How am I supposed to "retreat" if my wife and children are sleeping? I couldn't gather them up before one of us could get hurt. I can't run from a burglar if my family has to stay. (again assuming I shot him but later found out he didn't have any weapon)
3) Could a civil suit be filed against me for using hollow points if the burglar survived a gunshot?
4) What if the burglar was upstairs with my family and myself and the only way to retreat was to go downstairs, but the burglar is inbetween you and the stairs. Can you sneek up on him and pop him in the head? I ask this because if you turn the lights on, yell at him "get on the floor, I have a gun!" it might be too late before the burglar has his gun pointing at your head, when if you otherwise caught him off guard you could shoot him first- would you go to jail?
WI self defense laws are very liberal. I just want to make sure I wouldn't go to jail someday if something were to happen...Thanks,
- PappyLv 41 decade agoFavorite Answer
Shoot him dead, empty the clip, if you don't when he get's out of prison he could sue you or hurt someone in your family. Then take your chances with a jury.
I really don't think any jury "except for some far left bleeding heart radical liberals" would find you guilty for protecting your home and family. Make sure you shoot him inside your home not outside.
He could be released from prison in less than a year because we have a Judicial System that operates on a severe retarded level.
- Anonymous1 decade ago
I've heard tales of burglar suing the home owner for having a metal fence that made him fall on the ground while he was trying to climb over it to enter the house and steal something worth less than $400 or something like that. I didn't know they were true until I read your question. Thanks.
Practical advise; buy a NVG. (I had it since I was 12 and it still works after nearly 20 years) Around $260 and it's actually from early 80's USSR military surplus, modified to meet US standards for civilian use. Purchased from local sporting goods store. came with an infrared light which since it's nearly 30 years old does show the tiny red light that's visible but hardly noticeable. (for use in complete darkness) I can't imagine how cheap they would be now. And a Mace. (if it's banned then a pepper spray)
It simply doesn't sound like you should buy a gun at all. Even though I personally think the law is libullSh*t But you gotta abide by them, no matter how little it makes sense to you, me or others.
Personally, if it wasn't against law; if I saw a burglar with a firearm went upstairs where my wife and kids were sleeping, and without a reasonable doubt that he was going to murder, or rape my wife or kids then,, I will shout for him to turn around.then empty the magazine into his face. My word + my families against the words of the arned burgular who unfortunately could not make it to the hearing since he was dead. But if all he wanted was a TV, and he looked like he needed it to pay off a debt or something, I will just let him have it. I don't want to kill someone if I don't have to.
If the court finds me guilty then fine, at least my family is safe and I had no choice.
- Anonymous1 decade ago
Burglary is coming in with the intent to commit a felony. You should shoot him for starting to do something else; another felony.
The regulsr 231 g. bullet does a fairly good job although it doesnt expand. Hollow paoint bullets would just be another talking point for the prosecution after you are in court.
Shoot first. Ask questions later.
- 1 decade ago
In WI, if someone enters your home with criminal intent and you shoot them, you are safe under the law. 'The key word is "Reasonable amount of force". WI State statutes " 939.48 and 939.49".
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- Todd HLv 51 decade ago
Better to have a jury of twelve, than carried by six. Shoot him dead and put a knife in his hand.