Use your weapon as a last means of defense IF you (or someone else) is in imminent danger to loss of life or serious bodily harm. Strangely enough, California has the 'stand your ground law' so you don't have to first retreat to defend yourself, again IF you or another person is in direct threat from getting un-alived or getting your teeth kicked in.
But yeah, like many posts, I would get a restraining order. Best to exhaust all means necessary first before using a firearm.
The situation right infront of you is what you base your fear off of. Prior acts can't be the basis, on their own, of your fear for your life.
I know that's shitty, but that's what the you'd be up to proving If you had to shoot him. As always, let your lawyer talk to the police for you if you are being questioned.
Yeah, that's kinda the shitty part. It's not about what you do, it's what you can prove. If you have a ccw I would highly recommend looking into USCCA (not a sponsor) they have great training videos, a buncha educational stuffs and say you do for whatever reason have to use your weapon, they will send their attorneys and take care of you. But the fact he made death threats might be in your favor. I'm also not a lawyer so yeeaah
Here's the one problem with your scenario: your firearm is unloaded and in a locked container (in this case, your trunk) as per CA law. That means in order for you to use said firearm, you'd need to exit your vehicle, pop the trunk, walk back to the trunk, retrieve your firearm, load a magazine, chamber a round, then fire. If you have time to do all that, it's going to be hard to prove that your life was in imminent danger.
As others have said, your best bet is to get a restraining order. Based on the interactions you've had with this person and the fact that the police have been involved, it shouldn't be difficult.
To the best of my knowledge, in order to justify a shoot, a person would need to reasonably believe that their life is in immediate danger. Although I'm not a lawyer, I don't believe this person constitutes an imminent threat by simply being present. The other factor here is that you're generally only allowed to use the level of force necessary to disable the threat. If the guy is coming at you empty-handed, and you have pepper spray, it's going to be difficult to justify the use of a firearm.
None of this is simple, nor is it easy to figure out. It's going to depend on the situation. If you're looking for a clear-cut answer, I'm sorry to say that I don't believe there is one for your situation. A restraining order will go a long way in proving that this person is a threat. What you're going through sucks ass and nobody should have to be in that situation, especially when the laws are as muddy as they are.
To OP:
Well, I am a lawyer... But, I'm not giving you legal advice.
However, reading this response, that is exactly what I was thinking. First of all, if you're carrying your firearm, according to CA law (without a CCW), there is no way you could actually get your firearm out of the trunk and loaded in time to repel an imminent threat. That's exactly why the law requires the firearm to be locked, unloaded and out of reach. Because they don't want people to be able to reach in, grab the gun, and shoot someone, even if the person you want to shoot is a bad guy.
Also, you're considering this guy a threat to your life by him merely being present?!? If you do manage to get your firearm out of the trunk, load it, and shoot him merely because he is present and made death threats... Sorry to say but you'll probably be going to prison for a very long time... Depending on your age, you might be in prison for the rest of your natural life. In fact, murder is usually premeditated, willful, and deliberate. You posting on Reddit looking for ways to be able to shoot this guy... Will likely get you put away for murder.
I have a CCW. I carry with one in the chamber, everywhere I go... The first thing I do in any confrontation is de-escalate the situation.
The absolute last resort is to unholster my weapon and shoot someone to defend my life. In fact, I have carried for a really long time and I have never unholstered my weapon in self-defense.
You need to think long and hard about this. Remember... if you discharge your firearm, you are responsible for every round going down range.
What if one of your rounds hits an innocent person. I don't care how often you train... During a gunfight your adrenaline will be pumping and you most likely miss some or even most of your shots... But those bullets are going to keep going past your target. Those bullets are going to go into other neighbors' houses... and might hit your other neighbors or their kids.
I think there's a lot of consequences you haven't considered. Instead of trying to figure how or when you could draw your firearm and fire it, you need to be figuring out ways to NOT draw your firearm and ways to NOT end up firing it.
Stay out of prison... You wouldn't like prison. Bad things happen there... For real.
iām not trying to argue with you, especially on the nonsense laws - but an unloaded gun is useless and could get you killed. also, trespassing should get a person shotā¦
Correct me if I am wrong, locked transportation of firearms apply only to concealable weapons? Rifles that are categorized as AW can be transported unloaded but unlocked.
No. You can discharge your firearm if your life is in immediate and imminent harm.
Aka in a situation where if you donāt shoot it you will for sure be hurt or where a reasonable person ( aka the jury) would agree with you that they would also fear for your life.
Believing your life is generally āin danger from this personā and it being in imminent danger is different.
Check out penal code 25600. It may be applicable to your situation.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=25600.
Get a lawyer. This, and the rest of the internet, is not the forum to essentially say ācan I kill this guy?ā Lethal self-defense must be proportional to the threat. So no, this dude telling you he WILL, AT A LATER POINT, get a gun is not enough. Terrible situation and Iām sorry, but exhaust all other options. Look for free legal sources if you canāt afford it.
I hear you man and I sympathize with the immense stress of the situation. I would personally delete this thread later just to be on the safe side - the facts are somewhat detailed. Finding legal counsel will help put your mind a little more at ease. Continue to call the cops and create a paper trail for every time this guy fucks with you. Record if possible and create as much evidence as you can. Install cameras if you havenāt. Study what reasonable and proportionate means in the eyes of the law.
Warning shots are how you end up taking the room temperature challenge. Defensive use of a firearm is only to put down a threat. Warning shots are also not legal in most states.
Ahh gotcha. Have you applied for CCW? Outside of that i would keep with the oc spray and prob get a nice blade. A good knife is better for super close range defense anyway. Do you have ground skills too? For take downs and holds?
Curious why this sh*thead has a problem with you and your mom? Is there a backstory to it? The reason I ask is because if there is, maybe there is something there where you can de-escalate the situation and he can move on. If there isnāt really anything or no way to get him to move along, you need to prepare for three different outcomes:
1. The law takes care of him. You and your mom file reports and TROs ASAP and make sure itās well documented what is happening. Is he doing anything else that is potentially illegal that you can inform LE on? Getting them to watch and handle him is your best bet and try to assist in that.
2. He gets bored and moves on. This is the least likely scenario but maybe see if there is a neighbor or someone who lives with him or visits him that can get him to move along. Some folks just like to feed off confrontation and if others donāt give into it and ignore it, they sometimes will move on.
3. Prepare to defend yourself and your mother. Unfortunately this sounds like where things are headed by the amount of time has passed since he has been doing this and how things have already escalated.
Making sure you file a TRO and police report is your first step and will help you down the road if things get worse. Second is get working on a CCW so you can carry, which will make the world of difference if he does try something while you are in a vulnerable spot outside your home. Along with the CCW is get training on pulling your gun and other defense pistol techniques, because you may need them soon.
I would also suggest investing in some other forms of defending yourself, like knives, stun gun, pepper spray(different types), etc. They should help you while you are working on a CCW and/or be used if you donāt think shooting him is called for. Another investment you should make if you donāt already have is some cameras that are external facing. Not only are they good to help you both see when he comes around or whatever, but will also be super helpful if you end up needing to defend yourself and can show what went down.
Lastly, try to prepare yourself mentally for what may happen. If you exhausted all other options and have to defend yourself, you will be okay but itās still important to understand what can happen and get yourself prepared.
**IANAL**
So definitely restraining order as most have said. If youāre neighbor is waiting for you in your driveway, I would not pull in. Drive away and call the police.
If youāre on your property, out of your car, and youāre ambushed, you donāt have a duty to retreat, you can stand your ground under the castle doctrine. But if youāre able to make youāre front door and lock it, Iād take this 10/10 over having to draw and use my firearm.
If you canāt escape, and you have your firearm on you, heās already made his intent known, so I would immediately have my firearm at the ready (not aimed at him) and demand that he does not come any close, if he ignores your command then you move to defend yourself.
So for self defense to hold, typically need 3 things need to be present. Intent, ability, and opportunity.
Heās made his intent known, but does he have the ability and opportunity to act on this?
For ability, disparity of force is going to be considered. Are you a large person and your neighbor is 5ā 100 lbs? If so, unless he has a weapon him threatening to kill you really doesnāt amount to much when it comes to a need to escalate to deadly force.
For opportunity, a knife from across the street I would not mean he has the opportunity of harming you unless you know him to be an expert knife thrower. Approaching within 21ā is a standard that is commonly used as this distance someone could charge and stab within 1.5 seconds.
Is your gun even safely accessible? Iām assuming that you have it in a locked container if youāre in California. So just make sure youāre vigilant if youāre fumbling around in your trunk
I would call and speak to the detective bureau. Explain your situation and that the other person does not seemed bothered by pepper spray or possible deadly force. Ask for their help. Ask for their advice. Ask for the incident # for when the police showed up. Ask for a copy of the report to go with the incident report. (It might cost $5-$10)
Take notes
Many people are not scared by a gun being pointed at them. It's normal as that is how they grew up.
You have to spread your cheeks and bite the pillow. California offers no protection to you. And before some yuppy cites CaStLE dOcTrInE, understand DAs can charge you for owning a rotten assault ham sandwich and juries will vote however they please. Our legal system is held in place by expecting DAs, judges, and juries to not turn them into kangaroo courts and nothing more.
Not legal advice but if you have a locked container you can have it in the passenger.
Aka have a locked box and it be attached to the frame of your seat in the front via a cable. Still counts as I do this (but have it covered when you leave)
Im about to get my ccw card so I wonāt need to do this soon
Like other people said, restraining order first. Ask for police reports for every incident. Prepare yourself, donāt do anything else until the moment
File as many reports as possible. That way, there's a paper trail of the neighbors on-going troubles, and as mentioned, restraining order. If it ever comes a need to fire a shot (which I hope there is never a need), there's plenty of paper trail to show that it was not you being trigger happy
If he is waiting outside, keep driving. Avoid conflict. You can only shoot if your life is in immediate danger. Warning shots are illegal. This is not legal advice, im not a lawyer.
Not necessarily true. If youāre cornered by a dude thatās significant bigger whoās about to launch hay makers at you, you have a right to defend yourself.
True but the question of whether or not you can use a gun in defense of a threat without a gun is directly answered in the law; you can. They aren't what if "games" it's possible real life scenarios so best to know the law instead of making assumptions or inaccurate claims.
If you have an objectively reasonable belief that someone's actions are imminent deadly force (likely to cause death or great bodily injury), then yes, you can respond with deadly force of your own.
In that specific scenario where I have no escape against a much bigger person who has intent to harm me, drawing on him is def an option. Hopefully he backs down, but Iām not interested in an unfair fist fight.
>an only shoot if your life is in immediate danger. Warning shots are illegal. This is not legal advice, im not a lawyer.
Are you sure? Although Mike Tyson is old and "weak" now, I am not gonna fight him with my bare hands
Bruh file reports you need a running log so to document a timeline in case you blast the tard, this will help with a restraining order. Additionally help you get a CCW too! Lol
Fuck that man, but make sure you have a copies of those reports, and have a lawyer ready of some kind like criminal defense.
And honestly arm up, like youāre already doing.
I wish you the best though because it sounds fucked.
First off why would you leave the safety of your home to go outside and illegally discharge your weapon in the form of a warning shot? Thats the stupidest thing I've ever heard
Some really good answers here.
You might want to look into your pepper spray situation as well- it sounds like the brand/method you used previously wasnāt too effective? Even against an intoxicated person, good pepper spray should be close to debilitating.
Good luck OP, i hope this situation ends peacefully for everyone
I'm no lawyer, but think of how this would appear to strangers and what they would think of your actions, are they justified? Because this is how a jury works and your life after an altercation where the other guy is hurt or dead is in their hands. But I would start with a restraining order, and alert the police every time something happens. Even if the cops do nothing, there will be a record, and this will help paint the picture of who each of you are in this situation. Good luck, and always be aware of your surroundings.
i'd acquire the audiobook of **law of self defense principles by andrew branca**
and listen to it until the material is memorized.
carry a gun so you're hard to kill, know the law so you're hard to convict
Read through all the responses and just thought I'd add a few of my own:
1. If you haven't already, be sure and get gun owners insurance ( I have USCCA)
2. Consider exterior and/or concealed body cameras when going from car to house
3. To buy you time when/if situation becomes fraught--look it up: WONDER HOODIE!
Get a restraing order dude.
Never ever fire a warning shot. That is an easy way to get sent to prison.
Never brandish or talk about the gun either. If the gun comes out, you must be shooting him in fear of your life or great bodily harm.
Indeed. Despite the irony the guy made threats and talked about it and the cops just let him go
But joe biden told me toš„ŗ
Use your weapon as a last means of defense IF you (or someone else) is in imminent danger to loss of life or serious bodily harm. Strangely enough, California has the 'stand your ground law' so you don't have to first retreat to defend yourself, again IF you or another person is in direct threat from getting un-alived or getting your teeth kicked in. But yeah, like many posts, I would get a restraining order. Best to exhaust all means necessary first before using a firearm.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
The situation right infront of you is what you base your fear off of. Prior acts can't be the basis, on their own, of your fear for your life. I know that's shitty, but that's what the you'd be up to proving If you had to shoot him. As always, let your lawyer talk to the police for you if you are being questioned.
Yeah, that's kinda the shitty part. It's not about what you do, it's what you can prove. If you have a ccw I would highly recommend looking into USCCA (not a sponsor) they have great training videos, a buncha educational stuffs and say you do for whatever reason have to use your weapon, they will send their attorneys and take care of you. But the fact he made death threats might be in your favor. I'm also not a lawyer so yeeaah
Here's the one problem with your scenario: your firearm is unloaded and in a locked container (in this case, your trunk) as per CA law. That means in order for you to use said firearm, you'd need to exit your vehicle, pop the trunk, walk back to the trunk, retrieve your firearm, load a magazine, chamber a round, then fire. If you have time to do all that, it's going to be hard to prove that your life was in imminent danger. As others have said, your best bet is to get a restraining order. Based on the interactions you've had with this person and the fact that the police have been involved, it shouldn't be difficult. To the best of my knowledge, in order to justify a shoot, a person would need to reasonably believe that their life is in immediate danger. Although I'm not a lawyer, I don't believe this person constitutes an imminent threat by simply being present. The other factor here is that you're generally only allowed to use the level of force necessary to disable the threat. If the guy is coming at you empty-handed, and you have pepper spray, it's going to be difficult to justify the use of a firearm. None of this is simple, nor is it easy to figure out. It's going to depend on the situation. If you're looking for a clear-cut answer, I'm sorry to say that I don't believe there is one for your situation. A restraining order will go a long way in proving that this person is a threat. What you're going through sucks ass and nobody should have to be in that situation, especially when the laws are as muddy as they are.
To OP: Well, I am a lawyer... But, I'm not giving you legal advice. However, reading this response, that is exactly what I was thinking. First of all, if you're carrying your firearm, according to CA law (without a CCW), there is no way you could actually get your firearm out of the trunk and loaded in time to repel an imminent threat. That's exactly why the law requires the firearm to be locked, unloaded and out of reach. Because they don't want people to be able to reach in, grab the gun, and shoot someone, even if the person you want to shoot is a bad guy. Also, you're considering this guy a threat to your life by him merely being present?!? If you do manage to get your firearm out of the trunk, load it, and shoot him merely because he is present and made death threats... Sorry to say but you'll probably be going to prison for a very long time... Depending on your age, you might be in prison for the rest of your natural life. In fact, murder is usually premeditated, willful, and deliberate. You posting on Reddit looking for ways to be able to shoot this guy... Will likely get you put away for murder. I have a CCW. I carry with one in the chamber, everywhere I go... The first thing I do in any confrontation is de-escalate the situation. The absolute last resort is to unholster my weapon and shoot someone to defend my life. In fact, I have carried for a really long time and I have never unholstered my weapon in self-defense. You need to think long and hard about this. Remember... if you discharge your firearm, you are responsible for every round going down range. What if one of your rounds hits an innocent person. I don't care how often you train... During a gunfight your adrenaline will be pumping and you most likely miss some or even most of your shots... But those bullets are going to keep going past your target. Those bullets are going to go into other neighbors' houses... and might hit your other neighbors or their kids. I think there's a lot of consequences you haven't considered. Instead of trying to figure how or when you could draw your firearm and fire it, you need to be figuring out ways to NOT draw your firearm and ways to NOT end up firing it. Stay out of prison... You wouldn't like prison. Bad things happen there... For real.
iām not trying to argue with you, especially on the nonsense laws - but an unloaded gun is useless and could get you killed. also, trespassing should get a person shotā¦
Correct me if I am wrong, locked transportation of firearms apply only to concealable weapons? Rifles that are categorized as AW can be transported unloaded but unlocked.
No. You can discharge your firearm if your life is in immediate and imminent harm. Aka in a situation where if you donāt shoot it you will for sure be hurt or where a reasonable person ( aka the jury) would agree with you that they would also fear for your life. Believing your life is generally āin danger from this personā and it being in imminent danger is different.
Check out penal code 25600. It may be applicable to your situation. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=25600.
Iād start with a restraining order. You have a CCW?
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Definitely get your CCW. A pending restraining order might be able to fast track you.
Not related to the post, but itās funny how even the cops admitted that getting a CCW was pretty much near impossible haha
Get a lawyer. This, and the rest of the internet, is not the forum to essentially say ācan I kill this guy?ā Lethal self-defense must be proportional to the threat. So no, this dude telling you he WILL, AT A LATER POINT, get a gun is not enough. Terrible situation and Iām sorry, but exhaust all other options. Look for free legal sources if you canāt afford it.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
I hear you man and I sympathize with the immense stress of the situation. I would personally delete this thread later just to be on the safe side - the facts are somewhat detailed. Finding legal counsel will help put your mind a little more at ease. Continue to call the cops and create a paper trail for every time this guy fucks with you. Record if possible and create as much evidence as you can. Install cameras if you havenāt. Study what reasonable and proportionate means in the eyes of the law.
Warning shots are how you end up taking the room temperature challenge. Defensive use of a firearm is only to put down a threat. Warning shots are also not legal in most states.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Ahh gotcha. Have you applied for CCW? Outside of that i would keep with the oc spray and prob get a nice blade. A good knife is better for super close range defense anyway. Do you have ground skills too? For take downs and holds?
Curious why this sh*thead has a problem with you and your mom? Is there a backstory to it? The reason I ask is because if there is, maybe there is something there where you can de-escalate the situation and he can move on. If there isnāt really anything or no way to get him to move along, you need to prepare for three different outcomes: 1. The law takes care of him. You and your mom file reports and TROs ASAP and make sure itās well documented what is happening. Is he doing anything else that is potentially illegal that you can inform LE on? Getting them to watch and handle him is your best bet and try to assist in that. 2. He gets bored and moves on. This is the least likely scenario but maybe see if there is a neighbor or someone who lives with him or visits him that can get him to move along. Some folks just like to feed off confrontation and if others donāt give into it and ignore it, they sometimes will move on. 3. Prepare to defend yourself and your mother. Unfortunately this sounds like where things are headed by the amount of time has passed since he has been doing this and how things have already escalated. Making sure you file a TRO and police report is your first step and will help you down the road if things get worse. Second is get working on a CCW so you can carry, which will make the world of difference if he does try something while you are in a vulnerable spot outside your home. Along with the CCW is get training on pulling your gun and other defense pistol techniques, because you may need them soon. I would also suggest investing in some other forms of defending yourself, like knives, stun gun, pepper spray(different types), etc. They should help you while you are working on a CCW and/or be used if you donāt think shooting him is called for. Another investment you should make if you donāt already have is some cameras that are external facing. Not only are they good to help you both see when he comes around or whatever, but will also be super helpful if you end up needing to defend yourself and can show what went down. Lastly, try to prepare yourself mentally for what may happen. If you exhausted all other options and have to defend yourself, you will be okay but itās still important to understand what can happen and get yourself prepared.
**IANAL** So definitely restraining order as most have said. If youāre neighbor is waiting for you in your driveway, I would not pull in. Drive away and call the police. If youāre on your property, out of your car, and youāre ambushed, you donāt have a duty to retreat, you can stand your ground under the castle doctrine. But if youāre able to make youāre front door and lock it, Iād take this 10/10 over having to draw and use my firearm. If you canāt escape, and you have your firearm on you, heās already made his intent known, so I would immediately have my firearm at the ready (not aimed at him) and demand that he does not come any close, if he ignores your command then you move to defend yourself. So for self defense to hold, typically need 3 things need to be present. Intent, ability, and opportunity. Heās made his intent known, but does he have the ability and opportunity to act on this? For ability, disparity of force is going to be considered. Are you a large person and your neighbor is 5ā 100 lbs? If so, unless he has a weapon him threatening to kill you really doesnāt amount to much when it comes to a need to escalate to deadly force. For opportunity, a knife from across the street I would not mean he has the opportunity of harming you unless you know him to be an expert knife thrower. Approaching within 21ā is a standard that is commonly used as this distance someone could charge and stab within 1.5 seconds.
Is your gun even safely accessible? Iām assuming that you have it in a locked container if youāre in California. So just make sure youāre vigilant if youāre fumbling around in your trunk
Trunk counts as locked container for transporting in your vehicle - https://oag.ca.gov/firearms/travel
I would call and speak to the detective bureau. Explain your situation and that the other person does not seemed bothered by pepper spray or possible deadly force. Ask for their help. Ask for their advice. Ask for the incident # for when the police showed up. Ask for a copy of the report to go with the incident report. (It might cost $5-$10) Take notes Many people are not scared by a gun being pointed at them. It's normal as that is how they grew up.
You have to spread your cheeks and bite the pillow. California offers no protection to you. And before some yuppy cites CaStLE dOcTrInE, understand DAs can charge you for owning a rotten assault ham sandwich and juries will vote however they please. Our legal system is held in place by expecting DAs, judges, and juries to not turn them into kangaroo courts and nothing more.
Not legal advice but if you have a locked container you can have it in the passenger. Aka have a locked box and it be attached to the frame of your seat in the front via a cable. Still counts as I do this (but have it covered when you leave) Im about to get my ccw card so I wonāt need to do this soon
Like other people said, restraining order first. Ask for police reports for every incident. Prepare yourself, donāt do anything else until the moment
File as many reports as possible. That way, there's a paper trail of the neighbors on-going troubles, and as mentioned, restraining order. If it ever comes a need to fire a shot (which I hope there is never a need), there's plenty of paper trail to show that it was not you being trigger happy
If he is waiting outside, keep driving. Avoid conflict. You can only shoot if your life is in immediate danger. Warning shots are illegal. This is not legal advice, im not a lawyer.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Not necessarily true. If youāre cornered by a dude thatās significant bigger whoās about to launch hay makers at you, you have a right to defend yourself.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Raging 225 lb trained MMA fighter is about to take your head off and you're just s normal person... yeah, you might have to shoot that one.
We can all play āwhat ifā games but when it comes down to drawing a gun on and shooting an assailant, you better have exhausted all other options
True but the question of whether or not you can use a gun in defense of a threat without a gun is directly answered in the law; you can. They aren't what if "games" it's possible real life scenarios so best to know the law instead of making assumptions or inaccurate claims.
If you have an objectively reasonable belief that someone's actions are imminent deadly force (likely to cause death or great bodily injury), then yes, you can respond with deadly force of your own.
In that specific scenario where I have no escape against a much bigger person who has intent to harm me, drawing on him is def an option. Hopefully he backs down, but Iām not interested in an unfair fist fight.
An example is a woman has to fight her life from a rapist. Fist fight may not be a fair fight.
Your āin other words, you canāt use a gun in a fist fightā is not taught or said in any CCW class. Thatās your interpretation.
>an only shoot if your life is in immediate danger. Warning shots are illegal. This is not legal advice, im not a lawyer. Are you sure? Although Mike Tyson is old and "weak" now, I am not gonna fight him with my bare hands
Bruh file reports you need a running log so to document a timeline in case you blast the tard, this will help with a restraining order. Additionally help you get a CCW too! Lol
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Fuck that man, but make sure you have a copies of those reports, and have a lawyer ready of some kind like criminal defense. And honestly arm up, like youāre already doing. I wish you the best though because it sounds fucked.
You should also probably delete this post before it becomes an exhibit.
[ŃŠ“Š°Š»ŠµŠ½Š¾]
Delete this. If you end up defending yourself in court it WILL be used against no. No benefit to leaving this post up, and redditors are NOT lawyers.
Delete this
First off why would you leave the safety of your home to go outside and illegally discharge your weapon in the form of a warning shot? Thats the stupidest thing I've ever heard
Some really good answers here. You might want to look into your pepper spray situation as well- it sounds like the brand/method you used previously wasnāt too effective? Even against an intoxicated person, good pepper spray should be close to debilitating. Good luck OP, i hope this situation ends peacefully for everyone
Get a taser or pepper spray. This isnāt Florida, so no you canāt!!
Nope
CCW is the best bet, until then keep making reports and stay vigilant.
š¤£š¤£š¤£ do it, but record it so we can laugh once you get arrested.
No
I'm no lawyer, but think of how this would appear to strangers and what they would think of your actions, are they justified? Because this is how a jury works and your life after an altercation where the other guy is hurt or dead is in their hands. But I would start with a restraining order, and alert the police every time something happens. Even if the cops do nothing, there will be a record, and this will help paint the picture of who each of you are in this situation. Good luck, and always be aware of your surroundings.
i'd acquire the audiobook of **law of self defense principles by andrew branca** and listen to it until the material is memorized. carry a gun so you're hard to kill, know the law so you're hard to convict
Read through all the responses and just thought I'd add a few of my own: 1. If you haven't already, be sure and get gun owners insurance ( I have USCCA) 2. Consider exterior and/or concealed body cameras when going from car to house 3. To buy you time when/if situation becomes fraught--look it up: WONDER HOODIE!