If I shot a burglar would I go to jail?

The local know-it-all and I had a conversation recently about guns. I remember someone telling me that if someone broke into my house with the intention of stealing something or hurting/killing me or my house-mates, that I could legally shoot him. Now, that is assuming I have a license for a gun. The know-it-all told me that I could shoot him, only if he is coming towards me. So, if I shot him in the back, I would go to jail and could be sued by him or his family if he died as a result of the shooting. I can't remember if mentioned if I could be sued if I hit the guy in a the leg or something.

Now, to me that sounds terrible. If someone is trespassing on my property I think I should be able to do something. Especially if there intention is to steal my belongs or hurt someone. So, someone tell me. Is any of this true?

You need to use reasonable force and you can’t kill someone for stealing personal property but if you are in fear for your life or the lives of your family you have every right to use lethal force. You know it wouldn’t be right to empty a double barrel shotgun into someone fleeing your home with an armload of your belongings.

It depends on what state you're in, in Florida, you have to have attempted to warn the intruder before shooting. And of course it would have to be proven that you shooted in self defense. Check your state laws.

You are allowed to use a force necessary to ensuring your safety and equal to that being used against you. If you are seriously defending yourself, you always have a right to do so. The threat must be imminent. The force must be aimed at you i.e. if someone tells you to drive or else they'll kill your spouse, you driving is a criminal offense.

If, God forbid, this should ever happen, aim for the arms. It will disarm them, and there is less risk of accidental death (as opposed to the legs, major arteries run there.)

There are some weird cases that justify lethal force. Arson is one, for example. If someone is trying to burn down your house, you have a legal right to kill them.

I HIGHLY suggest checking to see if these are valid in your area, just to be on the safe side.

Worldwatcher's right, it's a state thing. Luckily, here in FL, we no longer have to go through the trouble of dragging the bastards in the house... We can shoot 'em right out in the open now! Yeehaw!

Actually, we still have to prove that our life was in danger (i.e. so be sure to stick an untraceable knife in his hand, not one of your sets... after you shoot him...and shoot to kill, not wound. Dead people are less likely to sue.

Best to greet burglars with a pistol ready, but a nice baseball bat just in case he's unarmed. You can always throw the bat at him if he flees (hard), but that's not considered lethal, so less likely to be sued, hehe....

# you..i have a gun.too....you do not scare me asshole