Intruder in our house - what would you have done?

[ElJimmyStrappo]

From my police training, I would draw, and do a high risk takedown, or felony arrest on him. Since 99.9% of civilians don't know how to do a felnoy arrest or have cuffs, I would get him on the ground, have him put his hands in the small of his back and keep him there while the cops come.

I would not shoot unless I felt threatened for my life.

[ROFL XD]

Great replies so far, I would probably also go with the stepping outside and 911-ing it if I hadn't been seen yet. However if I had been seen, I'd definitely draw and order him down and call 911... and if he ran the other way I'd follow (without waiving the gun around like some idiots do, of course). If it were a big guy and he ran towards me, I'd probably shoot though since at 140 lbs. there is definitely the risk of getting the gun grabbed and used against me if I didn't. In any general situation, I would agree with most of you and certainly try my best to avoid shooting unless I felt that someone's life were in danger, even if you were legally justified to open fire.

Polymerhead: You're absolutely right, the dispatcher my mom spoke to later also said she should have run away and called 911... but she didn't have her cell phone on her at the time anyway. I need to teach her about being better prepared... I always have my cell phone on me no matter what, and usually the XD except when I'm on campus (stupid university gun ban... my understanding is that it is in no way illegal, but you could still get kicked out of school... I need to transfer to the University of Utah). Some of my friends call me gun crazy (they know I "sometimes" carry, but little do they know that I have even done so while out at dinner with them) but this really goes to show that you never know when you might need it.

Hwkeye: we never had any guns at that house except BB/pellet ones, I only got into real ones after moving out into my own place.

Beaterar: haha, I have thought about that

[Hwkeye]

Yes, ALWAYS shooting is a last resort, but you do have the right to draw down on any intruder in your house (depending on your state laws) at least in good 'ol KY you do.

[jonny4523]

Originally Posted by Hwkeye

If i walked in and a guy was in the house, I would Immedietly draw my weapon and order him to the ground... While he was on the ground, i would call the police immedietly, then when the police were coming, I would question him on who he is and why he is in my house.... I would hold him at gunpoint until the police get there... any aggresive move and he would have been shot... period.

I think I'd go this route. Try to surprise him before he gets a chance to draw on me. Call 911 immediately, not just to get the cops there, but so that they can record everything that goes on. If I shoot, I'm going to make sure that I vocalize that I'm afraid for my life. If he comes at me (or ESPECIALLY my family), he quite possibly would walk again.

[manr0e]

Originally Posted by Hwkeye

True... and remember, if you are posting here, chances are that you have 1 or 2 guns in the house... how do you know if he had gotten to them??

Thats why I wear my holster to bed! ha

[VAXDGUY]

Originally Posted by ElJimmyStrappo

From my police training, I would draw, and do a high risk takedown, or felony arrest on him. Since 99.9% of civilians don't know how to do a felnoy arrest or have cuffs, I would get him on the ground, have him put his hands in the small of his back and keep him there while the cops come.

Sorry, but your first and only duty is to try and get him to leave, which you haven't tried. Absent that, with a good lawyer after your "felony arrest" (unless you really are a cop which it doesn't sound like), he could end up owning your house. Last time I looked, simple trespass is a misdemeanor; your response to that would be disproportionate, and would open YOU up to all sorts of legal action. Citizen's arrests are lawful for FELONIES, not for misdemeanors. You'd be lucky if you weren't charged with assault, battery and kidnapping (not allowing him to leave). And that's not even considering the next step:
What if he wouldn't keep his hands in the small of his back? Pistol whip him? Shoot him? Either way, you're in big heapum trouble. The minute you draw on him, you've changed the rules of the game and someone's going to own your @$$..

[Glxso201]

Originally Posted by manr0e

Thats why I wear my holster to bed! ha

[off topic]

for some odd reason, when i read that, first thing i thought of was tactical pajamas

[Hwkeye]

Originally Posted by VAXDGUY

Sorry, but your first and only duty is to try and get him to leave, which you haven't tried. Absent that, with a good lawyer after your "felony arrest" (unless you really are a cop which it doesn't sound like), he could end up owning your house. Last time I looked, simple trespass is a misdemeanor; your response to that would be disproportionate, and would open YOU up to all sorts of legal action. Citizen's arrests are lawful for FELONIES, not for misdemeanors. You'd be lucky if you weren't charged with assault, battery and kidnapping (not allowing him to leave). And that's not even considering the next step:
What if he wouldn't keep his hands in the small of his back? Pistol whip him? Shoot him? Either way, you're in big heapum trouble. The minute you draw on him, you've changed the rules of the game and someone's going to own your @$$..

I dont know what its like in Virginia, but here in kentucky, if sombody is in your house, you have probable reason to believe that they are there to harm you. Technically you can fire right there... but not being cruel and unusual, you can order them to the ground, that is what the whole law of "not having to retreat" is all about.

[Hwkeye]

[ROFL XD]

Originally Posted by VAXDGUY

Sorry, but your first and only duty is to try and get him to leave, which you haven't tried. Absent that, with a good lawyer after your "felony arrest" (unless you really are a cop which it doesn't sound like), he could end up owning your house. Last time I looked, simple trespass is a misdemeanor; your response to that would be disproportionate, and would open YOU up to all sorts of legal action. Citizen's arrests are lawful for FELONIES, not for misdemeanors. You'd be lucky if you weren't charged with assault, battery and kidnapping (not allowing him to leave). And that's not even considering the next step:
What if he wouldn't keep his hands in the small of his back? Pistol whip him? Shoot him? Either way, you're in big heapum trouble. The minute you draw on him, you've changed the rules of the game and someone's going to own your @$$..

Actually, in Indiana:
35-43-2-1.5 Sec. 1.5. A person who knowingly or intentionally breaks and enters the dwelling of another person commits residential entry, a Class D felony.

I thought it might be a little shakey since none of us currently live there, but a quick search proved me wrong:

IC 22-9.5-2-8
"Dwelling" defined
Sec. 8. "Dwelling" means:
(1) any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residency by one (1) or more families; or
(2) any vacant land that is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure described by subdivision (1).

The guy has already committed a felony.

EDIT: I forgot to mention that he entered by removing the screen on a downstairs window and forcing it open.