Stupid druggie nieghbors!!!

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Originally Posted by Slim

The guy you knew from HS was totally in the wrong and deserved to be charged. The guy with the gun was just protecting himself. And since his car is an extension of his domicile in most states, it would be no different than if HS guy broke through the front door of his house with a bat.

Just sayin'.

If the OP were to protect herself and her family in her domicile with an object that is legal for her to own, she most likely won't be charged either.

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Can not a vehicle also be considered a weapon? And the other party struck first?

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Originally Posted by Slim

If the OP were to protect herself and her family in her domicile with an object that is legal for her to own, she most likely won't be charged either.

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That really depends on where you live. Several years ago there was a case in Cali where a guy came home and found someone raping his wife. The husband shot the guy, and the prosecutor was able to get him on man 1. Something like two years later he was finally able to get it appealed, and was exonerated.

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Originally Posted by MarkS

Can not a vehicle also be considered a weapon? And the other party struck first?

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Yes it is.

And in most places, responding with deadly force when someone breaks into your home is merited when you feel that your life or your families life is in jeopardy. Doesn't have anything to do with whether or not your "stuff" is in jeopardy.

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Originally Posted by frankykeno

From the Canadian Criminal Code (C-46):

From Defense of Person:

Every one who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.

(2) Every one who is unlawfully assaulted and who causes death or grievous bodily harm in repelling the assault is justified if

(a) he causes it under reasonable apprehension of death or grievous bodily harm from the violence with which the assault was originally made or with which the assailant pursues his purposes; and

(b) he believes, on reasonable grounds, that he cannot otherwise preserve himself from death or grievous bodily harm.

And under Preventing Assault:

(1) Every one is justified in using force to defend himself or any one under his protection from assault, if he uses no more force than is necessary to prevent the assault or the repetition of it.

As far as Defense of Property, that's a bit different:

(1) Every one who is in peaceable possession of personal property, and every one lawfully assisting him, is justified

(a) in preventing a trespasser from taking it, or

(b) in taking it from a trespasser who has taken it,

if he does not strike or cause bodily harm to the trespasser.

Assault by trespasser

(2) Where a person who is in peaceable possession of personal property lays hands on it, a trespasser who persists in attempting to keep it or take it from him or from any one lawfully assisting him shall be deemed to commit an assault without justification or provocation.
R.S., c. C-34, s. 38.

Defence with claim of right

39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary.

Defence of dwelling

40. Every one who is in peaceable possession of a dwelling-house, and every one lawfully assisting him or acting under his authority, is justified in using as much force as is necessary to prevent any person from forcibly breaking into or forcibly entering the dwelling-house without lawful authority.

R.S., c. C-34, s. 40.

Defence of house or real property

41. (1) Every one who is in peaceable possession of a dwelling-house or real property, and every one lawfully assisting him or acting under his authority, is justified in using force to prevent any person from trespassing on the dwelling-house or real property, or to remove a trespasser therefrom, if he uses no more force than is necessary.

http://laws.justice.gc.ca/en/showdoc...:s_3_1-gb:s_34

So my read of that is that you can use reasonable (and if needed lethal) force in defense of yourself or others if you believe there is no other course of action to preserve life. Property is another matter because the law in Canada recognizes that losing your life is not the same as losing the cash on top of your dresser. As well, of course, you have to deal with the issues of strict gun ownership and legal storage of firearms laws, especially with children in your home.

Personally I'd suggest you get a nice German Shepherd puppy from a good breeder, take it for training and enjoy a lovely pet that will warn you about strangers on your property. I grew up with a couple of huge male GSD's and they were wonderful family pets. However, I know it gave people something to think about if they wanted to break in with a 120 lb dog in the house who loved his family VERY much.

We did have one drunken and violent idiot who tried to get in once. Amazing how fast he exited the property when we turned the dog loose. Chum never put a tooth in the man, he just "escorted" him to our property line. :)

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http://en.wikipedia.org/wiki/Castle_Doctrine The Castle Doctrine removes all the ifs ands or buts from the right to defend yourself.

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Originally Posted by nixer

does anyone else think that earl lives in the funny farm :rofl:

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I'm serious. Those are my two worst neighbors from hell.

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Originally Posted by Earl

I'm serious. Those are my two worst neighbors from hell.

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Makes me glad that I don't really have neighbors.

My worst neighbor I've ever had is the guy who has the apartment above me.

He's unemployed, has no tv, and has really squeaky floorboards. He spends most of the day pacing around by the sound of it, I assume because he has nothing to occupy his time.

I've lucked out with neighbors/college roommates. While there has been plenty of drugs and alcohol around, I've never had my room broken into and had stuff stolen.

I HAVE had plenty of people accidently walk into my room thinking it was theirs, but it was funny more than anything else. Besides, who HASN'T stumbled into the wrong room on campus on occasion? :rolleyes: certainly not me :rolleyes:

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Originally Posted by ncbloods

Makes me glad that I don't really have neighbors.

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I did try and help them. I really did. I talked to Francine about my mom going through surgery to have a breast removed and how she dealt with it, even had my mom talk to her. She refused to listen though and recently pulled me aside when I came home from work and told me she wasn't going to make it.

I do try.

Natalie on the other hand....let's just say I don't know whatever happened to her. My wife did offer friendship and help but one day she just was gone.

In the end all you can ever do is tend to your own backyard and do your best.

At one point in time we had someone living next to us, he would make threats at our mix dog when she would bark at him for getting too close to the gate. Of corse I yelled at him a few times for throwing rocks at her. And she was a super sweet dog, she was only barking because she wanted to play. Well when she was about a year and a half, some other dog jumpped the fence and she got preggo. She had 5 cute little pups, when they were 2 weeks old I let her out to go potty, about 15-20 min while I cleaned her puppy box. She came in staggering like she was drunk, and started to throw up. I ran her to the vet, who could only give her some shots, she died that night.:tears:
a few days later the nieghbor walked by the yard running his hand along the fence and said "finnaly some quiet"
Bas-turd Killed my dog!
He also catnapped our 2 kittys and took them to the shelter, several times. We left my brother-in-law to cat sit while we were out of town and told him not to let them outside...he did. and our cats are gone, either taken to the shelter again or killed...I did check with the shelters, they said they did not get our cats in.

His kids were brats too. We have bans on fireworks most summers because it gets so dry here, one year his kids were in his yard shooting bottle rockets at the side of my house.

So I called the cops, and they said that since the kids were gone when they got there there was nothing they could do.:taz:
They also said that since I did not have a video, or pictures of my dog being poisoned they could do nothing.:taz:

(this was living in a trailler court)

Now the people that live downstairs from us keep turing up their music so loud it rattles things off the shelves, normaly they stop before 10pm..so noting we can do about that. (city said if the noise is between 12pm and 10pm it doese not violate any city rules)



I'll be moving soon, I hope whoever I end up living near can be civil.

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Originally Posted by Slim

I notice you are in Canada. Are you guys allowed to protect your homes and families up there through the use of firearms? If so, I would suggest you purchase one before your neighbor graduates from petty theft to higher forms of criminal activity.

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exactly what i was gonna say