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Just curiuos....

Tony104104

New member
Just Curious-
If my house was being burglarized, and my dog ended up killing the burglar.... Would the "law" put my dog down(kill it)?
 
I far as I know, no.

But unless your dog knows how to pull the trigger of your 9mm, I dont think that excuse will fly.
 
Deadly force in defense of habitation: conflict of authority

1. Common law approach: home-dweller may use deadly force if he reasonably believes it is necessary to prevent imminent and unlawful entry

2. Some jurisdictions authorize deadly force based on a reasonable belief that the intruder intends to commit a felony

3. Some jurisdictions authorize deadly force based on a reasonable belief that the intruder intends to commit a forcible felony, or otherwise poses a risk of death or bodily harm

Use of "spring guns" or mechanical devices

1. Common law rule: One has a defense to homicide by spring gun if he would have been privileged to use deadly force had he been present

2. Modern trend (incl. MPC): One is never privileged to protect one's habitation by "spring guns" or mechanical devices

Illustration of modern trend see, Bishop v. State
 
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