ChrisLCR

I live in on the second floor in a duplex. My best friend owns the house and lives below. We are frequently in each others apartments as if they were our own. The neighborhood we live in isn't terrible but it's not great either, and seems to get worse every year that goes by, especially with "da club" across the road were at bar close they pour out like animals at the zoo with fights and police called almost every weekend (usually called by us).

If somebody breaks into the house, I believe chances are they may go into his place or the basement first. I have tried talking him into getting a weapon for SD/HD but he has yet to make a move.

If somebody breaks though the outer hall way and I find them there, in his place or in the basement, I wonder if I have a legal right to use deadly force, or am I just supposed to sit there cooped up in my place waiting for the cops because that is not technically my apartment? I also use the washer and dryer in the basement, so it's not like I have no business being there.

Your thoughts?

ChrisLCR

Hmm... somebody answers me then removes their post. I understand people feeling nervous about giving advice and then me going back and pointing them if something happens???

I was just hoping someone could point me to a website with laws regarding this situation. Everything I've checked so far assumes I would be the owner of the house under assault.

RThomas

I would think that you need to find out the Wisconsin laws. Different states have different laws - and sometimes certain cities/counties have different laws within the same state. I think. Sorry.

Quiet 1

Based on your question it's "too close to call."

This is very much a state issue. Please do yourself a favor and check Wisconsin laws. For example, do they recognize the "Castle Doctrine"? And, or, "Stand-Your-Ground" provisions? There are too many variables involved to even venture a guess to the question as you've posed it.

If you're going to display your firearm you must be prepared to use it and your use would include, at the very least:

A) Were you in actual fear for your life or serious bodily harm?
B) Did you act in self defense or to save the life or prevent serious bodily harm to another?

There are a few good books available that cover this subject in much detail. I don't have their titles at hand but maybe someone here will post them.

And for the record: No, I'm not an attorney nor do I play on on TV.

As I suggest in my opening sentence, get some good, reliable information. You should be able to find the appropriate Wisconsin laws on an "official" Wisconsin state website. Good luck. Based on your description of your neighborhood I believe a short barrel shotgun loaded with number 4 buckshot would be sound and prudent investment.

arg0naut22

+1 on legal aspects as each state is somewhat different. as far as someone posting and then deleting, that was probably not a slight. more likely they had a moment's pause and thought "wait a minute-- my state law might not be the same, so i shouldn't go giving advice on that."

Marine Division Two

I am a firm beleiver that a barking dog is a very good deterent,and one a Defendants attorney would bring to the attention of the Jury,and a Dog is not as costly! That said,I would be of JMO but your domicile/apartment is the limitation to the effect of Castle Doctrine,remember this is Just one mans opinion ! And would be better if the Barking dog could also dial 911.

101snubbie

Or if you don't want a dog, recorded audio of a snarling pooch works just as well and doesn't leave presents on your lawn. They may come in anyway, but it's an added deterrent and at least worth a look.

barking dog alarm | eBay

OldCrow

I am not a doctor nor do I play one on TV. But I bet you will sleep a lot better if you quit calling the cops on the bar patrons. I lived over the top of a bar in the French Quarter that never closed, except for hurricanes and tropical storms for years. I never found a reason to call the cops.

Amishman44

I didn't sleep at a Holiday Inn Express last night...but I do know that 'being afraid for my life' is a key element in validating the need to use a firearm for self-defense...especially in a court of law...or for the protection of another human being whom you determine to be at imminent risk of suffering major bodily harm and/or death!

I would research WI laws for self-defense...and appropriate use of a firearm for the preservation of life and/or property!

Be smart...be prepared...and be careful!

terry_p

Handgunlaw.us

Go to your state and then you can get to the actual statutes. My rule of thumb is deadly force is justified if you are in fear for your life. If they are outside your home/apartment in the hall then I would not shoot. If they are about to harm your friend then it gets grayer but I think reasonable people would agree you have the right to defend him/her.

ChrisLCR

Thanks for the info, but does it cover rifles, shotguns as well?

BearcatShack

It might be a good idea to discuss with a lawyer beforehand and have him at the ready if needed.

Quiet 1

Yes.

As I stated above, if Wisconsin law includes a "Castle Doctrine" you will have a lot more justification in using deadly force inside your domicile than if it requires you to "retreat" as far as possible before using deadly force. Also, I should have included a "C" in my above answer adding that "Disparity of Force" is another issue the authorities will consider in the aftermath of a self defense shooting.

So, please do some homework before you rack your shotgun and start blasting away.

Here is a link to a site which may begin to answer your questions. It appears to also include some of the book titles I referenced above. Click here: gunlaws.com - Wisconsin Gun Law Links
A quick Goggle search will probably display a link to your states "Official" website with all the revelent statutes.

Tracer

In my humble opinion, the pumpshot gun is the best home defence a Male can purchase (12 gauge #4 Buckshot) to protect himself and family. A women would do better using a 20 gauge shotgun of the same type or a double barrel perhaps.

jrcorvette

You really do need to know the laws of your State! Florida I hear you can do just about anything.