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    ez_tech's Avatar
    ez_tech Posts: 1, Reputation: 1
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    #1

    Nov 14, 2012, 12:27 PM
    A man was on my porch and refused to leave.I fired a shot in the air
    A man was in my yard and on my porch threatening me and my familey.he call me all night and threatened me.He walk up in my yard with a gun the next morning and wouldn't leave.I shot a warning shot in the air after ordering him to leave 15 times
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Nov 14, 2012, 12:29 PM
    So, what is your question? And with a question should probably also give us your state or country.

    Firing a "warning shot in the air" is generally a bad idea. Once you had done so, he would probably be able to claim that you had fired first, and so he would be justified in returning fire. If you have reasonable cause to believe that deadly force is necessary in order to prevent deadly injury to yourself or others, you might need to shoot, but if you shoot, shoot to kill.

    In many areas, firing a firearm is, by itself, considerred use of deadly force. From what you have written, I don't know that your use of deadly force (shooting your firearm, in the air or otherwise) was justified.

    In most places, it is not justified to use deadly force just because someone won't leave. Instead, call the police. If you have a reasonable fear of Iminent, serious bodily injury, deadly force might be justified, but you didn't indicate what kind of threats this person was making.

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