Originally Posted By: greenaccord02
I'm from Texas, and we have a pretty nice set of gun laws here, too if I do say so. The castle doctrine and all that. However, while deadly force is able to be used, the intent should not be to kill. It should be to stop. That's why they call it stopping power not killing power, though for most intents and purposes they are the same. If they show in court that you were using some heinous, crazy, ninja throwing star type round that is designed to leave nothing but a gruesome pile of guts, they'll make the case that you were just waiting, wishing, and hoping to kill somebody and this poor hapless misguided criminal was your victim. When a man gets killed, they don't just throw it out of court because he was a criminal - there will be a trial and despite our wonderful castle doctrines you can still get caught up. Aside from a criminal case, many times the dearly departed criminal's family will seek a civil action against you, and you better bet some crooked lawyer is going to be out to paint you as the grim reaper.
Now, you're right about the bird shot. I was using that as an example, but I think your average man is going to be hollering to beat the band and you'll at least break his concentration with some birdshot. After all, it's little pieces of metal flying at 1250 feet per second. My point was that anything coming out of a shotgun isn't something you just shrug off.
Texas is a great state for firearms laws...you guys had castle doctrine long before it was passed in much of the rest of the country.
In any self defense scenario, the intent while using a firearm is to stop the threat. Like I mentioned, I've been a police officer for 10+ years, so I know the legal jargon. The reality of self defense shooting is, to most consistantly stop the threat, you have to do sufficient damage to structural or vital areas of the human body and be able to do so realistically with a firearm in a high-stress situation (no shooting guns out of hands or other such Hollywood [censored]). The most effective locations to shoot someone realistically to accomplish that is center mass (from chest to groin). Because of the high concentration of vital organs, circulatory structures (major arteries and such), and vital central nervous system structures (specifically the spine), shooting someone center mass runs a significant change of killing them...but that's also exactly why you shoot them center mass, because hitting those structures is more likely to stop the person.
The legal reality is, if you shoot someone in self defense within your home in most conservative states (and assuming you didn't do it with an RPG), you'll probably face a Grand Jury who won't indict you. You're almost guaranteed to face a civil suit, but that's a fact of the US tort system...you can sue anyone, for anything, at any time. Using a "home defense round" really won't effect that...most such rounds are just low recoil rounds with improved round performance on the other end (and are usually similar in type to those used by police across the nation).
And, your "average man" isn't the type to hang around when faced with a shotgun in the first place. Anyone who doesn't retreat in the face of a shotgun is a serious threat. But, then again, the "average man" doesn't break into a occupied residence, either. Statistically, even the average burglar doesn't break into an occupied residence...they prefer unoccupied residence and will generally run when confronted. No, someone who will enter an occupied residence and stand firm when confronted by the occupants should rightfully be considered a deadly force threat.