Expert: Jim Pastore - 9/17/2007

Question
Hi Jim,

I have a two part question. First of all I live in Los Angeles, California.  What is the law in regards to use of deadly force such as a firearm if someone breaks into my house, or is in the process of breaking into my house and I am in fear for my life? Can I shoot? Do I have to wait until the suspect actually enters the house to shoot him?

My second question is in regards to carring a gun in my vehicle for protection.  The law states here that no loaded gun can be carried in the vehicle if anyone inside can gain access to it. In other words, the gun and amo has to be seperated.  I have absolutely no record of anything, not even a parking ticket. If I got caught with the firearm inside my car, what is the worse thing that could happen to me?

Answer
Mike,

 I will give you a general answer to your questions. I'm not familiar with the laws in California or Los Angeles.
 As for using a weapon to defend yourself. In my opinion if your life is in danger and you have no way to escape serious physical injury or death then you have the right to defend yourself. If it were me, I would not use a firearm unless I new the intruder had a weapon and my life was in danger. You have to remember though I do not know the laws in L.A. My suggestion is to check with your local prosecutor's office to get their opinion.
    As for carrying a loaded weapon in your vehicle. I would assume that you would have to keep the gun maybe in the glove box and the ammo in the trunk. That's an example. As for someone's record making a difference, I doubt the Police would take that into consideration.
    Again, the best way to get the correct answer to your questions is to contact your local prosecutor's office. Sorry I couldn't be of more help.

Jim