Guns for Home Defense: Part One

With the election of Barack Obama to the Presidency, the question of gun ownership has once again become one of the nation’s hottest topics, with gun owners and dealers alike becoming very concerned about the effects on the laws concerning gun ownership the new administration will have, as well as how it will affect our rights to defend our homes and property.

The question of the defense of one’s home has never been an easy matter because homeowners must consider the legal and moral aspects as well as the exact circumstances they face.

The very definition of ‘home’ can sometimes be confusing when it comes to one’s rights to defend it, besides the private house, home could be considered an apartment, a residence built above or adjacent to a store or business, or it could even be that summer bungalow in a pleasant suburb as well as an isolated farm or ranch house. And what laws have ever been clear as to what part of one’s property can be defended using a gun?

As a rule, most jurisdictions require some sort of ‘forced entry’ into a dwelling before its inhabitant can resort to using a firearm. And further, the inhabitant must have a ‘reasonable fear’ for his or her life, or the lives of others in the dwelling. In most cases the laws state that even then he or she may only use the ‘minimum amount of force’ necessary to drive the intruder away. Many of these laws say that if the intruder chooses to flee, the inhabitant must allow the intruder to do so, even if he or she is making off with stolen property.

It is this solicitous concern for a criminal’s rights and welfare that contribute to crime rather than preventing it. In any case, it is a good idea to learn about, and keep abreast of, any changes in these laws in your community and to do so ‘before’ you find yourself in a self defense situation! The best places to do so are through your city, county, and state’s attorneys’ offices. Simply contact them by telephone or mail and ask for information pertaining to the law on firearms and home defense in those jurisdictions. In Canada, check with the provincial (or territorial) firearms officer. Do not make the mistake of relying on fellow gun owners, gun dealers, or even the police for accurate information; because these people may want to help you, but they will often be mistaken about certain portions of the various laws. Do not risk your neck by accepting ‘secondhand’ information about your rights and restrictions!

Part 2 of this article will deal with specific types of firearms that are best for home defense.