Self Defense Laws

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DipreSantana

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Nov 29, 2009
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What are they, is there by chance a castle doctrine here?

Someone broke into my house, forcibly, I came home and found them, they did not seem to be armed, I had a hand gun, I had this hand gun pointed center mass, they scurried away and I didn't chase them, I instead went into the house to see if there were more of them. For future reference, can I shoot these intruders?
 
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Givadogahome

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Sep 27, 2011
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DipreSantana said:
What are they, is there by chance a castle doctrine here?

Someone broke into my house, forcibly, I came home and found them, they did not seem to be armed, I had a hand gun, I had this hand gun pointed center mass, they scurried away and I didn't chase them, I instead went into the house to see if there were more of them. For future reference, can I shoot these intruders?
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Probably something you should find out before buying a gun. If you have no idea when you can use it what is the point in having one?
 
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belmont

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Oct 9, 2009
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From a previous post by Fabio:
Under Dominican law, self defense requires: (a) a certain, imminent and unjustified attack, and (b) a necessary and proportional response.

I don't think the first part needs explanation. As for the second, "necessary" means you can't do anything else (like running away) but defend yourself. ?Proportional? means that you can only kill if you are about to be killed: if somebody is about to beat you up with his fists, gunning him down with a machine gun is not a proportional response, and therefore it?ll be considered homicide.
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If you walk in on someone, your first responsibility is to retreat. If they are unarmed it would be a homicide if you shot at the escaping intruder.
 
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rubio_higuey

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And even if they were armed and shooting on you, you would still have to come up with $$$ to the police and fiscals to be let go ... After that, you would be set free on bail (fianza) for 6-12 months and then the case would slowly go away (some refueling might be necessary during the course of that time).
 
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DipreSantana

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Givadogahome said:
Probably something you should find out before buying a gun. If you have no idea when you can use it what is the point in having one?
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I know when I can use it, it's common sense, it's when I'm in danger, I was not in danger, but I didn't want to let the guy run off. I wanted to pop him in the foot, can I at least do that?
 
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SKY

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DipreSantana said:
I know when I can use it, it's common sense, it's when I'm in danger, I was not in danger, but I didn't want to let the guy run off. I wanted to pop him in the foot, can I at least do that?
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The last thing you want to do is that. If you shoot, shoot to kill. One witness is better than two.

Just to add, if you did that be prepared to pay medical bills for the next century.
 
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Givadogahome

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DipreSantana said:
I know when I can use it, it's common sense, it's when I'm in danger, I was not in danger, but I didn't want to let the guy run off. I wanted to pop him in the foot, can I at least do that?
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From what I hear the best form of protection is to fire in their direction, but try to miss them. This way they know you have a gun and will shoot at them and next time you might even hit them, word will get around and you will be left alone.
I have a feeling a Dominican would shoot him in the foot and then pump another 6 into his head, but he would also have a dramatic backing by locals of how everything happened, and probably a gun would materialize into his dead hand from somewhere if he didn't already have one. A foreigner gunning down a native, even a thief will rarely go down well with all, they keep that luxury for themselves.
 
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zoomzx11

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If you are a gringo you must be careful. If you shoot the thieves its better if they are able to get away. The foot or leg will do nicely. DR law will imprison you and then from jail you must prove you are an innocent victim. Best thing is to fire in air or out a window to scare them off. You do not want to become immeshed in the DR judicial system. Dogs and not leaving the house empty work well. The DR has a lot of "patio thieves' as my wife calls them They will try and steal your gas tank or anything of value they can carry away. I eventually put big deadbolts on my bedroom door and just shoot out the window if I hear a noise. After a few icidents the thieves realilzed we were armed and the problem faded away.
 
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AZB

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Jan 2, 2002
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what I have heard from police (horse's mouth).
if you shoot and kill him and he is unarmed, then find a knife from the kitchen and put it in his hand. Now you can say he came at you. if he came alone and no one responded to the gun shot and no one knew he was in your home then drag him to your car in a plastic bag, dig a hole in the campo and bury him there. case closed.
Many dominicans just buy an illegal gun (chilanga) as well with the legal one. When you kill the tigre, throw the home-made gun at him pretend he had it on him and you shot him first in self defense. if your gun is an illegal gun then tell the police that you fought the intruder and pulled the gun away from him and shot him with his own gun.
Just use your imagination. The police will side with you as they would already know the criminal from his past criminal history.
I would have fired a couple of times to scare the **** out of them. Most dominicans will shoot the leg and hand the criminal to the mob for street justice. Make sure you record the ass-whipping for youtube.
AZB
 
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AZB

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DipreSantana said:
I'm Dominican, and I thought about shooting the wall next to him, didn't do it though.
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I am with you, I would not have shot anyone either unless one would come at me. I would have fired on the ground to scare them. Make sure when you fire, do not shoot your own LCD HDTV by mistake. I would not want to kill some tigre for stealing my stuff. They are afraid now and know you are armed.
AZB
 
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Criss Colon

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yahoomail.com
WHEN i bought my house in Arroyo Hondo SD 13 years ago,from a Dominican,he told me to shoot my gun off the balcony several times a week.Luckily I live nextdoor to a General in the "Policia National".He has an armed "Policia" in front of his house 24/7.Shotgun shells are VERY expensive here."The General" told me to "shoot in the air" if you see a thief around your house.If you kill him,his family and friends will be out for revenge.If you only wound him,he will come back for you.As has already been said MANY times,you do not want to get involved with the court system here.Even if you are found innocent,it will always cost you a lot of your time,and your money.
Best advice I have,is move nextdoor to a general!!
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SantiagueroRD

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Apr 20, 2011
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Good Afternoon, AZB is correct, shoot in the ground in front of him as projectiles do not act like pool balls. At worst the "bouncing bullet theory" will occur whereby the projectile hits a suficiently hard surface (remember spinning due to rifling) jumps up 6-10" and continues at a much lower velocity. Cops used to do this to shoot bad guys under cars. I don't think that this is taught anymore. Don't shoot up as it is dangerous in not only does "what goes up must go down" usually the shot is fired at an angle. One for sure example is in 1985 here in Santiago knuckleheads used to celebrate wins by shooting their weapons and the inevitable happened a guy up in the higher section caught one. Keep in mind the most important three things post shoot is SHUT UP=SHUT UP=SHUT UP...Let your lawyer explain what happened do not try to be a know it all foreigner not only for criminal but civil case reasons.
 
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SantiagueroRD

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Given the current incredible price of guns here I would not try to let people know that I had a firearm. Where else could a bad guy score a portable $RD 100,000 item?
 
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SantiagueroRD

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Good Morning, I was told by a PN Colonel/Lawyer that pepper spray is legal and that CS or CN (tear gas) is only for the Military or PN. If I was you I would forget the stun gun because you have to be in touch with the suspect to use it. You might as well use a ball peen hammer. Virtually all PD's have gone to Tasers but I do not know if they are legal here.
 
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Deyvi

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DipreSantana said:
I know when I can use it, it's common sense, it's when I'm in danger, I was not in danger, but I didn't want to let the guy run off. I wanted to pop him in the foot, can I at least do that?
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I believe Guzman advised on this in a post not long ago. Law is you can only meet the force with equal force. -- fist/fist, machete/ machete--gun/gun. It seems adviseable not to let anyone know you have the gun. Word will be out and the tigures will attempt to get it. One way or another.
 
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SKY

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Deyvi said:
I believe Guzman advised on this in a post not long ago. Law is you can only meet the force with equal force. -- fist/fist, machete/ machete--gun/gun. It seems adviseable not to let anyone know you have the gun. Word will be out and the tigures will attempt to get it. One way or another.
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Not true. I killed a punk that had a Machete with my Glock. Self defense, and I got my gun back also.
 
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AZB

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SKY said:
Not true. I killed a punk that had a Machete with my Glock. Self defense, and I got my gun back also.
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i am happy you came out ahead. punk gets to see the grave. good work.
AZB
 
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