Defensive Shooting in California: No Charges Filed

by Tommy Grant

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They say breaking up can be hard to do, especially when some guys don’t take rejection well. Of course, when the new boyfriend has a gun, it’s probably wise not to go full-on Stalkerville and definitely don’t show up “inside” the ex-girlfriend’s or her boyfriend’s home attacking one of them. That seems to be what played out at one Carmichael, California, apartment over the weekend where despite onerous gun laws, citizens can apparently still defend themselves.

A man who shot and killed an intruder in his apartment in the early morning hours of Sunday will not face charges, according to the Sacramento County Sheriff’s Office. The incident occurred at the Sutter Crossing Apartments on Sutter Avenue in Carmichael CBS News 13 is reporting.

Deputies responded to a distress call around 2 a.m. from a man reporting that he had shot someone who had broken into his bedroom and assaulted him while he was asleep. Upon arrival, law enforcement found the intruder deceased at the scene.

Sergeant Amar Gandhi of the Sacramento County Sheriff’s Office provided further details during a press briefing. 

“The caller reported that a person entered his bedroom and attacked him. In response, he retrieved a firearm and shot the intruder,” Gandhi stated.

The deceased was identified by a woman present at the scene as her ex-boyfriend. The shooter, her current boyfriend, legally owned the firearm used in the incident. 

“The new boyfriend had a gun, legally obtained and registered to him, and shot the ex-boyfriend,” Gandhi confirmed with the news station.

Both the shooter and the woman are cooperating fully with the investigation. Preliminary findings led investigators to determine that the shooting was an act of self-defense. 

“If this gentleman was presented with a lethal threat that he did not trigger in any way, then he’s entitled to defend himself and kill that intruder,” local attorney Michael Wise told CBS News 13.

Wise elaborated on California’s self-defense laws, highlighting the protections afforded to individuals within their homes. He noted that while the use of deadly force is justifiable in such scenarios, there are legal nuances regarding firearm possession. 

“Ironically, you can still be charged for illegal possession of a firearm if you’re not allowed to possess one, but the actual use of deadly force to defend yourself is still justified even if you use a weapon that is not registered in California or if you’re not allowed to possess one,” Wise told the station.

Authorities have not disclosed whether the ex-boyfriend had a history of violence towards the woman. The investigation remains ongoing, but no arrests have been made at this time.

The Sacramento County Sheriff’s Office has yet to release the identity of the deceased.

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Read the full article here

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