Shooting intruder..

[StampMaster]

Hello All,

Best wishes on Republic Day. Just returned back from a holiday. And currently in my home town for the weekend. I visited by farm today as usual and came to know that the farm next to mine was robbed 3 days ago by 8-10 people, with sticks and knifes. And this has happened in the evening around 7pm .

My distinct neighbors have arms license too. To my knowledge they have it under crop protection. I had also faced situations where I have seen/heard them firing. And a few instance they have entered our property with guns on display. And I had warned them for entering private land without prior intimation/permission and for carrying fire arms in our property. I do not expect they would use their arms for illegal purpose, but could not guarantee or neglect them as they deal in preparation of illicit cheap liquor (gudumba in hyderabadi language or saara in local language)

Now I am worried as I am leaving back to Hyderabad for work and my parents will be left alone. Would there be any legal problem for using a fire arm by a person who is not a licensee (say my father, friend or worker using it for self-defense or protection of property)? My dad is pro in shooting and he would manage to scare or even shoot if required.

[Anand]

Whether a person has used a firearm for defence or not will have to be investigated by the Police and the judgement will be made by the Courts. The person will most likely be arrested and charged for injuring/ killing with a firearm and if he is not a licensee, then for doing the above with a firearm for which he is not a licensee. The case will drag on in Court for many years, and the person will likely be kept in custody for the duration that a judgement is passed.

Now, a judge may observe that the person, while he himself is not be a licensee, but has used the licensed firearm of a relative belonging to the same household and give a favourable judgement of self defence, if a proper forensic investigation is conducted and reported without favour or prejudice! Or he may not, who knows ? In India anything can happen!!
Regards,
Anand

[Vikram]

Correct me if I am wrong, a retainer letter can be given to a person within the family by the license holder and hence can be legally used by that retainer.

The circumstances of the incident will decide whether the shooter will be charged. If it is a life and death situation, I do think that it is worthwhile to remember the cliché that it is better to be judged in the court than be carried in a box and act accordingly. What is important? Your and yours lives or avoiding the possibility of defending yourself in the courts? One has to deal with that thought and make a decision.JMHO.

Best-
Vikram

[StampMaster]

Thanks for the replies. I found a similar post on IFG - http://indiansforguns.com/viewtopic.php?f=4&t=8521 which help me understand a little better.

However, in the situation I am in...a gang of robbers (peasants, labours etc) from the villages plan the robbery and invade with sticks, knifes etc (haven't heard or seen these people using guns). As said above in the post, they have looted electrical appliances (tube light, fan, tv etc.) from the neighbours house last week and bashed the watchman. So you can imagine how long these robbers would have stayed in the house for instillation.

Such incidents have been reduced for for last 3-5 years due to cell phone network availability. But not rare enough to avoid preparation and maintain security and self defence.