77 Year Old Montana Man Shoots 22 Year Old Home Invader in the Chest

September 21 2013
by GSL Staff
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Incident at a Glance
Gun(s) Used: Unknown Location:
# of Suspects: Shots Fired:
Suspect Killed: State:
Source: missoulian.com Archive: WebCite.org

Stock Gun Photo - s&w_mod29_blu

In recent weeks we’ve seen many people claiming that “real men” don’t need guns and “the only people who carry guns are afraid to fight with their hands”.

This story shows how ludicrous statements like that are. How are the elderly or physically disabled supposed to be able to defend themselves against assailants, who are often armed themselves.

In this case, an elderly homeowner leveled the playing field against a younger, stronger, faster home invader.

It appears the homeowner acted well within his self defense rights.

Here is Montana’s home defense related code section.

Montana Code Annotated 45-3-103: (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person’s unlawful entry into or attack upon an occupied structure.

(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:

(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or

(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

According to The Missoulian,

When police arrived at the scene, they found a 22-year-old Missoula man with a gunshot wound to the torso, said Sgt. Jake Rosling.

The wounded man was taken to St. Patrick Hospital, where he is in serious condition.

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