Your Gun and Your Rights, Homeowner Holds Burglary Suspect At Gunpoint

In the middle of the night, Barb Haley made a split second decision.

"I said no, I said I have, I have a gun and I will shoot you," said Haley.

After hearing a noise, just after 3:00 a.m. she and her mixed pit bull Dozer found stranger, Jody Kudlacz, 24, in her home.

"Two hands that were coming out of the closet and he said, please don't hurt me, please don't hurt me," said Haley.

But Haley wasn't taking any chances, pointing a loaded 45 at Kudlacz, she told him to stay put.

"Right here, I just had my gun like this and I was just pointing my gun at him, I just kept on telling him stop talking to me, quit talking," said Haley.

With a gun in one hand pointing at Kudlacz, she called police. Kudlacz was taken into custody shortly after.

Overall, it was a scary situation that brings up an important question, does a person have the right to hold someone at gunpoint?

The answer is yes and it is called confinement. In the situation where someone has illegally come inside a person's home or workplace, that person can hold the intruder by force until police get there.

The next question is, when do you have the right to shoot?

"If someone breaks into your home and you are afraid for your life, deadly force could be used," said James Schaefer, attorney.

Fortunately, Haley didn't have to shoot, but said if he tried anything to harm her she would have.

"When you are alone and with... you just think OK, just survival, it is survival," said Haley.

Under Nebraska Statute, a person can only use deadly force if a person tries to assault, sexually assault or cause them or anyone they see serious bodily injury.


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