Self defence without license?

[Dylanm]

I have an 18 year old brother staying in Rustenburg with my parents. He is very comfortable with a a firearm in his hand as we (the whole family) have been around firearms since a young age. We have been drilled on firearm safety/law and tactics at the range for many years.
Now the real threat has been brought forward.
My father (licensed firearm owner and instructor) has taken up a job in Tanzania and therefore left his firearms at home in the care of my mother and brother. My mother has gone for a week long holiday with my aunt.

On Tuesday 3:00am, 3 suspects entered the property and they tripped the outdoor security system so as to get a response from any person inside the house. My brother awoke from the buzzer in the bedroom (silent alarm) and reset the alarm to check if it might be a false alarm. When the alarm (same zone) tripped again he knew something smelled fishy and armed himself up with my fathers CZ. The neighbor was notified and after a few loud bellows the suspects took flight and dissapeared.
This morning at 3:00am the same thing happened but this time there where 4 suspects. This is really dodgy as this time they closed the gate behind them as if they where intent on staying. was the 4th guy in possession of a firearm?

My question is: If these suspects (if armed) had to break into the house while my brother was there and threaten him with violence and he defended himself by shooting and killing/maiming a few what would happen.
What does the law pertain in terms of using a firearm not licensed to you for your own defense?

[christo]

My opinion only. Defend yourself with any means possible, and face the music after words. There is nothing more higher than the value of life. If it is threaten defend it and fight it in court....

[Glocky]

If your brother uses this FA your dad will be in trouble , The LAW states no one ells must have access to your safe and firearm when its not on your person. With this said I will rather fight that in court than in the grave yard.

Let your brother apply ASAP for he's own weapon problem solved

[Scuba Steve]

If your brother uses this FA your dad will be in trouble , The LAW states no one ells must have access to your safe and firearm when its not on your person. With this said I will rather fight that in court than in the grave yard.

Agreed, but the law also says you are entitled to protect yourself by any means neccessary to defend your life. What is the difference if he wrestles an AK out of the hand of the BG or uses his dads gun?

legal eagles?

[Dylanm]

What would be the consequences of firing warning shots to deter them from going on with the crime?

[G-force]

Good question posed here.I agree that maybe the father would have big trouble but rather that than a dead son.Shoot the terrorists and then fight it in court where at least your life is not in danger.

[Brendank]

What would be the consequences of firing warning shots to deter them from going on with the crime?

You may defend yourself by any means possible, if your life is in imminent danger.

I would however not fire a warning shot, although I doubt much would come of it from a legal perspective. Firing a warning shot lets the bg's know you're armed, which is never good.

[Glocky]

What would be the consequences of firing warning shots to deter them from going on with the crime?

You will be charged with firing a weapon in build up area.

yet again rather this than be dead.

As stated ells where on the site the justice system that is not funtioning
can be beneficial to us too.

My father in law put 10 rounds into suspected hi jackers car about 2 years ago and he was supposed to go to court when he enquired the docket was gone and nohting happened since ,

Lucky for him thet did not take he's FA on the night it happened

[SSP]

Having a licence or not has nothing to do with self defence and whether or not a killing is justifiable homicide.

Strictly access to the gun needs either the presence or co-operation of the licence holder. So you phone him and he tells you where the key is hidden.

In addition, I think, and I point out that I am not a criminal specialist, that the common law defence of necessity may be available. It seems unlikely that a court would convict someone of infringing a regulation if that infringement was necessary to save a life.

For instance, a court would probably not convict someone of contravening sections of the RTA if they went through a red light on the way to a hospital driving a stabbed friend or whatever.

Such a conviction would, in my view, be so offensive to public morals that it would not stand.

Deal with the immediate life-threatening problem at hand properly first and deal with the non life threatening problem later.

I recall, some time back, a young boy grabbing his dads blaster and shooting at a criminal and there were no repercussions against the father.

---------- Post added at 09:39 ---------- Previous post was at 09:20 ----------

What would be the consequences of firing warning shots to deter them from going on with the crime?

Warning shots are dangerous, and a waste of time and ammunition.

[DS]

Good post SSP