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An if the intruder had no weapon I would hope that you would spend the rest of your years rotting in a cell.
planting a weapon is stupid. and illegal, and will make things worse. If someone breaks into your home at night, almost all DAs and juries will presume that the person illegally entering the home is there to harm people. IT is a rational assumption that a home is most likely to be occupied in the night. So if someone comes into your home in the wee hours of the morning or after dark and you shoot them its most likely a good shoot.