The home invader wouldn’t need to have fired, just breaking into the home would have justified firing.
Via Bearing Arms:
When five people attempt to invade your home, and the first one in the door pulls a pistol and apparently fires a shot, what should you do?
Most sane people would attempt to defend themselves with their own firearms, but Suffolk County, NY prosecutors are now charging a man with manslaughter for doing just that:
A Huntington Station man has been indicted on manslaughter charges for shooting an alleged home burglar who later died, but his attorney says it’s a clear case of self-defense.
Youssef Abdel-Gawad says a man with a gun was attempting to break into his Huntington Station home back in August. His family shared surveillance video of the incident with News 12 Long Island, and in it, the alleged burglar is seen trying to enter a door. The burglar then pulls out a gun, and a flash is seen that appears to be the burglar firing a shot into the home.
Youssef Abdel-Gawad’s attorney says he came to the door with a rifle and returned fire at the burglar and his alleged accomplices, striking one of them. The accomplice later died.
HT: Adam Smith