Castle doctrine

Discussion in 'Legal and Activism' started by gwk4667, Jan 5, 2012.

  1. gwk4667

    gwk4667 New Member

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  2. texaswoodworker

    texaswoodworker New Member

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    Nope, I live in the Great State of Texas where it is legal to shoot intruders. I believe it is also legal to shoot someone just for trespassing on your land, but that is not something I would shoot someone over unless they were endangering someone. Glad to hear that her and her baby is safe. I call that a happy ending.
     

  3. winds-of-change

    winds-of-change The Balota's Staff Member

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    I don't beleive this young Mother would have been arrested in most states. The intruder was coming at her with a knife. She was being approached with 'deadly force' and I believe she had every right to shoot. Isn't the "Castle Doctrine" giving one the right to shoot any intruder or trespasser? Deadly force puts this on a whole new level.

    And I agree with Texas. I would not shoot a trespasser simply for trespassing........unless someone was in danger.
     
  4. alsaqr

    alsaqr Well-Known Member Supporter

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    The OK law came into effect in 1987. A Tulsa dentist killed a home invader. An ambulance chasing Tulsa lawyer went to the family of the late perp and talked them into suing the dentist. This really po'd a member of the OK legislature named Ford: Ford put together the castle doctrine bill and it was passed by the OK legislature. Our governor signed the bill into law.

    Since the OK "make my day law" went into effect there have been numerous righteous home invasion shootings in OK: No one has ever collected a dime in a civil lawsuit related to a righteous shooting. Judges throw most of these civil suits out of court.
     
  5. Paladin201

    Paladin201 New Member

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    I can only speak to the laws here in Missouri, which underwent a huge change in 2007, during the short time we were graced with a republican governor. Before the passage of the Castle Doctrine here, our law was really restrictive on the use of deadly force. First, the law required that you retreat. You could not defend yourself unless you had no other option. You were required to run away first, and escape if at all possible. If an intruder kicked in your front door, and the back door was accessible, you had to retreat. Never mind if you were in your night clothes and its 20 below outside. If there was a way out, the law required you to take it. Secondly, the law stated that you had to prove that the intruder actually intended to kill you or cause great bodily harm. If you shot a bad guy and he survived to tell the police "I wasn't going to hurt them, I was just going to rob them", you'd find yourself behind bars. So, with the old law, the woman from OK could certainly have been prosecuted. Whether she actually would have would be up to prosecuting attorney in the particular jurisdiction. However, St. Louis County, where I live is very hostile to gun owners, so I'm guessing if it happened here, she would have been in trouble under the old law.

    Now, with the Castle Doctrine, you are not required to retreat. You can stand your ground and defend yourself and your family. And the simple presence of an intruder in your home presumes intent to do harm, allowing you to shoot an intruder without warning. Now, you do have to temper that with some common sense. My CCW instructor was a retired lawyer, and he said if you heard a noise and went up the hall to find some guy in the process of carrying your TV out the front door, if you shoot him in the back, you may face some legal problems, Castle Doctrine or not. So if the OK events happened here now, no problem. The lady would be well within her rights.

    Oh, and our castle doctrine specifically states that you cannot be sued in civil court due to any injury or damage resulting from a justifiable shooting.
     
    Last edited: Jan 5, 2012
  6. texaswoodworker

    texaswoodworker New Member

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    I believe that is true here too. You can shoot anybody (and I do mean anybody. Some nutjob around houston shot (I think she survived) a very young trick or treater for trespassing on his property. He was legally justified, though he is now concidered a major jackass.:mad:) as long as you do not shoot them in the back.
     
  7. fisher79

    fisher79 New Member

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    I'm in texas to and if you break in my house with my children there you ain't gonna make it back out! Prison or not.
     
  8. fisher79

    fisher79 New Member

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    Woodworker you are correct that guy is a jackass a little trick-or-treater that's horrible. Must have been scared of zombies:moron:
     
  9. JonM

    JonM Moderator

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    A common misconception about castle laws is that you can shoot anyone just because they are in your home. What castle law is, is a presumption of innocence if a home owner uses lethal force for self defense against an unlawful intruder.

    Thats a big difference.

    The shooting still has to rise to the level of self defense or defense of others. You cant just shoot your neighbor who just stepped in the door to say hello because he is in your house.

    The main purpose of most castle doctrine laws is it shifts the onus from the homeowner proving it was self defense to the prosecution proving it wasnt. Second part of most laws is if a shooting is found justified prevents the goblin or its relatives from suing the victim for damages caused by the goblin.

    There is no free pass in any state to just blast the crap out of anyone you feel likethat steps in your door regardless of what the media claims
     
    Last edited: Jan 5, 2012
  10. downsouth

    downsouth New Member

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    I thought this would be useful in this thread

    downloadfile-12.jpeg
     
  11. SSGSF

    SSGSF New Member

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    This what I am going to use instead of a gun

    image-3909799408.jpg
     
  12. johnney

    johnney New Member

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    It would be nice if the blood suckers wouldnt chase and champion for the bad guys. Never a thought for victims I guess? But I guess this is America, and they can make money on either side of the fence, to hell with what they look like.
    But why would we need something like the castle doctrine? Why should some douche bag court be able to decide how I protect me and mine?
     
  13. Magnum27

    Magnum27 New Member

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    So I live in the crap state of IL, however my understanding is that we would be OK - is that correct?
     
  14. BelRockRebel

    BelRockRebel New Member

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    Even in our embarrasing state of IL, we still can defend our families in our home. Just make sure the BG is past the threshold of your entry door. If you shoot him and he lands on the outside of your entry, better pull him over the threshold or you will know doubt be having to do some explaining!

    Sent by BelRockRebel on the DROID RAZR using FirearmsTalk
     
  15. johnney

    johnney New Member

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    If you kill them from the front and stick to your story ...lol
     
  16. Pasquanel

    Pasquanel Proud to be an American Supporter

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    I believe NH just joined the ranks.
     
  17. firedawg60

    firedawg60 New Member

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    We're good to go in Kansas!!
     
  18. ktmboyz

    ktmboyz New Member

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    Castle Doctrine pretty much means you do not have to retreat when in your castle ( dwelling ) you have the right to stand your ground and defend yourself if you feel your life or someone else is in grave danger.
     
  19. winds-of-change

    winds-of-change The Balota's Staff Member

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    The State of Illinois must be kept separate from "Cook County" or "The City of Chicago". The gun rules where I live in DeKalb County are very different from those in Cook County or Chicago.
     
  20. Pegasus55

    Pegasus55 New Member

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    Hey Downsouth .... need to color in Wisconsin now !!!!

    Thursday, December 08, 2011


    Yesterday, Governor Scott Walker signed into law important self-defense legislation for the citizens of Wisconsin. Commonly known as the “Castle Doctrine,” Assembly Bill 69 will provide essential protections for law-abiding citizens who defend themselves and their families from a criminal looking to do them harm. This new law took effect immediately.

    “Castle Doctrine” establishes the presumption that an individual who forcibly enters one’s home, business or occupied motor vehicle is there to cause death or great bodily harm, and allows the use of force, including deadly force, against that person. This bill also eliminates any “duty to retreat” so that law-abiding citizens no longer must turn their back on a criminal and try to run when attacked.

    Finally, AB 69 provides that any person who uses force, authorized by law, shall not be prosecuted for using such force and also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them. In short, it restores rights to law-abiding people and forces judges and prosecutors to focus on protecting victims.

    Please contact Governor Walker at govgeneral@wisconsin.gov to thank him for signing Assembly Bill 69 into law and the right to self-defense for Wisconsinites.


    Thanks again Gov. Walker !!!!!!!:D (need a animated clap icon)