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abalone hunter
04-16-2009, 9:21 PM
who is for the castle law in Calif?

El Gato
04-16-2009, 9:25 PM
who is for the castle law in Calif?

Here's what we already have:

198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant
or substantial physical injury.



199. The homicide appearing to be justifiable or excusable, the
person indicted must, upon his trial, be fully acquitted and
discharged.

cineski
04-17-2009, 9:39 AM
Is that saying someone breaking (but before they actually attack) into my home while I'm there has a full right to a .45 slug in his chest?

Untamed1972
04-17-2009, 9:43 AM
Is that saying someone breaking (but before they actually attack) into my home while I'm there has a full right to a .45 slug in his chest?

Yes....or even 2 or 3 if you're fast enough on the trigger!! :62:

PatriotnMore
04-17-2009, 9:58 AM
who is for the castle law in Calif?

I am all for it. Many States have it, I see it as a basic principal and right to self defense. Your home is your castle, as is when in your car. You have every right to defend and protect it, and yourself from harm.

There was a time when, if you were on someones property uninvited, you better tread lightly, if asked to leave, you better make tracks out of there, or risk your life. Even when I was a kid here in O.C., we were fearful of getting shot with rock salt if you were in an Orange, or Avocado grove without consent.

I am not sure it ever happened, but it was enough of a threat not to mess around on someones property without permission. Moreover, if you did not have permission, and got yelled at, you would be running at flank speed to get out of there.

Edit to add: Castle Doctrine does not mean an automatic death sentence, what it says is, you have the right to defend yourself, and property from others, and remove anyone not welcome, which include physically removing, or defending ones self. You should not have to call a cop to remove someone from your residence you don't want there. If you're asked to stop damaging behavior, or asked to leave, leave, or suffer the consequences.

WyoDuner
04-17-2009, 10:32 AM
Castle Doctrine or not - you better have a VERY good explanation of why you shot and killed/injured somebody who broke into your home.

Castle Doctrine expands upon the right to protect yourself in 2 important ways.

1 - It extends your "castle" to your car. If you are IN your car and are attacked it is essentially the same as being attacked in your home.

2 - Very Important; It protects you from CIVIL prosecution from the scumbag you shot or the family if the scumbag you killed. In other words, they can't sue you successfully if you were justified in the shooting.

cineski
04-17-2009, 11:07 AM
However, you can't have a loaded firearm in your car.

DDT
04-17-2009, 12:15 PM
However, you can't have a loaded firearm in your car.

Immediate fear for your life or gross bodily harm is an affirmative defense to having a loaded firearm in your car, or concealed in general.

The protection from civil prosecution if not found legally liable is the most important thing. There are 2 reasons this is important. As OJ can attest, the standards of evidence for a civil verdict of liability is much lower than for criminal verdict of guilty. Second; even if you are iron-clad not responsible you would still end up spending buckets of money to defend yourself.

Rivers
04-17-2009, 12:27 PM
However, you can't have a loaded firearm in your car.

Unless you have a CCW. Some in CA actually meet that legal standard.

Flopper
04-17-2009, 12:55 PM
Castle Doctrine or not - you better have a VERY good explanation of why you shot and killed/injured somebody who broke into your home.

no, you don't. if they're not a relative and they're uninivited, the pc states that it's presumed that the intruder means to cause great bodily harm or death, and you are therefore justified to use deadly force.

Shane916
04-17-2009, 2:56 PM
no, you don't. if they're not a relative and they're uninivited, the pc states that it's presumed that the intruder means to cause great bodily harm or death, and you are therefore justified to use deadly force.

It's a case by case basis. For instance, someone who is in a dwelling, unarmed and fleeing or attempting to flee is no longer an imminent threat.

supersonic
04-17-2009, 3:13 PM
SERIOUSLY??????? OF COURSE!!! YES!!!!!!!!:rofl2::rofl2::rofl2:

pat038536
04-17-2009, 3:53 PM
However, you can't have a loaded firearm in your car.

What if a motor home is your primary and only residence? Can it be loaded and concealed then?

Librarian
04-17-2009, 4:32 PM
What if a motor home is your primary and only residence? Can it be loaded and concealed then?
Only when parked, in an area where guns would be allowed. You might have a problem parked in a school parking lot, for example.

Moving, you're a vehicle, not a home.

dustoff31
04-17-2009, 5:53 PM
no, you don't. if they're not a relative and they're uninivited, the pc states that it's presumed that the intruder means to cause great bodily harm or death, and you are therefore justified to use deadly force.

It does not mean however that you will not have your life ruined and be driven into bankruptcy by lawyers trying to prove otherwise. That's why the civil immunity is so important.