Stand your ground law?

[Oni562]

Can someone please explain the stand your ground law. I am hearing 2 different answer and both arguments are on both ends of the spectrum.

[delta9]

What are the 2 different answers you received and who were they from?

[S470FM]

stand your ground law/Castle Doctrine doesn't exist in CA.

it basically says that you can shoot/kill a person on your property that you view as a threat. AZ, TX, FL and other states have it.

basically, if someone breaks into your home in CA you, as a victim, cannot defend your personal property or life unless you are in imminent danger--and the burden of proof is on your shoulders, not the offending party.

[67goat]

Stand your ground laws and castle doctrine are not the same thing (although some castle doctrine laws incorporate stand your ground).

Many states say that use of deadly force for self defense is only permissible if you make every attempt to avoid the conflict or retreat. Simply put, stand your ground removes the duty to retreat. It is not necessarily limited to your home.

Castle doctrine is usually only applied to your home (or buildings) not open property. California actually does have castle laws on the books (PC 198.5). In most cases, castle laws cannot be used to protect property specifically, though they do often state that a person that breaks into a home can be assumed to be a physical threat.

[dustoff31]

Many states say that use of deadly force for self defense is only permissible if you make every attempt to avoid the conflict or retreat. Simply put, stand your ground removes the duty to retreat. It is not necessarily limited to your home.

Correct. The SYG law (in AZ at least) says that one may use deadly force in self defense in any place they have a right to be, and have no duty to retreat. The use of deadly or any force, must of course be justified by the circumstances.

[09rubicon]

As stated above, Cali does have a loose castle law. California also has no law that says you must retreat. Best way to think about it is outside your home call the police, inside your home defend yourself. I am sure some of the more legal smart individuals here will break it down, but if you use common sense in most cases (except LA and SF) you will be fine.

[negolien]

yup

stand your ground law/Castle Doctrine doesn't exist in CA.

it basically says that you can shoot/kill a person on your property that you view as a threat. AZ, TX, FL and other states have it.

basically, if someone breaks into your home in CA you, as a victim, cannot defend your personal property or life unless you are in imminent danger--and the burden of proof is on your shoulders, not the offending party.

I concur Sir. California says that you must be in fear of great bodily injury or death. There is some grey area when a person encounters a group of bad guys as opposed to a single threat though. As a matter of fact this topic was just covered on the Outdoor Channels Best Defense. To be honest the scenario was almost identical to the Florida shooting.

[Fritz265]

[JDay]

stand your ground law/Castle Doctrine doesn't exist in CA.

Yes it does. In fact the Penal Code has Castle Doctrine written into it.

http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s198.5

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.

We do not have a stand your ground law though but there is no duty to retreat if you are inside your home.

[Fritz265]

Yes it does. In fact the Penal Code has Castle Doctrine written into it.

http://codes.lp.findlaw.com/cacode/PEN/3/1/8/1/s198.5

We do not have a stand your ground law though but there is no duty to retreat if you are inside your home.

True, but legal precedent in CA has been very critical of those who've decided to use any form of deadly force when they've had the opportunity to retreat, in fact, there's plenty of case law where perpetrators who've survived the use of deadly force by homeowners have won civil suits for pain and suffering. Shocking but true.

Like they say, a dead man can't testify against you.

[Arondos]

True, but legal precedent in CA has been very critical of those who've decided to use any form of deadly force when they've had the opportunity to retreat, in fact, there's plenty of case law where perpetrators who've survived the use of deadly force by homeowners have won civil suits for pain and suffering. Shocking but true.

Like they say, a dead man can't testify against you.

Civil court maybe. But please show me the cases where a homeowner who shoots an intruder who broke in has been charged and convicted or I am going to wave the BS flag, FUD or whatever else you choose to call it.

[negolien]

I agree that you need to be in fear of great bodily or death. Though if someones breaking into your house who wouldn't be lol.

[the86d]

If someone is coming at a resident standing in their doorway with a TV in a non-resident's hands, the resident certainly does not want it thrown at them... some may perceive this as a threat to their life, and if a non-resident were to turn, drop a TV, and bolt toward a knife-block in the kitchen...

Even if an intruder has just an E-tool in their hand, you don't know if they are E-tool qual'd.

[dwtt]

Civil court maybe. But please show me the cases where a homeowner who shoots an intruder who broke in has been charged and convicted or I am going to wave the BS flag, FUD or whatever else you choose to call it.

Relax, there are a lot of people on the internet who don't know what they are talking about and sometimes make up stuff. CA has a good castle doctrine law thanks to the NRA, which many people don't seem to realize. Add this to the list of stuff the NRA has done for CA gun owners.

[Sir Stunna Lot]

Cali, over all has very good self defense laws compared to some other states. We have something similar to a castle doctrine and we are not forced to retreat, implying a semi-stand your ground option.

As with any self defense shooting situation, either at home or not, the results can vary greatly depending on the CIRCUMSTANCE. For self defense shooting at home, ive read cases where homeowners are either found guilty or no charged filed; same with self defense outside the home, there have been cases where the self defense shooters are both innoncent or guilty, once again it depends on the circumstance.

Any one who decides to use a firearm for personal defense, regardless for home or outside (laws are the same), must be very familiar with Cali's self defense with a deadly weapons laws/concepts:
- Deadly force can only be used in IMMINENT danger to self or someone else, when fearing death or great bodily harm
- The use of deadly force must STOP when the threat is OVER
- The person claiming self defense must not be the AGRESSOR nor ESCALATE the situation.
- Must be able to articulate the ABILITY, OPPORTUNITY, and INTENTION of the attacker in which deadly force was used against.

These are the key elements that all gun owners need to fully understand in order to minimize legal/civil repercussion when using a gun for self defense. For each of the topics mentioned above, there are entire books dedicated to them, do yourself a favor and do some personal research.