Thread: Castle Doctrine

Originally Posted by gunnut

um...what does blue on the map mean?

Fixed.

Originally Posted by Ironduke

Fixed.

Ah OK

Nevada, Arkansas, and Wisconsin don't have castle doctrine? While California, New York, and Illinois do? I think I need to lie down for this one.

Originally Posted by DaveinCoalinga

The intruder gives up their rights when they enter the other person's home.

An intruder deserves no rights, while technically, legally you are innocent until proven guilty by a court of law the fact is law abiding citizens have less rights than thugs.

In some states, the maximum limit of protecting one's self and property has some problems but are understandable.

For example, one person was convicted of "over protecting" his property when he set up a shotgun with a trip wire to shoot whoever it was that was stealing his tools, belongings, etc. while he was away at work. In California, at least, it is against the law to set up such "Booby Traps" which makes sense as you might kill a relative or friend by mistake.

But up in Saugus, California there was a case of a man who shot an intruder and the judge found him guilty of murder. The judge stated that since the home owner had an avenue of escape through another door, he was unjustified to shoot the intruder. The judge also was quoted as saying, "A home is not a man's Castle."

In other words, he was saying that if you are confronted by an intruder (regardless of the severity of the intrusion) you are to turn tail and run away and let the intruder rob you of everything you own.

Needless to say, the ruling got overturned in a higher court and the judge did not win his seat at the next election.

There are also restrictions in California where you can only open fire on an intruder AFTER he FORCES his way into your home. If the door was unlocked, then he did not FORCE his way in and the homeowner becomes the criminal.

Also, if there is no evidence of the intruder having a deadly weapon or his mannersisms do not display violence, you are not allowed to shoot him. Just call the Police and they should get there sometime that night after their doughnut break.

Also, you are not allowed to shoot anyone who is MERELY trespassing on your property. Well, this makes some sense as it could be a neighbor looking for his lost dog or cat, a gas meter reader, a cable company employee stringing extra or replacement cables for your TV, etc.

On the other hand, if the trespasser is armed and threatening you or a neighbor, that may be a different story.

A case in point is when my Aunt lived up in Pocoima, CA. Her husband worked at night and she was alone with 3 small children. There was a rash of intrusions throughout the neighborhood of a man forcing his way into homes of single women and raping them or attempting to rape them. What times he was seen indicated he was a former soldier or gymnast as he could run down the tops of concrete block walls without missing a step and would do single motion "combat" style leaps over the chain link fences around the flood control channel.

The local police had a meeting with several of the women who were alone at night. They told them to get a gun. If they didn't know how to use one, they would provide them with training.

Also, they said don't wait until he gets in the house. As soon as he jumps off the back wall and charges toward the door, shoot him down. Then call some of the other neighbors to drag his body half way across the door sill. Then call the police.

At least that division of the LAPD had some common sense.