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Friday, December 3, 2010

Response to Castle Doctrine Laws by State

Original post "Castle Doctrine Laws by State" was written by Seeker2012

This is only one response by member okie B to an original post. I highly recommend that after reading this reply you follow the link below and read the entire string. It is very informative in what you can and can not do in protecting your home against intruders.

Posted by: okie B

Almost every state goes one of those two directions -- duty to retreat, or right to stand your ground. Here in Oklahoma, they recognized the right to stand your ground in your own house quite a while ago with the Make-My-Day law, but they have since expanded it to include your place of business and vehicle as well.

It never hurts to remind people though -- just because your state's castle laws include a right to stand your ground, that does not mean you have the right to shoot just anyone on your property. Even if that particular statute for your state says that there is a presumption that you are acting in self-defense (like Oklahoma's law does), presumptions can be overcome or negated by a stronger presumption. And the word presumption does not mean quite the same thing in law that it means in everyday usage. It has specific legal connatations and implications, but the overall meaning is similar to regular use. As a general rule, even if your state has pro-homeowner castle laws, you must believe that you are in immediate danger in your home from an intruder who is not legally supposed to be there. That is a very loaded sentence, and if all of those factors are not in place, you run the risk of a murder charge or a manslaughter charge instead of protection under the castle laws. If you shoot a government agent who is allowed to come on your property, you're in trouble. If you shoot a police officer serving a warrant, you're in trouble. If someone breaks in, you tell him to halt, he does, and you ask him questions before you shoot him, you're in trouble. If a four-year old is crawling in your window and you shoot him, you're most likely in trouble (although not for certain). If someone breaks into your shed, and you go out and confront him and shoot him, you're in trouble. If someone climbs your fence and crosses your yard, but does not try to break into your house, and you shoot him, you're in trouble. If you set up a booby trap to kill or injure someone who tries to break into your house while you are gone, you're in trouble.

These laws are meant for self-defense protection only. They are not meant to protect property. They are not meant to be self-help solutions in any instance except a him-or-me situation brought on by someone else's wrongdoing. PLEASE do not think these laws are a permission to start shooting people.

Please follow the link below to read and respond to original post and all of the replies:
http://www.americanpreppersnetwork.net/viewtopic.php?f=188&t=6353

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