homeowner violence?

[marcinstl]

http://www.stltoday.com/news/local/crime-and-courts/e843f093-226e-57a0-a8ed-ebaf141b5ad7.html
"Under the castle doctrine, people who encounter an intruder in their homes or vehicles — or on their property, under a more recent expansion of the law — are given more leeway in using deadly force. The law allows you to use that force without fear of being charged or sued.
In recent years, homeowners who shot intruders have avoided prosecution and, in cases where the suspect survived, the suspect is the one who was charged with a crime. Or in one case, the dead burglar's accomplice was charged."

[berettabone]

and??????????????????

[JohnR]

That's pretty much how it is in Florida. If you enter my house and I fear bodily harm or death, you're toast.

[marcinstl]

Missouri 563.031 says, "Extends to any building, inhabitable structure, or conveyance of any kind, whether the building, inhabitable structure, or conveyance is temporary or permanent, mobile or immobile (e.g., a camper, RV or mobile home), which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night, whether the person is residing there temporarily, permanently or visiting (e.g., a hotel or motel), and any vehicle. The defense against civil suits is absolute and includes the award of attorney's fees, court costs, and all reasonable expenses incurred by the defendant in defense of any civil action brought by a plaintiff."

that last part about the dead robber/rapists/murderer's family trying to sue the homeowner is very important. check your state laws.

[Longitude Zero]

In OK it does not matter if the homes resident fears for their lives. The mere fact you are inside without invite makes you eligible for a dirt nap. Also the Self Defense act was modified now a person can shot the assailant of "any person". Basically anybody can drop anybody else who is harming any other person. So if you see some stranger being victimized you can take immediate and appropriate action.

[berettabone]

Have the Castle Doctrine in my state...........................may keep you from being charged, but nothing stops you from being sued, if they have the inclination to do so.

[hardluk1]

Seems like common sense and already the law in many states for years. Guess IL is play'n catch up !

[Bawanna]

Please use careful discretion boys and girls. Remember your dealing with lawyers, so nothing is absolute.

[Longitude Zero]

Have the Castle Doctrine in my state...........................may keep you from being charged, but nothing stops you from being sued, if they have the inclination to do so.

In Oklahoma, my home state we too have the Castle Doctrine along with Stand Your Ground statutes, if the District Attorney determines the shooting is justified you are IMMUNE from lawsuits. The legislators have been eating away at prosecutorial discretion in self defense cases to neuter the DA's as much as possible. Every year new language is added to further restrict when DA's can file charges. Pretty much now the DA almost has to have Proof Beyond All Doubt in order to file in a self defense shooting case.

[knkali]

Here in Kalifornia, we have the C and D doctrine. If an intruder is in your house your are obligated to offer him a Danish and a cup of coffee. Of course that is with a non dairy creamer because he could be is lactose intolerant. Also a low carb alternative should be readily available should he be diabetic. Then if you still feel the need to shoot him, you are to call an attorney and provide a full financial disclosure before any trigger is pulled. If you make under $32K adjusted net income per year, you cannot shoot and must surrender your wife and children to him in lieu of any potential litigation awards.

[ced_56]

Here in Kalifornia, we have the C and D doctrine. If an intruder is in your house your are obligated to offer him a Danish and a cup of coffee. Of course that is with a non dairy creamer because he could be is lactose intolerant. Also a low carb alternative should be readily available should he be diabetic. Then if you still feel the need to shoot him, you are to call an attorney and provide a full financial disclosure before any trigger is pulled. If you make under $32K adjusted net income per year, you cannot shoot and must surrender your wife and children to him in lieu of any potential litigation awards.

Don't joke like that. What if Boxer intercepts this and decides that this is a good idea.

[Bawanna]

I'm sure it's already on the drawing board. Think up the stupidest possible thing you can think up and TOO LATE, kalifornia done thunk of it.

[marshal kane]

Here in Kalifornia, we have the C and D doctrine. If an intruder is in your house your are obligated to offer him a Danish and a cup of coffee. Of course that is with a non dairy creamer because he could be is lactose intolerant. Also a low carb alternative should be readily available should he be diabetic. Then if you still feel the need to shoot him, you are to call an attorney and provide a full financial disclosure before any trigger is pulled. If you make under $32K adjusted net income per year, you cannot shoot and must surrender your wife and children to him in lieu of any potential litigation awards.
Actually in Kalifornia C and D doctrine stands for Cornered and Defenseless. It mean if you're cornered and defenseless anywhere, you can shoot your assailant but first, you have to ask your assailant if you can be excused to buy a gun. Then you have to find a gun store, pass the mandatory Handgun Safety Test, pass the mandatory NICS background check, buy the gun, and wait the mandatory 10 days First Time Buyers requirement before you can pick up your gun. By the time you can pick up your gun, your assailant has either killed you or can't remember what he came to do. Yes, we can laugh at the ridiculous hurdles the good folks in California have to surmount in order to obtain a handgun but it's not so funny to the folks who live there. Posted by someone who used to live the People's Socialist State.

[knkali]

Actually in Kalifornia C and D doctrine stands for Cornered and Defenseless. It mean if you're cornered and defenseless anywhere, you can shoot your assailant but first, you have to ask your assailant if you can be excused to buy a gun. Then you have to find a gun store, pass the mandatory Handgun Safety Test, pass the mandatory NICS background check, buy the gun, and wait the mandatory 10 days First Time Buyers requirement before you can pick up your gun. By the time you can pick up your gun, your assailant has either killed you or can't remember what he came to do. Yes, we can laugh at the ridiculous hurdles the good folks in California have to surmount in order to obtain a handgun but it's not so funny to the folks who live there. Posted by someone who used to live the People's Socialist State.
Thank G-d you got out. I am still stuck in this hell

[Bawanna]

Come on up knkali, we pretty much got enough of ya already but I'll personally make room for you and the family and the dog and the cat unless it's siamese which are mean bastards with no reason to live.

Sadly we're not that far behind yall so you might want to consider as I am Wyoming. 5 people per square mile and that includes the folks in the big cities so there's got to be lots of wide open spaces.
You can get your 1000 acres next to my 10000 acres and we can be neighbors. Help each other dig our moats, and put up our fences, kind of like the border should be down south, tall, pig tight and horse strong.

[knkali]

I am there with you. Winter could be a bit tough in Wy for this Kali kid though.

[Bawanna]

No worries, we'll stop by the salvation army and pick ya up a jacket and a mad bomber rabbit fur hat to keep yer ears warm, unless your a rabbit hugger, then we could get a beaver fur hat, unless your a beaver hugger, in which case we could get a polyester 50/50 cotton fur hat and if you hug those, stay in kalifornia, I don't want ya for a neighbor no how.

[knkali]

No worries, we'll stop by the salvation army and pick ya up a jacket and a mad bomber rabbit fur hat to keep yer ears warm, unless your a rabbit hugger, then we could get a beaver fur hat, unless your a beaver hugger, in which case we could get a polyester 50/50 cotton fur hat and if you hug those, stay in kalifornia, I don't want ya for a neighbor no how.

I like to hug and kiss beavers whenever possible

[ced_56]

Yeah I'm glad I'm out of Cali now. Friends keep asking when I'm coming back. Once I stop laughing I tell them never.

[O'Dell]

Please use careful discretion boys and girls. Remember your dealing with lawyers, so nothing is absolute.

Hey, I'm a lawyer and I'm absolute! :cool:

[Bawanna]

Were a lawyer, now your my friend. You can't be both. You choose.

[b4uqzme]

Just be cautious everyone. The Castle doctrine, its interpretation, and its application varies from state to state. Check your states laws and precedents.

[O'Dell]

Were a lawyer, now your my friend. You can't be both. You choose.

You got it - EX- LAWYER!

[Bawanna]

I'm glad!

[marcinstl]

the 2 quotes from lawyers that stick with me---
"there is no justice, only billable hours". (justice is on a sliding scale of what you can afford).
"2 kinds of people behind bars, the criminally stupid and the criminally vicious"

[340pd]

Just be cautious everyone. The Castle doctrine, its interpretation, and its application varies from state to state. Check your states laws and precedents.

Strongly consider this advice. I personally never want to have to call my lawyer and say "I shot someone". Laws can be interpreted by a jury. Average IQ? Somewhat lower than a geranium.

[b4uqzme]

^^^^^ exactly. If you live in a Castle Doctrine state, how it applies to you is more about how preceding judges and juries chose to interpret the law vs. what is actually written.

Zimmerman lived in a state with both Castle Doctrine and Stand Your Ground....

[Armybrat]

In OK it does not matter if the homes resident fears for their lives. The mere fact you are inside without invite makes you eligible for a dirt nap. Also the Self Defense act was modified now a person can shot the assailant of "any person". Basically anybody can drop anybody else who is harming any other person. So if you see some stranger being victimized you can take immediate and appropriate action.
Same here in Texas.
Also, if a perp is stealing your stuff at night, you can use deadly force to stop the crime in progress - which includes chasing them to retrieve said stuff.

Case in point - several years ago an apartment resident heard his car alarm go off at night - he ran out into the parking lot to see a thief running away with his car radio. The thief couldn't outrun the bullet though and was DRT. Victim was no-billed by the grand jury...... in the liberal Capitol City of Austin.

[Armybrat]

Have the Castle Doctrine in my state...........................may keep you from being charged, but nothing stops you from being sued, if they have the inclination to do so.
Texas Castle Law says no civil suits by perps or their surviving family against the victimized homeowners.

As it should be. Tough *****.

[hardluk1]

knkali Funny , good sharp reply.

Nc's law will not allow family to sue you on a good shot ether .

[O'Dell]

the 2 quotes from lawyers that stick with me---
"there is no justice, only billable hours". (justice is on a sliding scale of what you can afford).
"2 kinds of people behind bars, the criminally stupid and the criminally vicious"

The first quote is exactly why I left the trade over twenty years ago.

[Bawanna]

O'Dell, you make me so gosh durned proud sometimes I could just weep.

Talk about a trade that has put themselves on a pedestal? Worse than doctors even I think.

[Big bird]

If you're using the CM45, the perp probably won't be around to file the suit.:)