Penal Code 198.5 - Right to Shoot an Intruder in Your Home (Byron: houses, neighborhood)

[LiaLia]

Originally Posted by 1AngryTaxPayer

Which means, if you have any form of exit you must leave your own home. If you stand and fight they will find you guilty of breaking a law. You had better be able to prove you had no exit and your life was at risk. This is why many people own some handguns that aren't registered or have a serial number (wink).

People in California are required to retreat first, in their own home? Please provide a link. Thanks.

[pharmboyinSD]

One can imagine the scenario where a teenager tries to sneak in after curfew or after leaving the house without the parents knowledge. The shooter needs to know if they are shooting an intruder or not without being harmed themselves.

Originally Posted by ryanms3030

Do your family members break into your house while your asleep at 3am?

[pharmboyinSD]

Yeah, I thought protecting ones home or property was not a valid use for lethal force from a civilian in CA, but don't know the law or the interpretation based on court cases. It feels like Texas has the differing interpretation, where there is a more open (there I say liberal?) version of the Castle Law. I recall an old article where a someone in Tx shot through the front door, killing the person who was ringing their door repeatedly. The shooter said he repeatedly told them to go away but they didn't, so he responded by firing through a barrier even though there was no imminent threat. This was considered justifiable in Texas law. Unfortunately, the guy knocking on the front door was a drunk Japanese exchange student, with limited English, who got confused with the address ,looking for a party, tried to open the door and then started banging on it.

Originally Posted by 1AngryTaxPayer

Which means, if you have any form of exit you must leave your own home. If you stand and fight they will find you guilty of breaking a law. You had better be able to prove you had no exit and your life was at risk. This is why many people own some handguns that aren't registered or have a serial number (wink).

I am definitely not a lawyer and this should not be construed as any from of legal information or advice. My statements are time-consuming opinions expressed on a public forum, for banter and making everyone pissed off.

[KTSullivan]

They can be Hispanic, Caucasian, African Americans, etc., it really doesn't matter. You break into my house, you'll be greeted with several bullets

[Ruth4Truth]

Originally Posted by Chicano3000X

But we're most likely to be shot.

but worst fear is assuming someone is a burglar, and BAM, you just shot your spouse..

First and fore most is teach people not to be so trigger happy. Which is why this whole pro gun stance can feel pretty sketchy. There needs to be more regulating and background checks aswell as mental examinations.

And above all, education.

Yup. Someone here on C-D told me their views about this changed, when he had a gun aimed on an intruder, and suddenly recognized the neighbor's teenage kid. It really shook him up. I had a young co-worker once, just out of college, who said that she and her neighborhood friends, when they were in HS, would break into neighbors' homes just for the heck of it--for the challenge, and because they were bored.

However, OP, you need to read the rest of the California code regarding the use of deadly force. You will most likely end up having to explain yourself before a judge and jury. You may well get off, but you'll still have to make your case.

[Ruth4Truth]

Originally Posted by pharmboyinSD

Yeah, I thought protecting ones home or property was not a valid use for lethal force from a civilian in CA, but don't know the law or the interpretation based on court cases. It feels like Texas has the differing interpretation, where there is a more open (there I say liberal?) version of the Castle Law. I recall an old article where a someone in Tx shot through the front door, killing the person who was ringing their door repeatedly. The shooter said he repeatedly told them to go away but they didn't, so he responded by firing through a barrier even though there was no imminent threat. This was considered justifiable in Texas law. Unfortunately, the guy knocking on the front door was a drunk Japanese exchange student, with limited English, who got confused with the address ,looking for a party, tried to open the door and then started banging on it.

Then there was the case, just a couple of years ago, about a guy whose doorbell was ringing very late at night, the person wouldn't go away, so he opened the door and fired without looking at who it was. It was his wife, returning early from her night shift at work. He had one dead wife on his front porch, to explain to police.

[Ruth4Truth]

Originally Posted by ryanms3030

Do your family members break into your house while your asleep at 3am?

It happens. A spouse returns early from their night shift at work. A teenager sneaks in, after sneaking out to a party. Stuff happens.

[CaliRestoration]

Originally Posted by Ruth4Truth

Yup. Someone here on C-D told me their views about this changed, when he had a gun aimed on an intruder, and suddenly recognized the neighbor's teenage kid. It really shook him up. I had a young co-worker once, just out of college, who said that she and her neighborhood friends, when they were in HS, would break into neighbors' homes just for the heck of it--for the challenge, and because they were bored.

However, OP, you need to read the rest of the California code regarding the use of deadly force. You will most likely end up having to explain yourself before a judge and jury. You may well get off, but you'll still have to make your case.

Uh, that's why one of the four cardinal rules of deploying a firearm is "know your target and what's beyond it". People who are actually educated in firearms usage live by that rule. They just don't come out guns blazing in the dark. That's ridiculous.

[wilshire]

Penal Code 198.5

California's Castle Doctrine gives you the right to shoot an intruder who has broken into your home.

That means it is automatically assumed you were in fear of your life and your family's lives when you shoot the criminal who breaks into your home.

There has to be a high level of evidence that shows it was not the case you were scared for your life. I.e. camera showing you shot a criminal while they were on their knees begging for their life.

[wilshire]

Originally Posted by Ruth4Truth

Yup. Someone here on C-D told me their views about this changed, when he had a gun aimed on an intruder, and suddenly recognized the neighbor's teenage kid. It really shook him up. I had a young co-worker once, just out of college, who said that she and her neighborhood friends, when they were in HS, would break into neighbors' homes just for the heck of it--for the challenge, and because they were bored.

However, OP, you need to read the rest of the California code regarding the use of deadly force. You will most likely end up having to explain yourself before a judge and jury. You may well get off, but you'll still have to make your case.

Can you shoot a home intruder under California law? | ABC10.com

The thing is, if you see a criminal inside your home at night, you have mili-seconds to react. Sure, many of us may ask them what they are doing here before shooting. But if you decide to shoot first, that sort of discretion and leeway falls onto the homeowner's favor because of PC 198.5.