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Old 02-11-2018, 07:10 AM
 
334 posts, read 286,122 times
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Stand your ground law is separate than Californias Castle Doctrine. Penal Code 198.5

Again. Read the Castle Doctrine.
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Old 02-11-2018, 07:11 AM
 
334 posts, read 286,122 times
Reputation: 225
Ruth. Read the first sentence. It is assumed you were in reasonable fear when you shoot a burglar.

Quote:
PC 198.5

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.
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Old 02-11-2018, 07:15 AM
 
334 posts, read 286,122 times
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Have a nice day Ruth.

Whoever has walked with truth generates life

Sumerian Proverb
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Old 02-11-2018, 07:53 AM
 
169 posts, read 198,822 times
Reputation: 183
So weird. I don’t own gun and wouldn’t but I can’t believe someone named Ruth4Truty seriously wants you you to sit around your house while a home invader moves from room to room to wait and see if he wants to kill you. No wonder California has gone to pot! Why do people use California schools? All the teachers are like Ruth.
Do you really think home invader robbers have some right to benefit of the doubt?
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Old 02-11-2018, 08:07 AM
 
Location: Sylmar, a part of Los Angeles
8,343 posts, read 6,435,284 times
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I'm a regular target shooter, have a lot of guns and know how to use them.
I had two loaded revolvers hidden in my house, I'm single, live alone and no kids ever come over.
Because of California's stupid laws I got scared and locked them up with the rest of my guns.
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Old 02-11-2018, 11:19 AM
 
Location: State of Transition
102,218 posts, read 107,956,787 times
Reputation: 116166
Quote:
Originally Posted by wilshire View Post
Ruth. Read the first sentence. It is assumed you were in reasonable fear when you shoot a burglar.
Houston, we have a problem. Yeah, I can read it. The problem is, the further elucidation of the law and related legal guidelines, as presented by several CA law firms that deal with these cases, show there's more to it. If lawyers are saying there are nuances involved, I'll go with the lawyers. But for now, you can call it a stalemate, if you want.
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Old 02-11-2018, 11:25 AM
 
Location: State of Transition
102,218 posts, read 107,956,787 times
Reputation: 116166
Quote:
Originally Posted by LadyKatie3 View Post
So weird. I don’t own gun and wouldn’t but I can’t believe someone named Ruth4Truty seriously wants you you to sit around your house while a home invader moves from room to room to wait and see if he wants to kill you. No wonder California has gone to pot! Why do people use California schools? All the teachers are like Ruth.
Do you really think home invader robbers have some right to benefit of the doubt?
In some states, they do. In some states, they do not forfeit the right to life, by invading someone's home to play a prank, as some teens do, or to grab some celebrities' personal items as a trophy of their "adventure, as some young women in LA were caught doing, or to quickly grab some easily fence-able electronics, and abscond.
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Old 02-11-2018, 12:54 PM
 
Location: SF Bay Area
12,287 posts, read 9,825,905 times
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Quote:
Originally Posted by Ruth4Truth View Post
Houston, we have a problem. Yeah, I can read it. The problem is, the further elucidation of the law and related legal guidelines, as presented by several CA law firms that deal with these cases, show there's more to it. If lawyers are saying there are nuances involved, I'll go with the lawyers. But for now, you can call it a stalemate, if you want.
Lawyers always say nuances involved to get you to hire them.


It is very simple. Were you afraid for your life: yes or no. How could the state prove you weren’t afraid for your life? It is up to the stage to prove beyond a reasonable doubt how you were feeling. Then to back that up the code section explicitly states that when someone is in your house illegally one can assume to fear for their life.
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Old 02-11-2018, 12:57 PM
 
Location: SF Bay Area
12,287 posts, read 9,825,905 times
Reputation: 6509
Quote:
Originally Posted by Ruth4Truth View Post
In some states, they do. In some states, they do not forfeit the right to life, by invading someone's home to play a prank, as some teens do, or to grab some celebrities' personal items as a trophy of their "adventure, as some young women in LA were caught doing, or to quickly grab some easily fence-able electronics, and abscond.
I guess you can read minds when someone is in your house.


Their is an apt saying for home intruders. “Play stupid games and you can win stupid prizes” one of those prizes in being shot and killed.

My job is to worry about myself and my family. Not the person breaking into my home.

If you want to have a conversation with the criminal then feel free; but it will be at your own peril.
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Old 02-11-2018, 01:36 PM
 
169 posts, read 198,822 times
Reputation: 183
Serious question: is this actually a common thing: goofy fun lovers committing home invasions for wacky stunts? Really?
My sister’s apartment was broken into while she wasn’t there and she was told not to be overly afraid because criminals who wait for someone to be gone are much less dangerous than those who barge in while you’re home. She was told anyone who breaks in while you’re home is likely to be extremely dangerous.
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