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Old 01-28-2018, 09:45 PM
 
8,742 posts, read 12,990,640 times
Reputation: 10526

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Quote:
Originally Posted by wilshire View Post
No, he's not saying "hispanics" are most likely to be shot.

He's just saying that if we start shooting criminals who break in, we may start shooting our own families on accident. That's what he means by "we". Ourselves meaning law abiding citizens of all backgrounds.

No need to bring race into this. The far majority of all latinos and african americans are law abiding citizens who are also afraid of crime. But are sensitive to stereotypes as well.

Crime is in the heart dude. When you see a criminal in your home at night, it won't matter what color he is before you fire away. They all bleed red.
OK it looks like I misread his post. I apologized.

Not so long ago folks leave their doors unlocked yet people still knock & announce themselves, only to enter after being invited (as in “come on in”). We all assume this is basic courtesy but it maybe possible those who invited themselves in are not welcome and maybe shot. Thus the rule of engagement developed as “common courtesy”.
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Old 01-28-2018, 11:05 PM
 
334 posts, read 286,754 times
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Quote:
Originally Posted by HB2HSV View Post
OK it looks like I misread his post. I apologized.

Not so long ago folks leave their doors unlocked yet people still knock & announce themselves, only to enter after being invited (as in “come on in”). We all assume this is basic courtesy but it maybe possible those who invited themselves in are not welcome and maybe shot. Thus the rule of engagement developed as “common courtesy”.
Penal Code 198.5 does not apply to someone you invite in. It is only for unwelcome criminals who break into your home. PC 198.5 does mention that you have to be sure that the criminal broke into your home.

Last edited by wilshire; 01-28-2018 at 11:43 PM..
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Old 01-29-2018, 06:53 AM
 
8,742 posts, read 12,990,640 times
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Quote:
Originally Posted by wilshire View Post
Penal Code 198.5 does not apply to someone you invite in. It is only for unwelcome criminals who break into your home. PC 198.5 does mention that you have to be sure that the criminal broke into your home.
I was trying to explain how one can get shot if entering a house uninvited. This still holds true in many parts of country.

That’s how “being courteous” became an etiquette so you don’t get shot! Same with shaking hands, to show you don’t have a dagger in your hand!
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Old 01-29-2018, 07:32 AM
 
10,681 posts, read 6,128,536 times
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It's early as hell rn. But Florida has a "stand your ground law" or something. I remember some dude shot a delivery guy for walking to his door.
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Old 01-29-2018, 07:53 AM
 
1,289 posts, read 940,308 times
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Quote:
Originally Posted by wilshire View Post
Penal Code 198.5 does not apply to someone you invite in. It is only for unwelcome criminals who break into your home. PC 198.5 does mention that you have to be sure that the criminal broke into your home.
And sure of several other things too. This is a "castle doctrine" as in your home is your castle. But it's not as simple as it sounds. It's a narrow law, not a broad one. And sometimes it's way better not to make any statement at all to the police when they show up. Remain silent and wait for your lawyer. Also, don't forget Byron David Smith in Minnesota and Marcus Kaarma of Montana. Much to their shock these men were sent to prison for shooting intruders who had broken in. People are still talking about those two cases, but that's for another thread.

Look this up:

Castle Doctrine in California:
Using Deadly Force to Defend Your Home
by Don Hammond, Criminal Defense Attorney

Last edited by LiaLia; 01-29-2018 at 08:02 AM..
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Old 01-29-2018, 08:13 AM
 
Location: Las Vegas
3,631 posts, read 7,684,842 times
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Quote:
Originally Posted by LiaLia View Post
And sure of several other things too. This is a "castle doctrine" as in your home is your castle. But it's not as simple as it sounds. It's a narrow law, not a broad one. And sometimes it's way better not to make any statement at all to the police when they show up. Remain silent and wait for your lawyer. Also, don't forget Byron David Smith in Minnesota and Marcus Kaarma of Montana. Much to their shock these men were sent to prison for shooting intruders who had broken in. People are still talking about those two cases, but that's for another thread.

Look this up:

Castle Doctrine in California:
Using Deadly Force to Defend Your Home
by Don Hammond, Criminal Defense Attorney
In some states the Castle Doctrine is interpreted basically as intended- the right to defend property...think Texas.

CA isnt giving people that right...its allowing people to defend their LIFE. Very significant difference. Most states lean more towards the CA side of thing rather than Texas.
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Old 01-29-2018, 09:03 AM
 
1,289 posts, read 940,308 times
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Quote:
Originally Posted by SoHoVe View Post
In some states the Castle Doctrine is interpreted basically as intended- the right to defend property...think Texas.

CA isnt giving people that right...its allowing people to defend their LIFE. Very significant difference. Most states lean more towards the CA side of thing rather than Texas.
Yes, I get that. Most states tend to use it for defending life rather than for defending items. But in Texas it's different. Whether it's about life or property, it seems like a Texan has very broadly interpreted rights of self defense with deadly force. Such as in situations of theft, trespassing, prowling, (and car repossessions?), to name some of them.
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Old 01-29-2018, 09:14 AM
 
Location: Paranoid State
13,044 posts, read 13,893,192 times
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Quote:
Originally Posted by wilshire View Post
This gives you the right to use deadly force on a criminal who breaks into your residence in California.
Wouldn't it be better to offer them cookies and milk?
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Old 01-29-2018, 09:16 AM
 
Location: San Diego
50,478 posts, read 47,209,181 times
Reputation: 34131
Quote:
Originally Posted by SoHoVe View Post
In some states the Castle Doctrine is interpreted basically as intended- the right to defend property...think Texas.

CA isnt giving people that right...its allowing people to defend their LIFE. Very significant difference. Most states lean more towards the CA side of thing rather than Texas.
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).
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Old 01-29-2018, 09:34 AM
 
4,795 posts, read 4,833,337 times
Reputation: 7348
Quote:
Originally Posted by wilshire View Post
No, he's not saying "hispanics" are most likely to be shot.

He's just saying that if we start shooting criminals who break in, we may start shooting our own families on accident. That's what he means by "we". Ourselves meaning law abiding citizens of all backgrounds.

No need to bring race into this. The far majority of all latinos and african americans are law abiding citizens who are also afraid of crime. But are sensitive to stereotypes as well.

Crime is in the heart dude. When you see a criminal in your home at night, it won't matter what color he is before you fire away. They all bleed red.
Do your family members break into your house while your asleep at 3am?
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