Armed tenants here

[Certaindeaf]

I'm sure you're a good guy, and I'm sure you believe that…. but just based on your three posts in this thread that you stated as fact, yet were quickly pointed out (with precedented examples) as incorrect, (respectfully put) gives me some doubts about your confidence…. but hey, you do you!



Better call Saul Goodman!

That was the gentlest throat punch I ever saw.

 

[Stomper]

That was the gentlest throat punch I ever saw.

Dang…. must be gettin' soft in my older ages, I was going for a donkey punch!

 

[Certaindeaf]

Dang…. must be gettin' soft in my older ages, I was going for a donkey punch!

Falcon punch!

 

[L84Cabo]

WOLVERINES!

 

[coop44]

Why is it assumed the first thing you will do is call the police and admit averything? Walking away whistling a happy tune seems like a nice alternative.
"Huh? What? Someone got shot? That's terrible!!"

 

[Andy54Hawken]

The trouble with "Advertising" like in the OP...
Is that you may find customers , so to speak.
As in people who will do things in order for you to follow through with what the sign says.
Andy

 

[JohnnyMac]

I use this sign and haven't had a problem yet.

 

[bbbass]

From a psychological perspective, I find it hard to believe that when presented with numerous choices, a common thief would actually prioritize a residence that indicates it is armed and ready to defend itself!

Generally homes where most people own guns are normally robbed only when the residents are absent.

^^^^THIS is the reason I don't put up signs that advertise guns available to be stolen!!!

Esp since I don't have any attack geese.

Was amazed how many posters felt the need to comment after you had already corrected yourself.

So, you've been here a few years... and you've NEVER started to read a thread and then saw something you immediately wanted to comment on???

Yeah, it happens. In this thread... A LOT!!

Hey! Has anyone pointed out that you don't have a duty to retreat in Oregon yet?

I often wonder why I bother to research and then post good info...

 

[308]

Do You Have a Duty to Retreat in Oregon?

The Oregon law on limitations to use of deadly force is codified in ORS 161.219, which reads as follows:


This statute was interpreted by the Oregon Supreme Court in March of 2007. In State of Oregon v. Sandoval, the court ruled that Oregonians have no "duty to retreat" when faced with a violent confrontation. The Supreme Court correctly noted that Oregon law contains no requirement to retreat from an attacker and that previous rulings to the contrary are not only incorrect, but obviously incorrect. The Court said, "On a purely textual level, ORS 161.219 contains no specific reference to 'retreat', 'escape,' or 'other means of avoiding' a deadly confrontation. Neither, in our view, does it contain any other wording that would suggest a duty of that kind."

Can you Stand Your Ground in Oregon?

As a general rule, yes. You have no duty to retreat in your home before using or threatening the use of deadly force to protect or defend yourself or another person.


https://romanolawpc.com/oregon-castle-doctrine/

Keep in mind the word "dwelling" does not include a detached structure such as a shop, shed or garage. It only includes an attached structure to the primary 'dwelling' place…the home/living quarters.

 

[bbbass]

Keep in mind the word "dwelling" does not include a detached structure such as a shop, shed or garage. It only includes an attached structure to the primary 'dwelling' place…the home/living quarters.

But it's where I keep my tachometer!!!

 

[SonicBlue03]

LOL I know exactly how the justice system works. My father was a Detective, my Aunt & Uncles are layers, and I have had my own experiences with the law/court as well. Yes, the "Burden of Proof" as a term is on the state as far as pleading the case. That being said you're still relying on the interpretation of 12 different people with the presented information of both sides to decide your fate. In actuality one is still providing evidence and witnesses to the contrary of the states position. Thus exerting your "proof" of events or claim. If there was no need for a defendant to "Prove" anything in court he / she would never have to do anything or provide anything.

I was trying to assess what kind of "layers" your relatives were/are, until I went and read some of your posts for context that others have quoted.

The conclusion I've reached: "Downs."

 

[Certaindeaf]

Keep in mind the word "dwelling" does not include a detached structure such as a shop, shed or garage. It only includes an attached structure to the primary 'dwelling' place…the home/living quarters.

This is why I'm a turtle.

 

[SonicBlue03]

Seems unnecessary to advertise in Gresham and SE Portland. It's implied.

 

[Alexx1401]

This is consistent with a report I saw once, a survey of incarcerated prisoners that asked them about whether they were more afraid of getting caught by cops or running into a householder with a gun. It was the latter by a long way.

I also read somewhere that running into a householder with a gun was an often cited reason for burglars deciding to give up the trade.

Generally homes where most people own guns are normally robbed only when the residents are absent.

YES! Most scum know the Police are almost always afraid to fire on them. Most common home owners are not.

 

[Certaindeaf]

I was trying to assess what kind of "layers" your relatives were/are, until I went and read some of your posts for context that others have quoted.

The conclusion I've reached: "Downs."

 

[WillametteWill]

(1) Oregon law allows for the use of deadly force to prevent certain property crimes.(2)

2. Oregon allows deadly force to be used if someone is committing or attempting to commit a burglary in a dwelling, and for second degree burglary the dwelling does not need to be occupied. Or. Rev. Stat. Ann. § 161.219.

I don't believe the intent is using deadly force to defend property. It is common practice to word defense against persons laws so when you are in "highly defensible property" you have more justification. Looking at a few related laws:

ORS 161.229 Use of Force in Defense of Property states physical force, other than deadly force, may be used to thwart theft or criminal mischief. (I understand, this is not burglary.)

I believe it is more clear in 161.225 Use of Force in Defense of Premises.
A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:

(a) In defense of a person as provided in ORS 161.219 (Limitations on use of deadly physical force in defense of a person); or​

(b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.​

Note how (a) begins by stating in defense of a person. This is essentially going back to the basics of defense of person in 161.219...who happens to be in a property. It is often due to the "highly defensible property" concept.

Burglary in mentioned in 161.219, note the title of the section "Limitations on use of deadly physical force in defense of a person" (emphasis added):

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or​

(2) Committing or attempting to commit a burglary in a dwelling; or​

(3)Using or about to use unlawful deadly physical force against a person.​

All of these psakiback to defense of a person, not property. I believe this is consistent (but not speaking for them) with Branca, Ayoob et.al. on not using deadly force to defend property...unless you are defending a person in the property from a deadly force threat.

Thank you for the dialog and 100% agree with your comments on Sandoval.

 

[WillametteWill]

These signs seem like the equivalent of if buildings could open carry.

 

[EHJ]

FWIW - PPB/MultCo's actual stats reflect a 'maybe' of 1-2% arrests are made in all these shootings, gang war and gun murders...


Police your brass.
Keep your mouth shut.
Darwin for the win.

 

[coop44]

FWIW - PPB/MultCo's actual stats reflect a 'maybe' of 1-2% arrests are made in all these shootings, gang war and gun murders...


Police your brass.
Keep your mouth shut.
Darwin for the win.

Bingo, we have a winner!

 

[308]

This is why I'm a turtle.

In or out of cold water?