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Too severe. Sorry, but it should not be legal to kill someone who is of *ZERO* threat. This makes it so that someone who is drunk and stumbles to your front door instead of their own can be shot and killed with NO recourse.
The most telling part is "Currently, landowner may be liable to adult trespassers that landowner injures willfully or wantonly." in the summary. AKA: If this passes, you may willfully and wantonly kill someone on your property. It only applies to those who are on the property violating one of three state laws, but ORS 164.255 is very vague. "Enters or remains unlawfully in a dwelling."
So if I tell you to leave my property, and you delay at all[/i], you are "remain(ing) unlawfully" - and if this law passes, I can shoot you.
The effect of this would be that people would not take common sense into account when investigating noises - they would know that they can legally shoot someone in their house, and would do so. There have been multiple cases of people shooting family members that they thought were intruders in Castle Doctrine states.
I would be fine with it if they removed ORS 164.255 from the list. Burglary is at least one that is defined as "entering for the purpose of committing a crime."
Too severe. Sorry, but it should not be legal to kill someone who is of *ZERO* threat. This makes it so that someone who is drunk and stumbles to your front door instead of their own can be shot and killed with NO recourse.
The most telling part is "Currently, landowner may be liable to adult trespassers that landowner injures willfully or wantonly." in the summary. AKA: If this passes, you may willfully and wantonly kill someone on your property. It only applies to those who are on the property violating one of three state laws, but ORS 164.255 is very vague. "Enters or remains unlawfully in a dwelling."
So if I tell you to leave my property, and you delay at all[/i], you are "remain(ing) unlawfully" - and if this law passes, I can shoot you.
The effect of this would be that people would not take common sense into account when investigating noises - they would know that they can legally shoot someone in their house, and would do so. There have been multiple cases of people shooting family members that they thought were intruders in Castle Doctrine states.
I would be fine with it if they removed ORS 164.255 from the list. Burglary is at least one that is defined as "entering for the purpose of committing a crime."
So if you "chose" to get drunk or high on drugs that absolves you of all responsibility for your actions. BS. Stay in control of yourself and you won't have problems. Homeowners are not looking for a reason to kill someone only to protect themselves when they are threatened.
The examples do not show any causal relationship between an increase in accidental/inappropriate shootings and the passing of castle doctrine laws. There is no proof that what you cite will happen is indeed the case in any state.
The elderly man was breaking the law. Period. Has nothing to do with castle doctrine. The accidental shootings you list are just stupid. They break every rule of common sense. You cannot state with any reasonableness that the existence of the Castle Doctrine made them more likely to pull the trigger. You just can't. Accidental shootings are going to happen no matter what. People do stupid things some times. Castle Doctrine has nothing to do with it.
You're welcome to your opinion, of course, but it is still opinion unsupported by fact.