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I don't know about that.. California, and perhaps others, has a "duty to retreat".


Actually California DOES NOT have a duty retreat. California also has some VERY strong self defense laws , especially when involving your home. If someone has broken into your home in California, the law automatically presumes it to be A LIFE THREATENING situation.

Relevant PC is below.

CA PC 198.5 Justifiable Homicide ;


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.
 
Actually California DOES NOT have a duty retreat. California also has some VERY strong self defense laws , especially when involving your home. If someone has broken into your home in California, the law automatically presumes it to be A LIFE THREATENING situation.

Relevant PC is below.

CA PC 198.5 Justifiable Homicide ;


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.

Very good.

Of course, in CA they just try to stop you from having the gun in the first place. Still, that is a very interesting piece of CA law.
 
Very good.

Of course, in CA they just try to stop you from having the gun in the first place. Still, that is a very interesting piece of CA law.

For sure on both accounts.

I appreciated this aspect of California law, but to me, carrying outside the home is where its at. I lived in a very restrictive county. Someone once told me the sheriff wouldn't issue me a permit if I was a federal judge , in the middle of a mafia trial.

Lol

The funny thing was I lived in a area where it was needed.

A lot of people don't know this but a large portion of the state is essentially shall issue. The closer you get to the coast, generally the more liberal it is and less likely you can get a permit. Unless of course you are " connected ", think Sheriff's Posse.

Anyway, I'm rambling.

Just thought I would chime in on California's version of the castle doctrine. I always thought it was all common sense in a state that rarely shows any.

Sent from my Nexus 4 using Tapatalk 4 Beta
 
99% of all of this is preparation like everything else.

Most 'intruders' are going to stroll right into your unlocked home. My neighbors leave their house unlocked 24/7. To each their own.

Someone that smashes in your front down or bashes a window will be perceived as more of a threat than someone you allow to stroll right in.

Meth heads and common thieves are smart enough to know how to scam. You walk into your kitchen, he is standing there, you go ape and he claims he though your home was a small business selling stuff. After all, the door was wide open.

This actually happened to a friend of mine ten years ago and the cops let the perp walk away.

Home and small business fast snatch and grabs are VERY common now. The thief strolls into your home with the intent of stealing just 1 or 2 items like a purse very quickly and then slinking out unseen.

Just like you'll never leave your car unlocked for five minutes while you are inside 7-11 you should use the same wisdom with your home. Never leave a door unlocked. Not even to walk around the house to turn on a garden hose.

Happy I no longer live in OR. Here in WA a home invader tried that I didn't "break" in, the door was unlocked excuse. The judge said "doesn't matter how much effort it took, or how much damage you did, pushing the door open is enough. You were not invited into the house where you? You used force to enter, you opened the door, then you walked in....meets the definintion of breaking and entering.

BTW: my doors are always unlocked. Do not plan to change my ways anytime soon. I don't carry wallet, (it stays in the truck) I don't carry keys (unless I am going to be driving somewhere), I don't wear a watch any more. Done with that stuff. I do OC a pistol most of the time though.
 
Only two things should come out of your mouth:
"They were going to kill me"
"I want to speak to a lawyer"
When you get out of jail go see a shrink, pastor or priest to show your remorse and how traumatic this event has been on you.

Don't ever express remorse...Remorse implies in legal terms that you feel guilty and therefore feel bad. It is better to feel bad that your attacker forced you to choose between your life and his.
 
I was told during my required licensing class in Oregon that if you assault an intruder in your home, you risk a civil suite, and perhaps even a criminal assault charge.

Just let them walk out with your property. If they are not there to harm you, and, of course, you don't know this until you are attacked, you can't use force to stop them.

Can any really knowledgable member here confirm or correct this?

Thanks.

CIVIL SUIT !! if they are inside my house - they are there to cause me harm - I fear for my life- therefore I had to act.. So unless you are a very large PUSSY (which you can then thank them for stealing your stuff) I would take the appropriate action to defend my self and my family !.
 

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