this is why we need a castle law in Oregon

Discussion in 'Legal & Political Archive' started by parallax, Jan 3, 2014.

  1. parallax

    parallax
    eugene, or-gun
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  2. fd15k

    fd15k
    Tigard,OR
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    I agree. Can't stand Mormons knocking on my door.
     
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  3. RicInOR

    RicInOR
    Washington County
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    Assuming the article is correct...a big assumption...the homeowner needs to be charged. You do not shoot at someone running away - there are very few legally, morally justifiable reasons to do that.

    " he opened fire on the intruders as they fled the property."

    Now, could it have been that they were advancing on him at the time he drew and started the firing process? If so, he would be in a better legal position.

    I am not sure this is a poster case for Castle Doctrine.
     
  4. Mark W.

    Mark W.
    Silverton, OR
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    You would also need to change Oregons Self Defense law. Which basically states the only reason you can point a firearm at a person is for reasons of self defense.

    I have a hard time finding a way to call someone running away from me self defense.
     
  5. PDXoriginal

    PDXoriginal
    PNW
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    One of the only acceptable times to actually shoot someone in the back or running away from you is if the person poses a continued threat to life such as in a active shooter situation.

    In the above situation, when the LEOs ask you why you better just say... they were shooting at me while running and if they didn't have a gun well you made several mistakes.
     
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  6. parallax

    parallax
    eugene, or-gun
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    agreed this guy should not have shot at people running away,, but in the article,, first they were trying to re-enter the home, after previous burglary. Not trying to say this guy was legal,, but wouldn't it be nice if the laws tended to lean more towards the homeowner, instead of in some grey area where legal interpitation of a home owners rights makes the home owner have to second guess legality at a moment in time where the home owners life is at stake?. what if its on the other end of the scale, where a home owner is hesitating because he is not sure if he can legally defend himself, and ends up dead because he hesitated alowing himself to be overpowered by home invaders. what about all the cop videos of cops jumping in fron of a car thats trying to get away, then unleashing as many bullets as they can at a fleeing suspect,, why is that o.k. when a suspect is fleeing, when obviously the cop was not in any real danger,, but that is justified..seems unfair that there is a double standard, for L.E.O. and joe public.
     
  7. RicInOR

    RicInOR
    Washington County
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    If he caught the guys breaking into his home, then that can be justifiable in OR - When a Burglary is taking place, or attempting to take place.
    There is another thread with the ORS statute showing that. Key being 2 things - burglary not robbery, and domicile - your house, not some out building.
    I am not educated on the case law. Which could have a huge impact on the reality.
     
  8. pchewn

    pchewn
    Beaverton Oregon USA
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    The only way the cops would have known that he shot while they were running away is if he told them. DON'T TELL THE COPS THIS.
     
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  9. duane black

    duane black
    Washington
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    Such good advice it needs to be repeated.

    I would change THIS to ANYTHING though..
     
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  10. Spooler41

    Spooler41
    Port Angeles ,Wash.
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    I'm afraid entry wounds in the back would raise more than a little interest for any LEO entering the scene.
    Just tell the perp to wait, then when he stops and turns go for it.

    .......................Jack
     
  11. 41Slinger

    41Slinger
    Harrisburg Oregon
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    Either the home owner was shooting to create fear which isn't legal or he's a terrible shot and needs more practice. He couldn't hit a white van ? :huh:
     
  12. 44mag2ndamend

    44mag2ndamend
    Round the ole tree stump, Down by the crick
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    How does anyone here actually know for fact that the homeowner fired at suspects running away. This very well could be know as what is called a group lie perpetuated by the suspects to alleviate further criminal prosecution.

    Its called in legal terms" Malicious Prosecution". When someone falsifies actual facts to try and cover up their own mistakes. Me personally I can see a criminal stating false facts in resenting the fact alone they were busted in a criminal act.

    I have not read the whole article, nor do I make this assertion, but were any of us including the news people even there?

    We all know about news-media bias.
     
  13. waltermitty

    waltermitty
    seattle
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    ...and all you need when you falsely say they were running away is for a witness to counter your version, neighbor's home security saying otherwise, and/or forensics to determine your version is in doubt. so you need to ask yourself.....do you feel lucky today?
     
  14. U201491

    U201491 Well-Known Member

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    That is really a retarded comment.
     
  15. Mikej

    Mikej
    Portland
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    It was a joke man.....I can't stand church people knocking on my door either! AND I USED TO BE ONE!
     
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  16. MrFiux

    MrFiux
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    He should be getting paid for taking out the trash.

    Sent from my SGH-T999 using Tapatalk
     

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