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castle doctrine/booby trapping laws


AWW$HEEET
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We just went over this in my CCW class and I bought (and read) the law book. It basically says if someone (not authorized) is even ATTEMPTING to gain entry to your house (or place you are staying - i.e. friends house, hotel, etc) there is no duty to retreat and is presumed to be an act of self-defense and you have the right to exercise deadly force but it's not an open invitation to blast anything that moves. You still need to make sure it's not a girl scout trying to sell cookies or something.

If someone is trying to force your house door open and you shoot them through your door count on being locked up. Now if they entered your house and you retreated to bedroom and they attempted to enter and you shot through door you should be ok. If it's a nice sunny day and some crackhead opens your unlocked screen door walks in smiles and snags your tv you can not legally shoot him. Now if that screen door was locked you could or if he was to growl and bark at you or have a screw driver in his hand then you're ok. If your car is in your driveway with the keys in the ignition and some crackhead jumps in and is driving off you can not shoot him but if you run in the path of the car you could be afraid he was going to run you over and shoot him.

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If someone is trying to force your house door open and you shoot them through your door count on being locked up.

I disagree with that in the strongest but most polite terms possible. If they have no right to be breaking down my door and while doing so I most certainly can shoot them, if fearing for my life/saftey. You do not have to wait until they get in to be in fear of your life. Marion County Prosecutor seems to agree with that also.

http://www.marionstar.com/article/20120129/NEWS01/201290321/What-Castle-Doctrine-how-does-apply-me-?odyssey=tab|topnews|text|Frontpage&nclick_check=1

If it's a nice sunny day and some crackhead opens your unlocked screen door walks in smiles and snags your tv you can not legally shoot him.
Depends. On the way in, heck yes you can shoot him. On the way out, probably not.
If your car is in your driveway with the keys in the ignition and some crackhead jumps in and is driving off you can not shoot him but if you run in the path of the car you could be afraid he was going to run you over and shoot him.
Agreed. And this is part of why in the first two instances you can shoot. A bad guy entering your house is a threat.....shoot them. A bad guy leaving with a TV is not, don't shoot. A bad guy leaving with your car is not, but if you are in the path he is. But now that raises another issue. Can you get out of the way of the car...retreat is called for in that situation.

We are awesome internet motorcycle lawyers!!

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My instructor told us always remember being afraid is #1 and should be repeatedly mentioned to the authorities should you ever have to use your weapon but also remember if you're 6'4" and 300lbs you may have trouble convincing them that you were afraid of a 5'5" 120lb crackhead.

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My instructor told us always remember being afraid is #1 and should be repeatedly mentioned to the authorities should you ever have to use your weapon but also remember if you're 6'4" and 300lbs you may have trouble convincing them that you were afraid of a 5'5" 120lb crackhead.

I agree. And remember that all the castle doctrine does is shift the burden of proof on fear. In the past you had to prove fear. Now it is assumed and the prosecution has to prove otherwise. And if it is an unarmed granny in a wheelchair hitting your door with her cane he will probably be able to nail you.

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My instructor told us always remember being afraid is #1 and should be repeatedly mentioned to the authorities should you ever have to use your weapon but also remember if you're 6'4" and 300lbs you may have trouble convincing them that you were afraid of a 5'5" 120lb crackhead.

I don't know what kind of weapon said crackhead may or may not be carrying, plus I can't see through the door to see who's attempting to force it open. I'm afraid! Bang! /endcrackaddiction

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As explained to us by the lawyer who spoke at our ccw you may be in the right but it does not mean you will not be prosecuted or sued. If you defend yourself with a weapon you better expect to be defending that action in a court room.

It sounds like the best answer if to set up video cameras all over your house so when you do shoot someone you have video proof of their actions and the fear in your actions.:rolleyes:

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