Oregon Castle Doctrine??

Xader · May 28, 2009

I had always understood Oregon not to be a castle doctrine state.

But in reading the statutes, it seems to indicate otherwise. Keep in mind, Im fluent in layman, so my interpretation may be incorrect. Can anyone confirm or deny my conclusion?

161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(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. [1971 c.743 §23]

For clarification, here is the aforementioned ORS 161.209:

161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]

I guess what I cant say for sure is which preempts the other, specifically regarding the use of the word "notwithstanding" in the first.

SuperMagnum · May 28, 2009

I'm too tired to remember correctly or decipher legal talk...but yes, I believe we do have a "castle doctrine" in Oregon. I remember something about the OR supreme court making a ruling on that very recently....I guess I need to find out more about it too.

Xader · May 28, 2009

I know they determined that no current Oregon laws require a "duty to retreat"

I believe the ORS I am referencing predates that ruling

503glock · May 28, 2009

I believe you are right we have no "duty to retreat" but we also have no castle doctrine. But in the end I don’t really feel a castle doctrine is more than a legal protection. It doesn’t change a thing about how I will handle myself if someone is in my home. Just my thought...

SuperMagnum · May 28, 2009

I believe you are right we have no "duty to retreat" but we also have no castle doctrine.

Aren't those basically the same thing? As I understand it we have no duty to retreat and we can shoot at any unauthorized visitor to your house.

Xader · May 29, 2009

As I understand it we have no duty to retreat and we can shoot at any unauthorized visitor to your house.

That seems to be the very definition of castle doctrine

Perhaps the difference is that there is no law on the books that says we don't have a duty to retreat; there is only an absence of one that requires us to do so.

Regardless, it seems we are legally protected in the case of a need to use lethal force in the face of a break-in

Gray Peterson · May 29, 2009

Oregon used to be a duty to retreat state (which did NOT apply inside of your home) between 1981 and 2007. A case called State v. Sandoval fixed this problem.

Xader · May 30, 2009

Well, I guess its a good thing I waited until 08 to get my OR CHL

Hawaiian · May 30, 2009

161.209 addresses physical force. 161.219 addresses deadly physical force.

Oregon law does give you the right to use deadly physical force to defend yourself in your dwelling. However, some Castle Doctrine statutes also protect you from Civil lawsuits and the Oregon statute does not.

Archie · May 30, 2009

From a reading of ONLY WHAT IS SHOWN HERE, it looks like deadly physical force is allowed in the defense of home and such. But I'll bet a dollar against the hole in a donut the term 'reasonable' will come into play if one does.

'Reasonable' always considers the '... totality of the circumstances...', not just one factor.

SuperMagnum · May 31, 2009

However, some Castle Doctrine statutes also protect you from Civil lawsuits and the Oregon statute does not.

So in other words, shot placement is everything.

Oregon Castle Doctrine??

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