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Castle Doctrine Question

Discussion in 'Legal' started by SrDedosRapidos, Dec 30, 2008.

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  1. SrDedosRapidos

    SrDedosRapidos Member

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    Hello all,

    New here. Own several handguns (.357, .44 and 9mm) and soon to have a DPMS LR308. Im going for carry concealed in early February but have a question about home defense. I live in KY and we just recently (semi recently i believe) got our castle doctrine.

    Id just like to make sure that i understand it before im presented with a defensive situation that gets me jailed. Ive already been in 2 situations that, had i been armed, would have lasted much shorter and involved no property damage. One involved a man simply walking into our home and throwing my step-dad through a large window after he was confronted. The second involved another man walking up to our back porch and trying to force open the back door. Luckily someone was in the kitchen and it scared him off.

    If i awake to a man breaking into my house forcibly (with some form of blunt object or otherwise) does this give me the right to open fire or do i have to say "hey... stop that!" first? Does the Castle Doctrine protect me %100 from criminal liability in ANY situation wherein an unknown person is forcing their way into my home or car? Do i have to meet certain criteria (when in my own home or car) before i start shooting or is that simply duty to retreat (which, i understand, is nullified by the castle doctrine)?

    Thanks in Advance!
     
  2. mgkdrgn

    mgkdrgn Member

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    You'll have to check the specific wording of YOUR state legislation on this one.

    Here in SC, scenario #1 would be BANG!, no questions asked.

    In your other situations, personally I'd likely shout a "GO AWAY!" command, but unless they complied IMMEDIATELY (as in before the echo dies) it would likely end in BANG! I don't believe you have to actually let them break in before you are allowed to defend yourself ... but that for sure makes it more clear cut here.

    As for the liability ... (again, just for SC), the fact they have broken into your home while you are there is considered sufficient evidence that you can assume they intend to do you grievous bodily harm. That is sufficient cause for the use of deadly force to defend yourself.

    Also, we have no duty to retreat from our cars, OR ANY OTHER PLACE WE HAVE A LEGAL RIGHT TO BE. If I believe you intend to do me serious harm, I can defend myself with deadly force. I will have to come up with why I believed I was in danger, which I do not have to do with a home break in.

    When you go to the class for your CCP, they should cover this in great detail.

     
  3. rbernie
    • Contributing Member

    rbernie Member

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    The basic 'Castle Doctrine' (looks like it was 'Senate Bill 38') for KY reads as follows:

    This might also prove useful, for it's discussion of the legalities of deadly force:
    http://kentucky-concealed.com/Information/Kentucky Concealed Carry Justifiable Homicide.pdf
     
  4. SrDedosRapidos

    SrDedosRapidos Member

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    Thanks guys!

    I am looking for ward to the ccp class to answer my questions. I have quite a few really, but the threat of home invasion exists without my privilege of concealed carry, as well as the possibility of a nice car jacking.

    I have read through most of the gun laws and all of the defense laws for KY, but sometimes the wording gets weird. I think that its pretty clear cut that if someone is forcing their way in, ive a right to forcibly reject them. I wasnt 100% sure though and even then i doubt i will be until a lawyer is nodding his head yes as im spouting off scenarios.
     
  5. jorb

    jorb Member

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    Good luck and I hope you have a quiet live.
     
  6. orchidhunter

    orchidhunter member

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    First take up all the Welcome Mats. Don't shoot till they are in the house. orchidhunter
     
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