CXM I have a question about a term you used in a post......
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tommytrauma
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Verses places like Wisconsin, where I have no right to use lethal force if an avenue of retreat is open to me. Bad guy comes in the front door, I have to boogie out the back door instead of lighting him up . Generally referred to as 'the law of retreat'.
Highland Ranger
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Mass is a retreat state too I believe.
Bad news when you can't protect your own property.
Bad news when you can't protect your own property.
QuarterBoreGunner
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Score one for Cali; I am the king of my castle... now if they'd just allow us thr proper tools to repel the barbarians.
tommytrauma is WI really "duty to retreat"? If so, disgusting...
I agree that WI isn't a "castle state", I know we don't have any of those "make my day" laws here, but I thought WI wasn't a "duty to retreat if possible" state either...
If we are a "duty to retreat" state, it's hopefully very weak, and most any "reasonable" excuse renders the retreat duty void. I could have run for the back door, but had other family/children in the house, or believed that the intruder could harm me before I escaped etc.
I've never heard of a homeowner or victim being prosecuted for failure to retreat.
I'm going to post in L&P and take a poll to see what other WI THR's think. If we are a "duty to retreat" state, that's as horrible as our lack of CCW, and legislation to rectify that ought to be put through.
I agree that WI isn't a "castle state", I know we don't have any of those "make my day" laws here, but I thought WI wasn't a "duty to retreat if possible" state either...
If we are a "duty to retreat" state, it's hopefully very weak, and most any "reasonable" excuse renders the retreat duty void. I could have run for the back door, but had other family/children in the house, or believed that the intruder could harm me before I escaped etc.
I've never heard of a homeowner or victim being prosecuted for failure to retreat.
I'm going to post in L&P and take a poll to see what other WI THR's think. If we are a "duty to retreat" state, that's as horrible as our lack of CCW, and legislation to rectify that ought to be put through.
geekWithA.45
Moderator Emeritus
NJ...you guessed it...
NJ is a retreat state, although their laws around it are pretty muddy.
You must retreat "if possible", you needn't retreat if the encounter was "sudden, and the force used was necessary", but then theres some additional cryptic nonsense about not using force if they demand you abstain from taking some action you have no duty to take, etc, etc etc.
You are not required to actually retreat FROM your house, but the idea is that you have to let the bad guy chase you into the furthest closet before you can use force.
Of course, with vulnerable family members in the house, another clause kicks in, being allowed to defend them....or maybe I have to round them all up drag them into the closet with me...who knows.
It's a mess.
NJ is a retreat state, although their laws around it are pretty muddy.
You must retreat "if possible", you needn't retreat if the encounter was "sudden, and the force used was necessary", but then theres some additional cryptic nonsense about not using force if they demand you abstain from taking some action you have no duty to take, etc, etc etc.
You are not required to actually retreat FROM your house, but the idea is that you have to let the bad guy chase you into the furthest closet before you can use force.
Of course, with vulnerable family members in the house, another clause kicks in, being allowed to defend them....or maybe I have to round them all up drag them into the closet with me...who knows.
It's a mess.
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