Question about IN code

[Otahyoni]

I apologize if this has been brought up before, or if this is in the wrong section.

I've been studying my states code.

Part reads: Link

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).

What would be considered 'reasonable belief'?

Also the bold line, if it were ever necessary to shoot in self defense (Lord knows i hope i never do), is this saying that, if ruled a lawful shooting, i could not be sued?

(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, curtilage, or occupied motor vehicle.

At what point does it become "unlawful entry"?

It also seems to me that subsection b would be the 'Castle Doctrine' and subsection b:2 would be a "Stand-your-ground clause", is this a correct assumption? If not, please correct me.

(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.

Reading further, this part confuses me. If im interpreting this correctly, this is saying, "Provided myself, or a third party are not in threat of serious harm or death, use of force is not legal"?

Please excuse the multiple questions, I'm still young and learning. I would like to have a complete knowledge of my states law before i break any of them, or are required to use any level of force.

 

[Otahyoni]

Looking in other codes, I came across another that i would like clarification on.

Applicability; conflicts
Sec. 1. (a) This chapter does not apply to the following:

(3) Indiana residents licensed to carry handguns under IC 35-47-2-3.

Since I am licensed to carry, does this mean I am not required to have a NICS background check? If not, do i show them my permit? How would i go about purchasing a handgun? I am hope to buy one soon.

 

[Top_Gunn]

The jury decides what's "reasonable." And anybody with enough money to pay the filing fee can sue you. Even if you win in the end, you'll have a very unpleasant and expensive experience. Don't shoot anybody unless there is absolutely no alternative.

 

[Otahyoni]

Don't shoot anybody unless there is absolutely no alternative.

That is exactly what i plan on doing, if possible. I also plan on avoiding any situations that might force me to make a decision like that, but danger cannot be avoided forever.

 

[El Tejon]

My, my, impressive questions, what we should expect on THR.

Reasonable belief=a objective/subjective standard. What would the "reasonable person" do in that given situation in those circumstances. I'll find the jury instruction (I'm at a coffee shop on my girlfriend's laptop computer).

Civil immunity=at last someone sees my argument! Have you considered running for judge?

Unlawful entry=when they are in the wire and you did not invite them in. However, remember, this may change given the fact pattern. If the criminal is standing at the curb of your street attacking your home with fire bombs or setting fire to your curtilage, then the area for the application of deadly force has broadened. It can change the other way as well. E.g. the UPS man comes to deliever your wife's order from Pottery Barn (I'll just put this inside), this does not make him eligibile for the application of deadly force.

Castle Doctrine=wad this phrase up and forget it. The media has so deliberately screwed this phrase up that it gets gun owners in trouble.

No duty to retreat=Indiana has not had a duty to retreat since 1865 when the Supreme Court of Indiana stated that real killing started when one side turned and ran (gee, wonder what was going on in the early 1860s that would cause them to realize that?). However, since Florida or other states with large electoral votes are always the "first in the nation" to do something (just ask the media), the General Assembly just had to recodify our "no duty to retreat" rulings.

The 3 situations where self-defense is disallowed in Indiana=a fair codification of the common law's prohibition on criminals and bullies claiming self-defense.

How far are you from Lafayette? Wildcat Creek Rifle and Pistol Club in Brookston is having a home/self-defense course the last weekend of April. The director has given me a couple of hours to talk. It's always beneficial.

 

[Otahyoni]

My, my, impressive questions, what we should expect on THR.

Why, thank you! I do try and do something productive once in a while.

Civil immunity=at last someone sees my argument! Have you considered running for judge?

So i understand that correctly? And no, I have not given consideration to be a judge. Theres a sign not far from my house that reads:

We are called to be witnesses, not lawyers or judges.

This is a sign owned by a local church.

Unlawful entry=when they are in the wire and you did not invite them in. However, remember, this may change given the fact pattern. If the criminal is standing at the curb of your street attacking your home with fire bombs or setting fire to your curtilage, then the area for the application of deadly force has broadened. It can change the other way as well. E.g. the UPS man comes to deliver your wife's order from Pottery Barn (I'll just put this inside), this does not make him eligible for the application of deadly force.

Id say he's got a helluva arm if he could hit my house, its 1/4 mile off the road. Which also makes it easier to identify trespassers. The trespassers i am most concerned about in this area would be meth users. We've been lucky so far and not had anyone on our property uninvited. *knock on wood*

So a safe bet would be to not fire unless my own, or a family members life is in danger? I would hope that in a situation like this, the presence of a gun would be a deterrent enough to not be required to actually fire the gun.

Castle Doctrine=wad this phrase up and forget it. The media has so deliberately screwed this phrase up that it gets gun owners in trouble.

I will heed your advice. I dont like being in trouble.

How far are you from Lafayette? Wildcat Creek Rifle and Pistol Club in Brookston is having a home/self-defense course the last weekend of April. The director has given me a couple of hours to talk. It's always beneficial.

I am about 1:30 to 1:45hrs away. I might have to make plans to attend. Are there any costs involved? Also, could i have a street address to Google?

Thank you very much El T for you input!

*Side note* I've notice I have a completely different way of speaking (typing) when im on here. I usually slur a bit while speaking and am normally not the best at spelling. THR seems to bring out a little better side of me. Thanks guys(and gals)!

 

[txgho1911]

Sir Tejon,
Is there a notice list or posting location for this type of training/edu opportunity in Indiana I am not aware of? Is this open door or signup?

 

[mekender]

basically you can shoot to save yourself or someone else from severe bodily harm... or to prevent the commission of a violent felony (rape, robbery, arson etc....)

you can shoot to stop someone from entering your house by forceful means, but not if they are attempting to get out of your house...

you cannot shoot someone if you started a fight with them, nor can you get into a duel on the front lawn...

 

[RODS]

El T, I would like to know more about the class as well. What date, Time and address or location, Can you just show up or do you need to pre-register?

 

[Siderite]

El Tejon,
would this talk be open to members of the Purdue Rifle and Pistol Club? if so, would you mind if I pass the information along?
Thanks,
Siderite

 

[loki.fish]

Looking in other codes, I came across another that i would like clarification on.


Quote:
Applicability; conflicts
Sec. 1. (a) This chapter does not apply to the following:

(3) Indiana residents licensed to carry handguns under IC 35-47-2-3.

Since I am licensed to carry, does this mean I am not required to have a NICS background check? If not, do i show them my permit? How would i go about purchasing a handgun? I am hope to buy one soon.

You'll need an NICS check every time you buy a firearm. The State police don't do a NICS check when you get your carry permit anymore.