Shoot First Law in CA

Status
Not open for further replies.

JDThorns

Member
Joined
Mar 8, 2004
Messages
13
Location
Central Ca
This is the first time I have heard of this one. How about anyone else? Any truth to it or is it just more propaganda. I have done a search but found nothing. I did give them my opinion on it even though it will not do any good.
But it would sure be great if it did pass.



In October, Florida became a very dangerous place, and if the National Rifle Association (NRA) gets its way, California will be next.

On October 1, the Shoot First Law went into effect in Florida, giving the people of Florida permission to use deadly force as a FIRST resort, even in a public place. The law grants sweeping criminal and civil immunity to anyone who pulls the trigger when they feel "threatened" -- and specifically denies legal recourse to innocent bystanders killed or wounded in the crossfire, even if the shooter acted negligently.

Click here to tell Governor Schwarzenegger that "Shoot First" is a horrible policy idea for California: http://go.care2.com/65597

But the Shoot First doctrine isn't just staying in Florida -- the NRA has made no bones about the fact that it plans to export Shoot First legislation to all 50 states in 2006. This is about to become a national disgrace, and will take us back to the days of the Wild West -- unless you get involved.

Our partners at Working Assets have put together an easy way for you to tell your Governor to "Keep Shoot First out of our state" -- and we encourage you to click the link below to get this important message to Governor Schwarzenegger.

Click here to take action with the Brady Campaign and keep "Shoot First" from becoming law in California: http://go.care2.com/65597
 
JD,

Welcome.

Unfortunately you've gotten some bad information. That law is NOT shoot first. It is mearly a rational extension of the 'Castle Doctrine' in that if you are attacked your home, you don't have to run away.

Florida extended that principal. It in no way, as the irrational Brady Campaign would like you to believe, allows you to attack first or even attack someone if 'they look at you funny'. Florida extended it to your person.

If you check the criminal codes you might find the 'Castle Doctrine' in CA, also.
 
I like the law, I should not have to run like a chicken with it's head cut off. Shooting is a last resort but I should not have to abandon my property to theives, I shouldn't have to fit some prosecutors idea of if I had other options. I don't want to shoot someone any more then the next guy, but god forbid the need ever arises I should not have to worry about going to jail for it public place or not.

And it isn't shoot first no questions to my understanding. It is a reasonable match of force. You can't jsut shoot because someone looks at you cross eyed or says some unkind things to you. There needs to be actual reason to feel you are in danger.
 
This is the first time I have heard of this one. How about anyone else? Any truth to it or is it just more propaganda. I have done a search but found nothing. I did give them my opinion on it even though it will not do any good.
But it would sure be great if it did pass.

From the CA Penal Code.

198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.

As used in this section, great bodily injury means a significant
or substantial physical injury.
 
I'm not a lawyer etc....

My understanding is that there is no requirement to retreat in California. As pointed out earlier, inside your house gives you a bit stronger position.
 
georgeduz said:
my wife scares the hell out of me


Not good enough. :neener:


pilgrim said:
...when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.

Emphasis by larryect
 
I believe the actual text used in the law is "stand your ground", which makes more sense in inumerable ways.
 
The anti gun lobby is on it's ears on this one!!! :D I say Kudos to Florida, and hopefully this will pass in CA. People SHOULD have the right to defend themselves if they are attacked.
 
Status
Not open for further replies.
Back
Top