Posted: 12/9/2008 7:08:37 PM EDT
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Does the "Castle" Law extend to your property like your yard? I know inside your home and your occupied vehicle. Does your "dwelling" also mean your yard? PROTECTION OF PERSONS AND PROPERTY ACT The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer. H.4301 (R412) was signed by the Governor on June 9, 2006. |
I'm just south of Great Falls, in the Mitford area, takes cops about twenty minutes at least to get here, sometimes that long just to get the damn dispatcher to get one on the line. Some neighbors that haven't been here as long as me used to call the cops when I would shoot around the house( wooded area, good backstop, no houses for at least 3 miles behind me), they quit when the cops would come out and shoot my guns with me. THe great falls cops are chester county and I live about 2 miles across the Fairfield line, so they never show up. I went to court for shooting one of my neighbors dogs that had tried several times to bite my son and my mother in our yard, and when the neighbor opened his mouth, the judge told me just to shoot him next time. Of course he was kidding, but the neighbors on both sides of me are troublemakers.
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This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle.
I'm not sure about what part of SC you're in but even my SC relatives would not consider dwelling, residence or occupied vehicle to mean out in the yard. |
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Quoted: Depends on the local DA, and case history.This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. I'm not sure about what part of SC you're in but even my SC relatives would not consider dwelling, residence or occupied vehicle to mean out in the yard. I can see it being interpreted as pertaining to curtilage, but not a front yard. |
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When use of deadly force was covered in my CWP class, the instructor said your right to deadly force on an intruder extends to the bounds of your property.
It's your property, the intruder doesn't belong there. With that said (I'm not a lawyer, nor do I play one in the movies), if some guy confronted me on my lawn, my first goal would be to deescalate the situation. I'd go inside and call the cops, while being prepared to defend myself if necessary. I would want the situation to show that I did everything I could to avoid deadly force until the other guy made it unavoidable. BTW, this policy (castle doctrine) has its roots in home invasions, not trespassing. |
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Probably a bad idea. I could not find any updates to the recent incident below but if they're applying this much scrutiny to a FBI agent you'd probably get a whole lot more depending on the circumstances.
FBI Agent Shoots Peeping Tom, Deputies Say Deputies: Agent, Man Scuffle Before Shooting POSTED: 10:13 am EST December 1, 2008 UPDATED: 12:11 pm EST December 1, 2008 FOUNTAIN INN, S.C. –– Greenville County deputies are investigating the shooting of a man by an FBI agent at her home on Friday night. Master Deputy Michael Hildebrand said the agent heard noises outside her Williams Street home and went outside to investigate them. He said the agent called deputies and tried to restrain the man when the two got into a scuffle. He said the agent then shot the man in the buttocks. Hildebrand said deputies arrived and found 60-year-old Ronnie William Pennington in the driveway of the agent’s home. Pennington was charged with peeping and aggravated assault and battery. Hildebrand would not release the agent's name and said the shooting appears to be justified. First Assistant U.S. Attorney Kevin McDonald expects the FBI to conduct an internal investigation. Special Agent Paul Jacobs of Greenville's FBI office would not discuss the shooting with The Associated Press. |
| That's normal inter-departmental scrutiny. I apoligize for the use of curbage instead of curtilage, but that's what I was trying to say from my ccw class. Of course, de-escalation is the goal and should be attempted if at all possible, but I wouldn't want to over think a dangerous situation to the point it costs me my life. You also have the same rights in any one elses yard as well if the owners give you such permission, such as if you have permission to carry on their property. I had to stop a home invasion on election day in 2006 in my neighbors yard across the street. I didn't have to shoot, but I did point and present. The officer at the scene told the guy,( who broke into another house later that night), that if I would have shot him under agressive, (his), circumstances, that I would have been well within my rights, especially since I carry at the neighbors house and have permission to do so as we are shooting buddies. I will support that or perhaps someone else will as soon as I find the ccw book. |
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No draw down on unarmed trespassers even if threatening to beat your ass. Now if they possess anything that could be considered a deadly weapon then use of deadly force is allowed. Have read discussions with no proven cases till the one just posted. Someone outside your secured home trying to kick the door in use of deadly force allowed. Once inside if they do not possess a deadly weapon then use of deadly force not allowed. FORCE USED= FORCE THREAT. I would like to see more info on the peeping tom incident. That all being said the best thing is use your best judgment for you and your family or anyone else that is invited on your property. Ask yourself is my life really in danger or am I just trying to be a badass. Speak to no one. Say over and over to yourself I was scared for my life. Hire a good lawyer. |
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Quoted: Probably a bad idea. I could not find any updates to the recent incident below but if they're applying this much scrutiny to a FBI agent you'd probably get a whole lot more depending on the circumstances. FBI Agent Shoots Peeping Tom, Deputies Say Deputies: Agent, Man Scuffle Before Shooting POSTED: 10:13 am EST December 1, 2008 UPDATED: 12:11 pm EST December 1, 2008 FOUNTAIN INN, S.C. –– Greenville County deputies are investigating the shooting of a man by an FBI agent at her home on Friday night. Master Deputy Michael Hildebrand said the agent heard noises outside her Williams Street home and went outside to investigate them. He said the agent called deputies and tried to restrain the man when the two got into a scuffle. He said the agent then shot the man in the buttocks. Hildebrand said deputies arrived and found 60-year-old Ronnie William Pennington in the driveway of the agent’s home. Pennington was charged with peeping and aggravated assault and battery. Hildebrand would not release the agent's name and said the shooting appears to be justified. First Assistant U.S. Attorney Kevin McDonald expects the FBI to conduct an internal investigation. Special Agent Paul Jacobs of Greenville's FBI office would not discuss the shooting with The Associated Press. Wonder why the peeping tom was not charged with resisting arrest and assault on a law officer. Would not the FBI agent have enough jurisdiction to arrest someone breaking the law. |
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Quoted:
When use of deadly force was covered in my CWP class, the instructor said your right to deadly force on an intruder extends to the bounds of your property. It's your property, the intruder doesn't belong there. With that said (I'm not a lawyer, nor do I play one in the movies), if some guy confronted me on my lawn, my first goal would be to deescalate the situation. I'd go inside and call the cops, while being prepared to defend myself if necessary. I would want the situation to show that I did everything I could to avoid deadly force until the other guy made it unavoidable. BTW, this policy (castle doctrine) has its roots in home invasions, not trespassing. It specifically says no retreat is needed. |