Killer sets trap, says its "stand your ground"

[srlip]

it IS a risk to you if you're standing between them and their exit, and they MOVE. Besides, why put the body disposal on the tax payers, hmm? after all it's YOUR property and YOU shot them.

 

[koshergrl]

It's a risk if they view you as a threat, or if they're just willing to shoot you.

Get real. People who will watch your property and sneak past your bed to steal something from you are a danger.

 

[koshergrl]

And the law recognizes this. That's why you get a stiffer sentence for shooting somebody during the commission of a crime than you do just for shooting somebody.

 

[Lonestar_logic]

Use of deadly force for unlawful entry is not authorized by Montana law. It must accompany real threat of bodily injury, loss of life or forcible felony.

Could be true, I don't know. Each state has it's own version of the castle doctrine. Some mean little to nothing, and others give wide range of options when dealing with criminals.

My opinion..... is that if someone enters your home, you should be absolutely free to defend it.

The idea that someone could in theory break in, start ransacking the place, and when you confront them, as long as they don't pose a "real threat of bodily injury, loss of life or forcible felony", then they are free to waltz right out, leaving you to pick up the disaster that was once your home.... to me is sick and disgusting.

How our pathetic wimp of a society got to the point where we care more about the life of a criminal, the lives of innocent people ruined, is insane.

We used to hang people for stealing cows. Now some scum bag can walk into your home, wreck everything you own, and then say "Hey, can't touch me! I didn't threaten! Ha ha! See you later!" Really? Really? You left leaning idiots, this is the America you want? This is what you defend?

Makes me sick.

The law says you can defend your home & stuff even meeting force with force. It just means you can't kill them until you are or feel threatened.

Yes each state has different laws. In Texas you can shoot someone just for stealing from your home, only at night. You can even shoot them in the back as they are carrying your stuff out of the door at night.

Show me in the Castle Law statute where it says "only at night".

 

[KissMy]

Could be true, I don't know. Each state has it's own version of the castle doctrine. Some mean little to nothing, and others give wide range of options when dealing with criminals.

My opinion..... is that if someone enters your home, you should be absolutely free to defend it.

The idea that someone could in theory break in, start ransacking the place, and when you confront them, as long as they don't pose a "real threat of bodily injury, loss of life or forcible felony", then they are free to waltz right out, leaving you to pick up the disaster that was once your home.... to me is sick and disgusting.

How our pathetic wimp of a society got to the point where we care more about the life of a criminal, the lives of innocent people ruined, is insane.

We used to hang people for stealing cows. Now some scum bag can walk into your home, wreck everything you own, and then say "Hey, can't touch me! I didn't threaten! Ha ha! See you later!" Really? Really? You left leaning idiots, this is the America you want? This is what you defend?

Makes me sick.

The law says you can defend your home & stuff even meeting force with force. It just means you can't kill them until you are or feel threatened.

Yes each state has different laws. In Texas you can shoot someone just for stealing from your home, only at night. You can even shoot them in the back as they are carrying your stuff out of the door at night.

Show me in the Castle Law statute where it says "only at night".

I have shown you before, but you are thick. Here again is the night time property law, explanation, & actual case in the news.

Texas Penal Code Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.

Texas Castle Doctrine and Stand Your Ground 101

NYT - When You Can Kill in Texas

There are 4 States that I know of that allow deadly force to protect property. Those are Georgia, Illinois, Indiana & Texas.

 

[jon_berzerk]

Montana has a castle law with a “stand-your-ground” clause. Under the law, the use of deadly force is permissible to prevent forcible felonies from being committed in one’s home or to protect against assault within one’s home.

The statute reads:

45-3-103. Use of force in defense of occupied structure.

. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.

. (2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:

. . (a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or

. . (b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

the castle doctrine is the castle doctrine

you have no duty to retreat from your own home

the appropriate syg Montana code is 45-3-110

No duty to summon help or flee. Except as provided in 45-3-105, a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force. The provisions of this section apply to a person offering evidence of justifiable use of force under 45-3-102, 45-3-103, or 45-3-104.

45-3-110. No duty to summon help or flee.

Use of deadly force for unlawful entry is not authorized by Montana law. It must accompany real threat of bodily injury, loss of life or forcible felony.

bs reasonably believes nothing in the law says (real threat)

45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

History: En. 94-3-103 by Sec. 1, Ch. 513, L. 1973; R.C.M. 1947, 94-3-103; amd. Sec. 1644, Ch. 56, L. 2009; amd. Sec. 4, Ch. 332, L. 2009.

45-3-103. Use of force in defense of occupied structure.

 

[Lonestar_logic]

The law says you can defend your home & stuff even meeting force with force. It just means you can't kill them until you are or feel threatened.

Yes each state has different laws. In Texas you can shoot someone just for stealing from your home, only at night. You can even shoot them in the back as they are carrying your stuff out of the door at night.

Show me in the Castle Law statute where it says "only at night".

I have shown you before, but you are thick. Here again is the law, explanation, & actual case in the news.

Texas Penal Code Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.

Texas Castle Doctrine and Stand Your Ground 101

NYT - When You Can Kill in Texas

You are assuming there is no other justification under Section 9.41 would apply. Personally, any one that breaks into my home day or night will be met with deadly force.

Can you cite any specific cases where a homeowner was charged with murder for killing a day time burglar?

 

[KissMy]

Show me in the Castle Law statute where it says "only at night".

I have shown you before, but you are thick. Here again is the law, explanation, & actual case in the news.

Texas Penal Code Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY.

Texas Castle Doctrine and Stand Your Ground 101

NYT - When You Can Kill in Texas

You are assuming there is no other justification under Section 9.41 would apply. Personally, any one that breaks into my home day or night will be met with deadly force.

Can you cite any specific cases where a homeowner was charged with murder for killing a day time burglar?

No I have not found a case yet. Can you find one where someone shot a non life threatening daytime thief in Texas & was not charged?

ccwvslaw states the following:

Two points are often forgotten. First, your breaking even an apparently trivial or irrelevant law (such as having an open container, carrying a weapon into a forbidden place, or even going shoeless into a mall with signs “shoes required”) will be used by the prosecution to show that you are inherently evil. Second, caselaw counts more than statute. For example, a Texas statute allows you to shoot a non-threatening sneak thief stealing something from your property after dark. But Texas judges have consistently refused to instruct juries about this statute, resulting in criminal convictions for doing just that. And judges’ refusals have been consistently upheld by the Texas Supreme Court. In short, the law is what judges say it is, not what the legislature wrote down. That is why people hire lawyers–they know caselaw.