Posted on 02/06/2006 11:35:25 AM PST by neverdem
The law says you must act like a coward. In your own home. Even when your life is threatened.
Many states have criminal-friendly "duty to retreat" laws. A victim in his house is mandated to retreat from an attacker until he is cornered. Only then is the prey allowed to use lethal force on the predator. Prosecutors in those states have been known to victimize the victim (such as charging him with manslaughter) who prefers to fire back rather than to back off.
The National Rifle Association has been trying to end the insanity state by state.
Florida came to its senses last year. It enacted a law based on the "Castle Doctrine" -- that one's home is one's castle. A person now is not legally required to be hunted down room by room by an intruder before the victim pulls the trigger. The law allows the victim to shoot back without fear of being prosecuted for being overzealous about protecting his life. And it prohibits criminals from suing their more aggressive victims. All their victims, actually.
"Somebody should not be twice victimized, first by the assailant and then by the legal system trying to destroy his life," says Larry Pratt, executive director of Gun Owners of America, the largest organization representing gun owners after the NRA.
But the Florida law does more.
Car-jackers beware; now one's car is his mobile castle. And better still, if a victim is not in a home or car, now he legally can use deadly force. Sunshine State criminals without a death wish might want to consider career counseling. Or take Horace Greeley's advice to go west. But if they do, they had better hurry.
Wyoming is the latest battleground. The NRA is lobbying there and in 11 other states to repeal duty-to-retreat laws...
(Excerpt) Read more at pittsburghlive.com ...
Besides, juries love it when home intruders get shot.
We've got a real Conservative DA here in York County, who has never indicted a home defender, that I can remember.
There was an incident here a few years ago, where a guy ith a tire iron had smashed a motorist's car window, and was bashing him with it. He was shot 3 times, and the shooter was never indicted.
I answer my front door with my 1911A1 .45cal, concealed behind the door, after all the home invasions we're had in the Lancaster and York areas, in the past 2 years. Just to be safe.
Better to be tried by 12, than carried by 6.
Does anyone know what states have "duty to retreat" statutes?
I would like to know which states to avoid.
We've got a real Conservative DA here in York County, who has never indicted a home defender, that I can remember.
There was an incident here a few years ago, where a guy ith a tire iron had smashed a motorist's car window, and was bashing him with it. He was shot 3 times, and the shooter was never indicted.
I answer my front door with my 1911A1 .45cal, concealed behind the door, after all the home invasions we're had in the Lancaster and York areas, in the past 2 years. Just to be safe.
Better to be tried by 12, than carried by 6.
Whoops, sorry for the double post.
And the gun-control lobby insisted that the law in Florida would make Disney World look like the O.K. Corral.
Didn't happen.
Try www.packing.org and enter your state from the pull-down menu, at top left.
"Retreating is what I'll be doing when I go into the kitchen to grab 2 fingers of single malt to calm my nerves after I've shot (until he/she quits moving) an intruder found on the inside of my abode."
Thats right, rest up with a little booze to take the "edge off". You gotta long night ahead of you: gutting, sawing, digging, filling back in the dirt. Then you gotta clean the house and get ready for work the next morning.
No need to involve the cops ... they have enough to worry about.
Texas Penal Code
CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
Subchapter B
§ 9.21.
(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.
I'll take my chances with a jury over a thug criminal every time.
Self defense ends recidivism every time.
Works for me ... I've never seen a case in this wonderful state where the shooting of a burglar wasn't no-billed.
Seems to me a homeowner in Iowa was charged for shooting an intruder during a breakin. This was several years ago, I think. I don't remember the outcome.
Can anyone confirm this? I can't so far.
CHAPTER 9. JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY
Subchapter B
§ 9.21.
(c) The use of deadly force is not justified under this section unless the actor reasonably believes the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.
Inquiring minds wanted to know!
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