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California tries to tear down the Castle Doctrine
American Thinker ^ | 8 Mar, 2025 | Mike McDaniel

Posted on 03/08/2025 5:34:55 AM PST by MtnClimber

A few decades ago the movement for concealed carry began. Anti-liberty/gun cracktivists were outraged. There would be wild west gunfights everywhere! The streets would run with blood! Of course, none of that happened. More recently, the Constitutional Carry movement caught fire, and the same predictions of blazing gunplay were made and failed to materialize. More than half the states allow constitutional carry and every state allows concealed carry of some sort. No state that has adopted concealed or constitutional carry has repealed either.

Constitutional Carry means any citizen not otherwise disqualified by law—adjudicated mental illness, felony convictions, etc.--can carry concealed weapons without government vetting or permits as the Founders intended. Many still get permits, which are necessary for reciprocity with surrounding states.

Another pro-liberty innovation has been Castle Doctrine laws, which ten states currently enjoy. Generally, Castle Doctrine laws remove any obligation to retreat from an intruder in the home which makes all kinds of sense. Why should a victim of a hot burglary be forced to abandon their home, family and possessions to a violent criminal? Most burglars absolutely avoid hot burglaries—when residents are home—and those that don’t are among the most violent and dangerous criminals.

Such laws also commonly feature the presumption that someone lawfully entering a home isn’t there for good and lawful purposes, and whatever force is necessary may be used against them. They also commonly immunize citizens who defend themselves and their families from prosecution and civil liability. This is a good thing as the relatives of dead violent criminals often suddenly discover the departed were irreplaceable assets to humanity and minutes from receiving a declaration of canonization from the Vatican.

Castle Doctrine laws arguably overlap Stand Your Ground Laws, which 27 states enjoy. They’re not residence specific and feature essentially the same benefits

(Excerpt) Read more at americanthinker.com ...


TOPICS: Society
KEYWORDS: 2a; banglist; california; rkba; selfdefense; treasury

1 posted on 03/08/2025 5:34:55 AM PST by MtnClimber
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To: MtnClimber

The left identifies more with the criminal than with the victim.


2 posted on 03/08/2025 5:35:12 AM PST by MtnClimber (For photos of scenery, wildlife and climbing, click on my screen name for my FR home page.)
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To: MtnClimber

We need a self defense amendment.


3 posted on 03/08/2025 5:36:27 AM PST by Bayard
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To: MtnClimber

I will argue the left believes in complete freedom to do as you please, including the freedom to enter one’s home with no fear of bodily harm.

There are no criminals if there are no legitimate criminal laws.


4 posted on 03/08/2025 5:39:41 AM PST by bert ( (KE. NP. +12) Where is ZORRO when California so desperately needs him?)
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To: MtnClimber

The left identifies more with the criminal than with the victim.


Correct. To the Left, criminals are proto-revolutionaries.


5 posted on 03/08/2025 5:40:53 AM PST by marktwain
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To: MtnClimber

The Peoples Republic of Maryland is sure trying to repeal cc.


6 posted on 03/08/2025 5:44:58 AM PST by sauropod (Make sure Satan has to climb over a lot of Scripture to get to you. John MacArthur Ne supra crepidam)
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To: MtnClimber

You really need to read the highly suppressed and now out of print 1982 Senate report on the RKBA. I have a paper copy from the US Government printing office.

Here is an on line copy.
https://guncite.com/journals/senrpt/senrpt.html

“The conclusion is thus inescapable that the history, concept, and wording of the second amendment to the Constitution of the United States, as well as its interpretation by every major commentator and court in the first half-century after its ratification, indicates that what is protected is an individual right of a private citizen to own and carry firearms in a peaceful manner.”

19th century cases
16. * Wilson v. State, 33 Ark. 557, at 560, 34 Am. Rep. 52, at 54 (1878).

“If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the (p.17)penitentiary and gallows, and not by a general deprivation of constitutional privilege.”

17. * Jennings v. State, 5 Tex. Crim. App. 298, at 300-01 (1878).

“We believe that portion of the act which provides that, in case of conviction, the defendant shall forfeit to the county the weapon or weapons so found on or about his person is not within the scope of legislative authority. * * * One of his most sacred rights is that of having arms for his own defence and that of the State. This right is one of the surest safeguards of liberty and self-preservation.”

18. * Andrews v. State, 50 Tenn. 165, 8 Am. Rep. 8, at 17 (1871).

“The passage from Story (Joseph Story: Comments on the Constitution) shows clearly that this right was intended, as we have maintained in this opinion, and was guaranteed to and to be exercised and enjoyed by the citizen as such, and not by him as a soldier, or in defense solely of his political rights.”

19. * Nunn v. State, 1 Ga. (1 Kel.) 243, at 251 (1846).

“’The right of the people to bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State.”

And the SCOTUS case that led to the Civil War..

Are Negros citizens...Dred Scott
“It would give to persons of the negro race, who are recognized as citizens in any one state of the Union, the right to enter every other state, whenever they pleased.... and it would give them full liberty of speech in public and in private upon all subjects upon which its own citizens might meet; to hold public meetings upon political affairs, and to KEEP AND CARRY ARMS wherever they went.”
Paragraph 77 in the link below.

http://www.law.cornell.edu/supct/html/historics/USSC_CR_0060_0393_ZO.html


7 posted on 03/08/2025 5:54:07 AM PST by Ruy Dias de Bivar
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To: MtnClimber

The supporters of the kleptocracy, political assassination, election fraud, government corruption—what else would anyone expect!


8 posted on 03/08/2025 5:57:09 AM PST by Savage Beast (There's a Light over the Whole World. I just want everybody to be happy, healthy and well. --DJT)
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To: bert

Yes the left believes everyone should do as they please and mandate it as such.


9 posted on 03/08/2025 6:37:50 AM PST by cnsmom
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To: MtnClimber

“Shoot, shovel, shut up” works.


10 posted on 03/08/2025 6:41:03 AM PST by FlingWingFlyer (SCOTUS stuck it to Americans again. Africa and other failed communist dumps are our responsibility.)
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To: cnsmom

.
Now Evil will have no worries about breaking into your home.
What could possibly go wrong.


11 posted on 03/08/2025 6:41:27 AM PST by CoastWatcher
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To: MtnClimber

If only we had a Constitutional Amendment guaranteeing Equal Protection under the Law for all in the USA, we wouldn’t be talking about this.

To me, equal protection under the law means ALL LAWS SHALL APPLY TO ALL PEOPLE WITHOUT EXCEPTION. NO EXCLUSIONS, NO EXEMPTIONS, NO IMMUNITIES FOR ANY PERSON FOR ANY REASON UNDER ANY CIRCUMSTANCES.

If it is Just and Good law, then it applies to ALL.

The Law, Bastiat.


12 posted on 03/08/2025 6:56:12 AM PST by eyeamok
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To: Ruy Dias de Bivar

Great source, thank you. I hadn’t seen it.


13 posted on 03/08/2025 7:12:51 AM PST by Carry_Okie (The tree of liberty needs a rope.)
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To: MtnClimber

If we were wise, we would amplify self defense rights.


14 posted on 03/08/2025 7:20:41 AM PST by lurk (u)
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To: MtnClimber

Open carry was the practice in CaCaLand until some uppity blacks showed up armed at some courthouse a few decades back. Ooh, can’t have that! A new law was passed that week.

So, now no carry is the law — unless you pay off the local sheriff to let the guards of politicos and celebrities conceal carry.

There is no 2nd amendment in CaCaLand. You can protect your family only until the commie trash gov’mt finds out.


15 posted on 03/08/2025 7:33:50 AM PST by bobbo666
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To: MtnClimber
Castle Doctrine laws, which ten states currently enjoy ........ Stand Your Ground Laws, which 27 states enjoy

Curious. How can you have one without the other?

16 posted on 03/08/2025 7:36:02 AM PST by LouAvul (1 John 2:22: He that denies that Jesus is the Christ is a liar and antichrist. )
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To: MtnClimber
The left identifies more with the criminal than with the victim

Not quite. The left is insulated from crime with their gate communities and armed guards.

What they truly identify with is the Nationalsozialist Party. NAZIs. But they've hidden that in the form of treasonous RINO congressmen and high profile celebrities with beautiful smiles.

17 posted on 03/08/2025 7:40:10 AM PST by LouAvul (1 John 2:22: He that denies that Jesus is the Christ is a liar and antichrist. )
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To: MtnClimber
The left identifies more with the criminal than with the victim.


18 posted on 03/08/2025 9:22:03 AM PST by MacNaughton
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To: FlingWingFlyer
“Shoot, shovel, shut up” works.

You need a really good friend to help you move the body and it is difficult to clean up the hallway before some nosy authorities arrive on scene. Gotta be quick.

I suppose there are a few readers in this forum who could manage this situation.

19 posted on 03/08/2025 9:46:54 AM PST by flamberge (The times, they are a' changing.)
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To: flamberge

LOL, the best definition of a “friend”...

A friend will help you bury a body and not ask questions.


20 posted on 03/08/2025 9:47:49 AM PST by dfwgator (Endut! Hoch Hech!)
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