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Double fatal shooting in San Marcos may fall under Castle Doctrine
KVUE News ^ | Friday, September 4, 2009 | NOELLE NEWTON

Posted on 09/05/2009 9:24:04 AM PDT by lqcincinnatus

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To: wolf24

Thats because the Uk has turned into a pussy state run by feel good goofballs and ragheads.
It is known that if person or persons enters a house where they know there are people inside at the time, that the invaders are most likly hardcore criminals who will kill at the drop of the hat. They are terrorists that use violence to achieve what they want. They will tie up everyone, beat the males and rape the females{sometime they will rape the males as well} The cop of the street will tell you off the record to fight with every means you have. They will also tell you to buy a gun and know how to use it.
As many of you may know, My city, Pittsburgh is hosting the G20 summit. Durning that time, the local PD will be thin because of the est 100,00 protestors and other morons inavding the city. My house will go to DEFCON 2, weapons will be loaded and ready for use against any of those pirates who might think it would be a good time to try a home invasion.


41 posted on 09/05/2009 10:05:30 AM PDT by Yorlik803 ( If this be treason, then lets make the best of it.)
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To: Drew68

In North Carolina you can use deadly force to prevent an intruder from breaking into your home, but once he is inside you would have to let him take your HDTV and go, if that was his only intent.


42 posted on 09/05/2009 10:07:27 AM PDT by Big_Harry ( Thank God I am an "Infidel"!)
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To: UKTory
"I’ve no idea what you mean by ‘formal recommendations’ but there is no such requirement in English law."

Does it really matter what the law is in the UK? Since handguns are persona non grata in England, you're going to have to use a baseball bat cricket mallet to defend yourself and your livelihood. I'm guessing most people are going to wait for the equally unarmed bobbies to arrive and hide in the closet with them.

43 posted on 09/05/2009 10:07:51 AM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: lqcincinnatus
“I’m sure it was in self-defense, but I’m very against that because they took two lives and who knows if this kid in the hospital is going to survive,” student Alejandro Salazar said.

Mr Salazar continued, “The home invasion business is hard enough; having to work at night and all. It makes it even harder when people think it's okay to shoot at us. We are people too! And we are not covered by OSHA rules.”

44 posted on 09/05/2009 10:11:00 AM PDT by GrannyAnn
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To: MNJohnnie

The D.A. here in Mecklenburg County, North Carolina has made a statement that anyone using Glaser safety slugs for home defense will face a murder charge (multiple wound channels, no plugging!). He is a liberal whoos!


45 posted on 09/05/2009 10:11:16 AM PDT by Big_Harry ( Thank God I am an "Infidel"!)
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To: ElkGroveDan

If someone breaks into my home, I’m not waiting to ask if they’re armed before shooting them.


46 posted on 09/05/2009 10:14:16 AM PDT by Kimberly GG
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To: lqcincinnatus
It gives homeowners the right to defend themselves with deadly force

Gee, that's funny, when I was a kid that was a "right" that was assumed. In fact, it's the very first right anyone has: to protect themselves in their dwelling.

Sorta defines the concept of "private property".

But that was 50 years or more ago.

I guess things changed in the interim....now you have to ask a bunch of politicians if it's OK to defend your life?

47 posted on 09/05/2009 10:14:49 AM PDT by Regulator (Welcome to Zimbabwe! Now hand over your property)
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To: Yorlik803

May be covered under the new “Castle Doctrine?” MAY...???

This is exactly what the law was intended to cover and justify. I don’t get where the “may” part comes in. It seems perfectly clear to me.

“If someone breaks into your house, in Texas, you shoot them....”

Absolutely. I was talking with my brother who is involved in both state and local law enforcement and his opinion was that 90% of law enforcement officials in the state when responding to a home/self defense shooting would arrive and their first question would be “Is he still alive or do you need to shoot him again to make sure?”


48 posted on 09/05/2009 10:15:17 AM PDT by JoenTX (do it lo)
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To: lqcincinnatus

Carry in your vehicle was authorized in 07. Castle Doctrine has nothing to do with that.


49 posted on 09/05/2009 10:24:03 AM PDT by Spktyr (Overwhelmingly superior firepower and the willingness to use it is the only proven peace solution.)
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To: MNJohnnie
I was speaking of common law. Historically, I am quite correct. What labels may have been applied to particular provisions of a law in a particular jurisdiction were outside the realm of my comment.

§ 8.03 Retreat Rule [A] Common Law – If a person can safely retreat and, therefore, avoid killing the aggressor, deadly force is unnecessary. Nonetheless, jurisdictions are sharply split on the issue of retreat. A slim majority of jurisdictions permit a non-aggressor to use deadly force to repel an unlawful deadly attack, even if he is aware of a place to which he can retreat in complete safety. Many jurisdictions, however, provide that a non-aggressor who is threatened by deadly force must retreat rather than use deadly force, if he is aware that he can do so in complete safety.

A universally recognized exception to the rule of retreat is that a non-aggressor need not ordinarily retreat if he is attacked in his own dwelling place or within its curtilage [the immediately surrounding land associated with the dwelling], even though he could do so in complete safety.

http://www.lexisnexis.com/lawschool/study/outlines/html/crim/crim08.htm

50 posted on 09/05/2009 10:28:56 AM PDT by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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To: OldDeckHand

Croquet mallet.

Cricket bat. Edge on it could do a good deal more damage than a baseball bat.


51 posted on 09/05/2009 10:32:32 AM PDT by Sherman Logan ("The price of freedom is the toleration of imperfections." Thomas Sowell)
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To: GovernmentShrinker

>>”I’m sure it was in self-defense, but I’m very against that because they took two lives and who knows if this kid in the hospital is going to survive,” student Alejandro Salazar said.

Upon reading this story, the reader automatically sympathizes with, and imagines himself in the place of, one of the parties.

Most FReepers see themselves as the innocent PREY. Salazar sees himself in the role of PREDATOR.

DG


52 posted on 09/05/2009 10:35:29 AM PDT by DoorGunner ("...and so, all Israel will be saved")
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To: Sherman Logan; Straight Vermonter
It goes WAY back into the history of common law. Its purpose was to avoid the common situation, probably much more common at the time, where two men get into a confrontation, it escalates to violence and one kills the other.

To expand on what you said, the old English Common Law drew a distinction between an affray (a violent fight between two ore more people) and a felony.

In a situation where there was an argument, or a drunken brawl, you had a duty to disengage if possible and leave the fight. The reason for this was to avoid killings between otherwise-law-abiding citizens in the heat of passion.

This did NOT apply for the case of violent robbery, rape, etc, where the killing of the felon was considered a positive social good.

At some point the law lost the distinction between behavior appropriate when caught in an affray, and behavior appropriate to defend against felony.

53 posted on 09/05/2009 10:36:00 AM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: GovernmentShrinker

choice is one heck of a predicament ... to choose to break and enter a household, and being armed as well is not a way to make me believe they wanted to have tea and crumpets wtih the owners.

There are consequences for all actions.

Sadness. To bad the third one wasn’t put down permanently on site as well. Do you imagine his humana health care is paying his hospital bills. oh, I forgt .. the occupation arem robber probably does not require the employer to carry health insurance on its employees.

tax payer takes it in the azz again


54 posted on 09/05/2009 10:37:01 AM PDT by HiramQuick (work harder ... welfare recipients depend on you!)
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To: GovernmentShrinker

Mr. Salazar believes, if you die and no one else, that’s better than two (robbers)dying.


55 posted on 09/05/2009 10:38:03 AM PDT by philetus (Keep doing what you always do and you'll keep getting what you always get.)
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To: lqcincinnatus
"It's fairly new on the law books and not everyone agrees with it"

We have a 'Castle Law' in Alabama too and I don't know anyone who disagrees with having it.

56 posted on 09/05/2009 10:38:11 AM PDT by blam
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To: MNJohnnie

Interestingly, the new law was needed because the prior law permitted you to use deadly force to protect your NEIGHBOR’s home and belongings, but not your own!


57 posted on 09/05/2009 10:39:23 AM PDT by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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To: CTOCS

“who knows if this kid in the hospital is going to survive”
When Lice are a menace one must also eliminate the nits!!!


58 posted on 09/05/2009 10:40:12 AM PDT by GOYAKLA
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To: DoorGunner
Salazar sees himself in the role of PREDATOR.

Or at least feels more solidarity with a predator of his own ethnicity than a victim not of his ethnicity. A formula for civil war with unassimilable ethnicities.

59 posted on 09/05/2009 10:41:30 AM PDT by PapaBear3625 (Public healthcare looks like it will work as well as public housing did.)
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To: lqcincinnatus

Only someone writing for an Austin-area station could even question whether this shooting was justified;
around here, we’d consider that the shooter did a public service akin to picking up and disposing of trash along the highway...

And this “Luling,” the young thugs were from: Is that Luling the New Orleans suburb?


60 posted on 09/05/2009 10:42:15 AM PDT by Redbob (W.W.J.B.D.: "What Would Jack Bauer Do?")
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