Comment on As burglars torment L.A. neighborhood, anxious residents consider buying guns, hiring security
HelixDab2@lemm.ee 3 months agoBurglary is a property crime. In most states, you are not legally permitted to use lethal force to defend property. A home invasion is not generally going to be classified as a burglary. In the cases that they’re largely discussing in the article, these were property crimes committed when the homeowner was not present, and as such the homeowner was never at risk; castle doctrine simply doesn’t apply.
I have no issues with people using firearms of their choice to defend their own lives or the lives of other people, but that’s not what this is.
wintermute_oregon@lemm.ee 3 months ago
We are talking about California since that is what the article is about.
A home invasion would be a burglary under the law. Entering a home to commit a felony is the definition of burglary.
Castle doctrine is relevant since they are entering their homes.
I have no issues with someone shooting someone entering their home to commit a crime as the law allows. Don’t break into another persons home.
HelixDab2@lemm.ee 3 months ago
IF you’re currently home when they break in.
But let’s say you have security cameras that stream to your phone, and you see someone breaking in. You rush home and shoot them. Congrats, you’re catching a murder charge. Castle doctrine doesn’t mean you can shoot any person that breaks into your home, it means that you don’t have a duty to retreat when you’re in your own home. Castle doctrine can extend to cars if you’re currently in the car in some jurisdictions, but does not usually include, for instance, detached garages. Nor does it typically extend to someone breaking into your parked car that you aren’t occupying. Check your local laws; all states have some version of castle doctrine.
Home invasions are very rare compared to burglaries. Thieves aren’t usually interested in getting into an altercation with a home owner.
Now, if you will excuse me, it’s time for me to do my dry fire practice.
wintermute_oregon@lemm.ee 3 months ago
Depends on your state. You should read California penal code 198.5. It contradicts what you claim.
HelixDab2@lemm.ee 3 months ago
I would very strongly suggest that you consult an attorney, because that doesn’t say what you seem to think it says.