Kentucky ccdw question
In the state of Ky. if someone is reaching in my vehicle beating me about the head and neck with there fists do I have the right to use deadly force?
Yes, castle doctrine applies to your vehicle as well as your home in Ky.
Here is an example from 2010.
Former U of L football player dies in shooting
Posted: Sep 16, 2010 6:13 AM EDT
Updated: Sep 19, 2010 10:44 PM EDT
LOUISVILLE, Ky. (WDRB Fox41) -- A former U of L football player was gunned down in downtown Louisville Thursday morning, but police say they won't be filing any charges.
The coroner says 23-year-old Daniel Covington of Nicholasville, a former U of L safety, died at University Hospital after being shot in the chest.
The shooting happened around 2:30 Thursday morning at the intersection of Second and Liberty Streets, just south of the Convention Center. Police say Covington and the two other men had been at different night clubs overnight.
Detectives say Covington was driving south on Second Street when he stopped at the traffic light at Liberty, then got into a fight with the driver and passenger of a car that pulled up beside him.
Covington, according to police, got out of his car and climbed through the window of the other car where the fight continued.
Lt. Barry Wilkerson with Louisville Metro Police says, "We're not exactly sure what prompted the assault. We believe something may've been said to individuals that pulled up."
Police say the driver of the other car took out a gun and fired off a single shot which hit his passenger in the hand and struck Covington. Police say Covington then hid behind the vehicles to avoid more gunfire.
The shooter and his passenger were caught a short time later, headed for University Hospital. Wilkerson says, "You can tell both victims of one car were assaulted physically by bruises to their eyes and face."
Covington was taken to University Hospital where he died just after 3 a.m.
A passenger was shot in the hand and is expected to survive.
Police did interrogate the shooter but say they don't expect to file any charges against him because they believe he acted in self-defense. Evidence will be passed along to the Commonwealth's Attorney Office so it can decide whether it wants to file charges.
Wilkerson says, "No arrests have been made, no charges filed, possibly self-defense issue related to Castle Doctrine where you have right to protect yourself in home and applies to vehicles as well."
Kentucky ccdw question
The KRS statute in question is 503.055 (Use of defensive force regarding dwelling, residence, or occupied vehicle--exceptions)
A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a)The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and
(b)The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
There are some exceptions that follow the referenced text.
But, basically if you're attacked in your vehicle, the law presumes that you are in fear for your life.
Thank you both for your input.
But, one quick point: if you are attacked while in your car, presumably through your window, you are still in a car. It is an effective weapon.
Good point Geosan1030 a car makes for a very large bullet my friend.