Newest SC Home Breakin and Castle Doctrine - Page 2
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Thread: Newest SC Home Breakin and Castle Doctrine

  1. #11
    handgonnetoter Guest
    Indiana has the Castle Doctrine as well. I'm with the rest of you guys. I don't want to shoot someone, but I also don't want them breaking into my home and trying to do my family or myself any harm. If I was forced, I would blow them away.

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  3. #12
    Join Date
    Jul 2009
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    And you can do so with the correct and full approval of the legal system. It is interesting to read comments from the family of the dead perp--words like execution etal--never a word about why he was in the house robbing the guy. Really surprised that I have not heard the famous "racism" raised, or a possible trip here by the race baiters Jesse and Al, or a comment by our exalted leader about how the homeowner "acted stupidly".

  4. #13
    Join Date
    Dec 2007
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    Greenville, SC
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    Quote Originally Posted by Hawk-i View Post
    Not that I ever wish to use the Castle Doctrine, but +1 for living in SC. Thanks for sharing.
    ^^ Same here!
    My Website: Nerd with a .45

  5. #14
    Wish it was that easy in my state. Not that I want to shoot anyone but if I had to I would wanna skate away free and easy like this guys did. Good job SC.

  6. #15
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    HeyShortStop: In addition to Castle Doctrine, SC has a rule on the books for citizens' arrest that dates back to olden days. If, at night (specific to night for some reason I do not understand), you perform a citizens arrest based solely on a presumption that a crime is being committed, you can use any and all means to prevent the perp from escaping even if it causes the perp's death. Bottom line--all you have to do is believe someone is doing something criminal and tell him to stand there while you call the LEO and he decides to run--you can shoot him--if it is in the back, so be it. Not my way of doing things but it is on the books and, to my knowledge, no prosecutions have ever proceeded based on this law.

  7. The handcuffs also show the badguy's intent to invade a house and be prepared to handcuff any person inside the home. case closed.

  8. #17
    I would like to correct one little fallacy here. It is the fallacy that the homeowner is the one that makes the decision to use deadly force. It is in fact the bad guy who elevated it to that level when he decided to break into an occupied dwelling where he had no legal right to do so. He and he alone chose deadly force. I have made a conscience decision to never use deadly force. But my conscience mind is taken out of the equation when my survival instinct or the instinct to protect my family comes into play. That is when the bad guy has taken that decision making process out of my hands. He knows dam well that he does not have the right to be in my private areas, with the intention on taking my possessions or even worse yet causing some type of harm to my family or myself. Because I did not invite him in and because he did not knock on the door and tell me of his evil intentions, or even tell me that he was going to enter my private areas, he has taken the decision out of my hands. He and he alone chose deadly force. Who am I to second guess his decision??

  9. Same goes for me. I pray everyday when I holster-up that the only reason my gun will come out is to secure it at the end of the day. But same goes, if I'm forced to take action because a criminal wants to do me harm, I will. NY is fishy on the Castle Doc, but honestly, if someone breaks into my place (and I live in the city area) I'm assuming its not to clean my house and cook me dinner. I will protect myself and let the system do the rest. I have reason to believe no system will charge me if I defend myself, because if that should happen....Federal Court here we come.

  10. #19
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    Quote Originally Posted by kelcarry View Post
    At around 8:30 in morning on April 13, two wannabe thieves entered a home by apparently slipping under a partially opened garage door. Unfortunately for them the owner was home, heard noises, got his handgun, and when he saw one of the perps he fired and killed him--no imminent danger per se but in your home the presumption of same is a legal given under Castle Doctrine and is backed up by prosecutors and courts in SC. The other perp ran out of the house but was eventually arrested. No charges will be filed. Castle Doctrine is alive and well in SC--if you are a perp you had better load up on life insurance for your kin if your methodology is entering other people's homes.
    The best part is that many life insurance policies won't pay if you're killed while committing a crime.
    GOD, GUNS and GUITARS

  11. #20
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    Quote Originally Posted by dojoman View Post
    Same goes for me. I pray everyday when I holster-up that the only reason my gun will come out is to secure it at the end of the day. But same goes, if I'm forced to take action because a criminal wants to do me harm, I will. NY is fishy on the Castle Doc, but honestly, if someone breaks into my place (and I live in the city area) I'm assuming its not to clean my house and cook me dinner. I will protect myself and let the system do the rest. I have reason to believe no system will charge me if I defend myself, because if that should happen....Federal Court here we come.
    NY is not fishy on the castle doctrine.

    NYS Penal Law S35.20(3) states that a person in possession or control of a dwelling or occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling may use deadly physical force on upon such other person when he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary. Breaking and entering or a home invasion is considered burglary. There is no duty to retreat inside the dwelling.

    NYS case law strongly supports this.
    GOD, GUNS and GUITARS

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