Another SC Home Defense Shooting - Page 20
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Thread: Another SC Home Defense Shooting

  1. #191
    We are trying to get castle doctrine in Pennsylvania. One important provision of the proposed legislation is immunity from civil suit in the case of a justifiable shooting. Does S.C. castle doctrine have the civil suit exemption clause. If not, this gentleman may be facing an expensive defense in such proceedings. Win or lose, the lawyers will wear this poor guy out.

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  3. #192

    C45man

    Yes, we do. H.4301 was signed on June 9,2006, "in-part" the law states: " a person who lawfully uses deadly force is immune from criminal prosecution and civil action"....
    STILL...having said that, we know that every bullet has a Lawyers Name and checking account number on it..
    Good Luck in PA.
    Last edited by Self Defense CWP; 01-23-2011 at 08:28 PM. Reason: edited
    Be Safe,
    Jim
    Owner, Self Defense CWP

  4. #193

    Kelcarry

    ..I just wanted to say thanks..a great thread!
    Be Safe,
    Jim
    Owner, Self Defense CWP

  5. #194
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey SD CWP--thanks for compliment. I really enjoy and, most importantly, learn a lot about many things CC. I do not ever expect to have to use info (I am 69 and, to date, never have come close) but learning is a never-ending experience and there is always something. As far as the initial thread is concerned, I have learned that my original comments about the older gentleman shooting the youngster and not being prosecuted, are incorrect and that Section 17-13-20 of the SC Code of Laws does allow for someone to attempt an arrest at night and, if the perp attempts to escape, he can be shot and killed--so the older gentleman was within SC law to fire upon the youngster. Bottom line in SC--if you are a perp, you take your life in your hands everytime you decide to break the law.

  6. #195
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    Having called the law over an individual in my driveway trying to break into my truck 2 AM in morning, I was told officer was coming, well he might have been but he did not make it to my home in some 15 minutes, perp left as I exited rear door, officer was somewhat offended when he arrived (wasted time issue). Texas allows protection of propety. I will be glad to hold the BG until officer arrives. Coming into home all bets are off.

  7. #196
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey nightmare: As I said in my last reply, holding the perp (essentially a citizen's arrest) here in SC, allows me to do everything, including shooting the perp and killing him, if he does not obey my commands and attempts to flee (the law specifies this "at night"). I would think that TX has similar codes of law that would ensure your "wait until the BG comes" allows you similar discretion. As I said and I heartily agree---you enter my home (more particularly my locked bedroom) and I will have no compulsion in making sure it is the last home you enter.

  8. #197

    Nightmare 45

    ...Sometimes a tough decision we gotta make. I understand you. There is just no "book" answers to this, it's kinda like elbows.
    As far as the the PEACE officed being offended that you wasted his time. That is another issue with me. I normally discuss this in class. In my opinion, I feel we taxpayers need to explain to the officer that we feel the same way about paying our taxes. With the so-called "protection services" we receive, maybe we need to get some PEACE officers who want to work for us taxpayers.
    I strongly encourage all persons I interface with on a daily basis to make a note....name, badge number, time of day, etc....all the details of a "less than pleasant" exchange with a PEACE officer. Go to your computer as you have time, while all of the facts are on your mind and make a "memo for the record" and make an appointment to speak before the town council, county council, etc.. and present your complaint before the council, "in writing" with a copy to each member.
    I believe if we taxpayers do this, we will all keep our good PEACE officers and terminate those who feel they work for the Washington Hall of Terrorism in Washington, D.C., or whom ever they feel they work for. They must be reminded they work for us taxpaying citizens of the community, are are hired to perform basic "civil" violations of the State/County/City laws. NOT some national bad boys law enforcement militia.
    Be Safe,
    Jim
    Owner, Self Defense CWP

  9. #198
    Join Date
    Jul 2009
    Location
    South Carolina/Charleston
    Posts
    2,388
    Hey Self Defense: If you have a good police dept and a good chief, your criticisms of particular LEOs will be nil if not minimal and if they do occur, they will be heard. Sometimes your interpretation of an event with an LEO may be incorrect, even though you believe otherwise and that also should be taken into consideration when you speak to the chief about an incident. I would think that in any interraction between an LEO and a citizen, it is occurring during a stressful moment more in your life than the LEO and this should also be kept in mind. Not sayin it all falls on the citizen--LEOs make mistakes, they have bad days, and some just do not belong on the force--just sayin that if your LEO department is any good, avenues are there for complaints and, in some instances, you may be wrong in your assessment.

  10. #199
    Join Date
    Jul 2010
    Location
    Houston Metro Area, Texas
    Posts
    3,004
    I am not in anyway stating officer attitude was anything but an isolated incident. At the moment it just kind of pissed me off. Standing in driveway in my PJ's and pump shotgun.

  11. #200

    ....attitudes..

    ...actually, I understand you both. I don't feel I wrongly judged all of the PEACE officer community. I do not know the stats about the normal taxpayer calling 911, but I would reason a guess that most adult taxpayers have called a peace officer for assistance less than three times in a lifetime.
    Secondly, I believe 98% of the peace officers training should be in how to deal with the taxpayer. We all make mistakes, but when my family is in danger is not a good time to explain to me I have made a mistake in calling for assistance. IF that needs to be discussed at all, it should not be discussed with the taxpayer.....it should be brought up to the peace officers Supervisor, by the officer who felt he was called out needlessly and forwarded up the Chain of Command, IF appropriate. This method will allow the peace officer to do his job "on the scene" without distraction and allow the Supervisor to "counsel" the peace officer in how to deal with the taxpayer OR escalate the peace officers complaint up the Chain of Command for possible resolution at the "decision making level".
    Lastly, many more times than we would like to admit, our complaints which are brought before the Chief will be swept under the carpet because the Chief is not normally an elected position. So, in effect he does not work for the taxpayer. While if your put your thoughts in writing and take them to your elected officials you will not only record this event, but it will allow all in the Chain of Command to work with the officer to prevent a second event. Sometimes, peace officers view us ALL as the ENEMY...we are not. We are citizens/civilians like them and do make mistakes of "civil" law...running a traffic light, speeding, etc. therefore we all should be treated respectfully UNTIL our actions dictate otherwise. In summary, if you PULL your handgun without using it, you can be charged with Brandishing...however far tooo many "little ole ladies" have had a peace officers handgun pointed at them, dragged out of their cars..etc...(note: approximately 40-50% of our population are NOT taxpayers, so your call for assistance should be handled with priority.)
    Be Safe,
    Jim
    Owner, Self Defense CWP

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