Oregon Castle Doctrine
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Thread: Oregon Castle Doctrine

  1. Question Oregon Castle Doctrine

    I live in Southern Oregon and was trying to get info on what exactly is the law in Oregon about the castle doctrine. Here is what I found at this site. "Oregon is not a Castle Doctrine state and does not have a stand-your-ground law".

    I understand what the Castle Doctrine is, I just don't know what it means if my state is not a Castle Doctrine state.


    If Oregon is NOT a Castle Doctrine state, and does NOT have a stand-your-ground-law, then what does that mean for me. I was always under the impression that when confronted in or out of your home you DID NOT have to make an attempt to get away and you are allowed to stand your ground.


    I just found and joined this site and forum so forgive me if this sounds like a dumb question.

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  3. #2
    Join Date
    Mar 2008
    Location
    Eugene, Oregon
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    Your life has to be directly threatened (or someone else's life) to justifiably use deadly force. But if you can flee a situation without using deadly force, then legally, you must try to flee before you shoot someone, is how I understand it.
    And if someone breaks into your house, that alone is not grounds to kill them. They must be a direct threat to you and your family, i.e. coming at you with a baseball bat, or a knife.

    Here is a good resource for info on gun laws in Oregon:
    Oregon Firearms Federation

    Also there is a book called, "Understanding Oregon's Gun Laws." You might want to check that out.

    Here is a link to the Oregon Revised Statutes pertaining to firearms:
    Chapter 166 Offenses Against Public Order; Firearms and Other Weapons; Racketeering
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  4. #3
    In Castle Doctrine states, you are not required first to look for a way to retreat from your own home when under deadly threat. Here's a good link that explains it. Some states extend the Castle Doctrine to the car and other places.

    CASTLE DOCTRINE AND SELF-DEFENSE

    Still, many factors are taken into account to determine whether deadly force was justified. It's not a matter of "you can (or cannot) shoot somebody who breaks in."

  5. Thanks for the info and the resource links. It's greatly appreciated. Would hate to find myself in a sticky situation because of what "I thought" the law was. You know what they say....Ignorance of the law is no excuse".

  6. #5
    Join Date
    Aug 2009
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    Quote Originally Posted by Cooter View Post
    Your life has to be directly threatened (or someone else's life) to justifiably use deadly force.
    Basically, this is the golden rule of SD shootings. A reasonable person must determine that there is a legitimate and immediate threat of loss of life or serious injury.


    But if you can flee a situation without using deadly force, then legally, you must try to flee before you shoot someone, is how I understand it.
    This, on the other hand, is not precisely true. Oregon has NO duty to retreat. Legally and practically, it would be prudent to retreat if you have that option. But you are not required by law to do so.

    The specific section of the OFF you may want to reference is here: Use of Force Rules; specifically, ORS 161.209 - 161.225 is reference to home invasions and the like.

    Stay safe!

  7. Thanks Xader

    Thanks for the info and the link. The info that you gave me is what I thought was correct and I did look at the link you provided. Again thanks for the reply.

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