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To: WilliamWallace1999

So if someone threatens you with deadly force you can use deadly force to resist. But if you come across a lawbreaker who is not using or threatening to use deadly force you cannot use deadly force to detain them.

Makes sense, actually. Answer me this; if you have a trespasser on your property (which these people clearly are), can you threaten the use of deadly force to require them to leave (”Get off my property or I’ll shoot!”)?


46 posted on 02/17/2009 2:49:07 PM PST by RonF
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To: RonF

Good question with a REALLY long answer. The new Castle Doctrine made it much easier to defend yourself in your home and on your property.

If Javier is in your garage with your TV on his shoulder, you can ask him to put it down and leave. If he does, you may not shoot him. If he continues to leave with your flat screen, you may drop his ass.

With respect to your question, it becomes a Mexican standoff(pun intended). You may tell him get the hell off my property or I will shoot. If he leaves, you may not shoot him. If he advances, you may shoot him. If he just stands there, hopefully your wife called 911 and the police will come haul his ass off; BUT YOU HAVE NOT DETAINED HIM AGAINST HIS WILL. Under the Castle Doctrine, you no longer are required to withdraw if you have the opportunity to get away. If the perp chooses to haul ass, the threat of deadly forces is abated and you may not shoot.


54 posted on 02/17/2009 3:00:07 PM PST by WilliamWallace1999
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