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To: marktwain

“Arlington shooting underscores need to understand law”

Yes, that in Washington State a person is not allowed to protect his property.


15 posted on 11/21/2009 1:35:11 PM PST by PLMerite (Ride to the sound of the Guns - I'll probably need help.)
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To: PLMerite

Here’s a couple of applicable regulations in Washington State law. Would seem to me that legally he may be found innocent as he was using force to prevent a felony. But, I’m no lawyer. Does the “prevent a felony” only mean up and to the point that the thief is stealing from you? After he has already stolen if from you, are you “preventing” it? If you keep him from getting away, it would seem you “prevented” it.

Not sure that is what I would have done. But, he did call the police first, then saw the guy again. I would have probably thought the guy had left (he wasn’t found by the cops) and had then returned to get rid of me as a witness.

***********************

RCW 9A.16.110: Defending against violent crime ? Reimbursement.

(1) No person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property, or for coming to the aid of another who is in imminent danger of or the victim of assault, robbery, kidnapping, arson, burglary, rape, murder, or any other violent crime as defined in RCW 9.94A.030.

RCW 9A.16.050
Homicide — By other person — When justifiable.

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.


22 posted on 11/21/2009 2:46:32 PM PST by 21twelve (Drive Reality out with a pitchfork if you want , it always comes back.)
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