• HelixDab2@lemm.ee
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    5 months ago

    IF you’re currently home when they break in.

    But let’s say you have security cameras that stream to your phone, and you see someone breaking in. You rush home and shoot them. Congrats, you’re catching a murder charge. Castle doctrine doesn’t mean you can shoot any person that breaks into your home, it means that you don’t have a duty to retreat when you’re in your own home. Castle doctrine can extend to cars if you’re currently in the car in some jurisdictions, but does not usually include, for instance, detached garages. Nor does it typically extend to someone breaking into your parked car that you aren’t occupying. Check your local laws; all states have some version of castle doctrine.

    Home invasions are very rare compared to burglaries. Thieves aren’t usually interested in getting into an altercation with a home owner.

    Now, if you will excuse me, it’s time for me to do my dry fire practice.

    • Neuromancer@lemm.eeOPM
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      5 months ago

      Depends on your state. You should read California penal code 198.5. It contradicts what you claim.

      • HelixDab2@lemm.ee
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        5 months ago

        I would very strongly suggest that you consult an attorney, because that doesn’t say what you seem to think it says.

          • HelixDab2@lemm.ee
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            5 months ago

            Again: if I were you, I’d talk to an attorney, because if you act with the belief that you appear to have, it is very, very likely that you will find yourself serving hard time and losing all of your 2a rights. You don’t believe me? Cool. Consult an attorney in California.

            • Neuromancer@lemm.eeOPM
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              5 months ago

              Once again I’ll take th California department of justice over your opinion. I’ve worked about a dozen of these cases and it’s always been in favor the home owner. The case law is very clear as the penal code section.