castle law questions

[crazy4milsurps]

does this apply to all dwellings such as apartments, camps, emergency housing, section 8 / public assistance housing, vacation rentals etc.?

I read that you have to be sure that the invader must intend to do bodily harm before you can kill, do i have to ask him / her what their intentions are before i open fire?

I have more but can't remember them as of now.

any help would be appreciated.

[knight0334]

Yes.

Read the definitions, (2.1) and (2.2).

"Dwelling." Any building or structure, including any attached porch, deck or patio, though movable or temporary, or a portion thereof, which is for the time being the home or place of lodging of the actor.

"Residence." A dwelling in which a person resides, either temporarily or permanently, or visits as an invited guest.

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(2.1) Except as otherwise provided in paragraph (2.2), an actor is presumed to have a reasonable belief that deadly force is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat if both of the following conditions exist:

(i) The person against whom the force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle; or the person against whom the force is used is or is attempting to unlawfully and forcefully remove another against that other's will from the dwelling, residence or occupied vehicle.

(ii) The actor knows or has reason to believe that the unlawful and forceful entry or act is occurring or has occurred.

(2.2) The presumption set forth in paragraph (2.1) does not apply if:

(i) the person against whom the force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle, such as an owner or lessee;

(ii) the person sought to be removed is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the protective force is used;

(iii) the actor is engaged in a criminal activity or is using the dwelling, residence or occupied vehicle to further a criminal activity; or

(iv) the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.

[steamtownwelder]

(iv) the person against whom the force is used is a peace officer acting in the performance of his official duties and the actor using force knew or reasonably should have known that the person was a peace officer.

God forbid a cop pay for his illegal actions like every other criminal.

[174grain]

God forbid a cop pay for his illegal actions like every other criminal.

Yeah, how convenient for LE

[GunLawyer001]

God forbid a cop pay for his illegal actions like every other criminal.

If a cop is sneaking in without a warrant, odds are that he's not acting within the scope of his official duties. That provision is likely there to prevent drug dealers from shooting cops who are serving warrants. Not that it will prevent such shootings, but it will make the trials shorter.

If you come across a cop raping your wife, feel free to use whatever force seems appropriate. Otherwise, be aware that it's not open season on anyone who dares to darken your doorway. Use your head. And buy a damn flashlight.

[steamtownwelder]

I was making reference to the raids on incorrect address' and any no knock warrant serving. Don't intend to shoot the first jehova's witness that knocks on the door.

[PA Traveler]

I read that you have to be sure that the invader must intend to do bodily harm before you can kill, do i have to ask him / her what their intentions are before i open fire?

Ask? You'd better believe it all the way through to your core... 'cause you'll have to convince the jury that there was no other conclusion a reasonable person would have come to.

[GunLawyer001]

. . . . Don't intend to shoot the first jehova's witness that knocks on the door.

If you did, your chances of getting a jury that would convict you are slim. Those Bible-thumping bastards make a lot of enemies....

Yes, I am kidding. But only about the jury part.

[steamtownwelder]

If you did, your chances of getting a jury that would convict you are slim. Those Bible-thumping bastards make a lot of enemies....

Yes, I am kidding. But only about the jury part.

kidding about getting a jury at all?.

Steamtownjuryofmypeersinwhitesirtsandblacktiesweld er

[mpan72]

Ask? You'd better believe it all the way through to your core... 'cause you'll have to convince the jury that there was no other conclusion a reasonable person would have come to.

I think that is one of the reasons castle doctrine was made into law. There is a reasonable presumption that a person breaking into your dwelling is there to do harm.