Every State should have this

[Chrisj CMA]

A "Castle Law" like Florida does.  Makes me glad I live in FL.

Robber convicted for murder even though it was the home owner who killed the robbers partner in defense.



Man guilty of partner's death in home invasion
November 19, 2010 19:38 EST

SANFORD, Fla. (AP) -- A central Florida man whose partner was killed by an occupant during a botched home invasion has been convicted for the death.

A Seminole County jury found 24-year-old Trae St. Ange guilty Friday of second-degree felony murder, three counts of aggravated battery and burglary with a battery. He's scheduled to be sentenced in January.

Authorities say St. Ange and 38-year-old Maurice Thomas tried to rob a home in October 2009. Thomas went into the home and fired a gun, but a man in the house grabbed his own weapon and returned fire. Thomas was hit in the heart and later found dead in the street. St. Ange and three people in the home were also wounded.

Under Florida law, if someone is involved in a felony that results in a death, that person can be charged with felony murder.
http://www.weartv.com/template/inews_wire/wires.regional.fl/2cd72b9e-www.weartv.com.shtml

[Oss]

 

  and it shouldnt matter licensed or unlicensed gun in the home either

whatever you use to protect your family in your home should be cool under the law IMHO

hatchet, pistol, fireplace poker, bleach etc

[Chrisj CMA]

In Florida it doesnt matter.  No license required in the home or on your property or in your car and in certain circumstances at your work.  The key is...."I was in fear of my life (or yours)so I shot "  then its all good 

[fudgie]

What would be better is not to have a law to be able protect yourself or property. 

[MAD6Gun]

 Indiana Governor Daniels passed that law here a couple of years after Florida. You are right Brian. Should not have to have a law to protect your family in your own home. As I remember the "Castle law" in FL also states that you can use Deadly force in your car or Buiseness as well. When that law was passed the antigunners jumped up and said that "it would be open season on Tourist in Florida" and that Florida would turn into the "OK Corral" That people would be killing each other in the street. What a bunch of BS.....

I read a couple of years ago after Englind passed there gun laws that a farmer shot and killed a man on his property protecting his family. He was arrested and put in prison for it. As far as I know he is still in prison....

                               Thank God for the Great old United States Constitution........

[FryeVRCCDS0067]

Indiana Governor Daniels passed that law here a couple of years after Florida. You are right Brian. Should not have to have a law to protect your family in your own home. As I remember the "Castle law" in FL also states that you can use Deadly force in your car or Buiseness as well. When that law was passed the antigunners jumped up and said that "it would be open season on Tourist in Florida" and that Florida would turn into the "OK Corral" That people would be killing each other in the street. What a bunch of BS.....

I read a couple of years ago after Englind passed there gun laws that a farmer shot and killed a man on his property protecting his family. He was arrested and put in prison for it. As far as I know he is still in prison....

                               Thank God for the Great old United States Constitution........

Yep! The founders put the 2'nd Amendment in the constitution as a "reset" button in my opinion. So that, if all else fails the people can again start over with a new government.

I think as long as we retain this right we will never need that button.
I think if we lose this right, we are guaranteed to need that button.

It's no wonder the UN is constantly trying to get us to sign a treaty which will nullify our 2'nd Amendment. As it stands right now, I would bet the American people are the largest armed group on the face of the planet. Which makes us the safest. Many governments of the world (sometimes even our own) must hate that. And their goal, of course, is to get us to disarm ourselves.

[Chrisj CMA]

I too agree, and think we "SHOULDNT" need a law to be able to protect our selves and our family.  The reality is that we do need the law.  It is through laws that we will maintain our freedom, or through laws the foothold will grow to a shoulder and then the whole body.........if its not kept in check Mr. U.S Government will be standing in your living room telling you what you can and cannot do!

[Bobbo]

Missouri has had a castle doctrine law since 2007.  These laws are to clarify previous laws, and to make sure older laws that did not cover this act were not used against a homeowner.  That's a characteristic of having a nation of laws, they have to adapt to new situations.

[Serk]

Here in Texas, you can use lethal force to defend life OR PROPERTY... No need to be in fear of your life, just the need to stop a crime in progress, including theft...

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY.  A person is
justified in using deadly force against another to protect land or
tangible, movable property:
      (1)  if he would be justified in using force against the
other under Section 9.41;  and
      (2)  when and to the degree he reasonably believes the
deadly force is immediately necessary:
         (A)  to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime;  or
         (B)  to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property;  and
      (3)  he reasonably believes that:                                             
         (A)  the land or property cannot be protected or
recovered by any other means;  or
         (B)  the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

[Chrisj CMA]

Long Live Texas.....I also believe in open carry......makes for people to think much more before starting something stupid!

[fudgie]

Long Live Texas.....I also believe in open carry......makes for people to think much more before starting something stupid!

on both statements.

[Dogg]

I read a couple of years ago after Englind passed there gun laws that a farmer shot and killed a man on his property protecting his family. He was arrested and put in prison for it. As far as I know he is still in prison....

Mark, it was the 4th time they had broken in his house. and they had a gun the last time...

[Hoser]

Open carry has been legal in Kansas for a long time, gotta get a permit to carry concealed legally though. hoser

[musclehead]

Here in Texas, you can use lethal force to defend life OR PROPERTY... No need to be in fear of your life, just the need to stop a crime in progress, including theft...

§ 9.42. DEADLY FORCE TO PROTECT PROPERTY.  A person is
justified in using deadly force against another to protect land or
tangible, movable property:
      (1)  if he would be justified in using force against the
other under Section 9.41;  and
      (2)  when and to the degree he reasonably believes the
deadly force is immediately necessary:
         (A)  to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime;  or
         (B)  to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property;  and
      (3)  he reasonably believes that:                                             
         (A)  the land or property cannot be protected or
recovered by any other means;  or
         (B)  the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. 
Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1,
1994.

I  like living in  FL but I think I should move to TX 

[musclehead]

try living in Lima Peru, no castle laws. if someone breaks into your house and has a knife and you use a gun to defend yourself, your screwed. even if the perp is 21 built like a linebacker and your 95 years old, doesn't matter you can't use more then equal force.

houses down there are essentially prisonss for the home owner, complete with barb wire, 8' tall fences of stone and broken glass at the top. the richer people have electrified wire at the top. some hire guards to watch thier house all night long. you can't wear jewelry on the street, too many gangs will snatch and grab your stuff. they have a huge police force and still they can't stop crime.

no thanks, I like it here......