Author Topic: Breaking and entering problems  (Read 28758 times)

Offline Lance Dean

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Re: Breaking and entering problems
« Reply #30 on: July 31, 2008, 03:29:12 PM »
About Mississippi's "Castle Doctrine":

Quote
The Castle Doctrine was a common-law legal defense that said that a man’s home is his castle.  This meant that you had the right to use deadly force in defending your “castle.”  However, you were then open to a civil wrongful death suit by the family of the robber that you used deadly force on when he invaded your castle.  You also had a duty to retreat if you could safely do so before using deadly force.  Even in your own home.

In 2006, the Mississippi Legislature, following Florida’s lead, codified the Castle Doctrine into law.  It is Mississippi Statute 97-3-15, and it states in part that:

(1)  The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:

(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;

(3)  A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person’s will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties;

(4)  A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1) (e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person’s failure to retreat as evidence that the person’s use of force was unnecessary, excessive or unreasonable.

(5) (a)  The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.

(b) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1) (e) or (f) of this section. A defendant who has previously been adjudicated “not guilty” of any crime by reason of subsection (1) (e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.

The “new” Castle Doctrine law also added civil immunity when you used deadly force within your house or motor vehicle.  This means that if you are forced to shoot someone that is breaking in your house, you cannot be then sued civilly by his family.  The law also removed the duty to retreat before using deadly force.  You no longer have to prove that you retreated, from your own house, before you can lawfully use deadly force in protecting yourself and your family from imminent harm.

Offline Rick

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Re: Breaking and entering problems
« Reply #31 on: July 31, 2008, 05:10:24 PM »
Get the cops on your side.  It makes the reports go your way.   Remember when in court who will the judge believe?  a certified and "deputized" officer of the law,  or a civilian that thinks he is a lawyer?

Just some food for thought.

Offline JTheotonio

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Re: Breaking and entering problems
« Reply #32 on: July 31, 2008, 06:17:44 PM »
Lance,

Make sure you have all the info on how far you can go protecting your property and that of a relative.

Good advise - this is a must Lance.  Talk to the County Sheriff's office, or who ever has jurisdiction in your area.  It's always best to get names, dates and two different opinions. If they advise conflicts then you need to seek out another opinion.  Ask for a copy of the laws regarding the protection of your property and person.

Right now I don’t understand why the police have not set up some sort of surveillance. Come on – if it is happening that often – some one needs to be watching things.

In your area do they have city council or county council meetings? Go to one and make sure that the council knows of this problem and ask them what they intend to do about it.

Be prepared - you never know when the British will try to take us back as a colony...
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Offline Lance Dean

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Re: Breaking and entering problems
« Reply #33 on: July 31, 2008, 06:23:42 PM »
Oh I didn't go to work today due to a stomach virus or bad food or something.  And when I went to get the mail there was a deputy sitting on watch not even 1/4 a mile down the road.  They've been watching.  The thieves still get past them.

And I'm attaching my solution to the problem.

Offline Mark Sarsfield

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Re: Breaking and entering problems
« Reply #34 on: August 01, 2008, 01:54:25 PM »
I want to get a semi-auto shotgun with an external magazine.

You might want to consider having a few weapons strategically placed through out your dwelling.  It would suck to be unarmed because you're on the 'can' and the shotgun is in your bedroom closet.

Regards,
Mark Sarsfield
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"If you have one bucket that can hold 5 gallons and one bucket that can hold 2 gallons, how many buckets do you have?" - IQ test from Idiocracy

Offline Rick

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Re: Breaking and entering problems
« Reply #35 on: August 03, 2008, 03:13:44 PM »
I have to pipe in again.   With all this talk about guns laying around,  I hope you do not have any kids in the house.  If so,  TRAIN THEM NOW,  TRAIN THEM NOW,  TRAIN THEM NOW,  TRAIN THEM NOW,...................................................

I took a call on the 911 line where a 9 yoa kids shot his sister in the head at point blank.   My children were in the school that this girl went to.   I never want to see anyone go through that.   

Offline Darrin

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Re: Breaking and entering problems
« Reply #36 on: August 03, 2008, 03:59:21 PM »
I quit having guns in my home a number of years ago when my ex wife and I walked into our bedroom and our 10 year old was playing with our 25, and later I came back from the 101st and he had taken it out of it's "hiding" place that my ex thought was safe and he was jacking rounds through the slide like he knew what he was doing. 10 years later I still don't have guns in my house and honestly I don't miss them in here, granted I do live on a military reservation so it isn't a big problem but I still don't have them in my home.

Offline Rick

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Re: Breaking and entering problems
« Reply #37 on: August 03, 2008, 05:22:30 PM »
this is what I am talking about.  I am not against anyone owning weapons.   i am all for it.  However,  I have, first hand, seen the results of people owing guns and not taking the responsibility of owning them.  I NEVER want to see anyone go through that.  You have to realize that all weapons are serious and designed to be deadly.   You must teach you children from the get go that weapons are 1) dangerous and to be respected (not feared) and 2) keep the secure (loceked up).   NHRA has some very good courses that help deal with this issue. 

Again I do not mean to offend anyone,  I just want everyone to realize what can and does happen.   I grew up with weapons in my home without a problem.   My brothers and I were taught to use weapons.  We also were taught what they can do by experience.  I just do not want anyone to experience an accedental shooting.  It is never good.

Offline Darrin

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Re: Breaking and entering problems
« Reply #38 on: August 03, 2008, 07:31:54 PM »
The sad part of that story is that I was raised around guns and I have the greatest respect in the world for them and sadly at that time I had bought that 25 for my ex-wife so she would be safe while I was gone and it turned out that she and later I didn't have enough respect for firearms to keep that out of reach. Fortunatly for us it was never fired or used in accident and when I got her and the kids to the 101st I got rid of that real quick and honestly I haven't missed having a weapon in my home in years.

Offline Lance Dean

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Re: Breaking and entering problems
« Reply #39 on: August 03, 2008, 08:39:01 PM »
No kids (yet).  We've been working on that for months now.  It's not as easy as they make it out to be in high school.


Anyway, my wife bought me a gun safe for Christmas one year after she claimed that she awoke to find me in the bedroom with a hammer raised while sleepwalking.  I have no recollection of this nor of ever sleepwalking.

Anyway, my weapons are all locked away in the safe, minus my shotgun.  It don't keep a round in the chamber.  When we DO have kids in the house, I'm not sure what I'll do.  I am sure that I'll gradually introduce them to firearms like I was.  A BB gun, then a .22, then a 20 gauge.  :)

Offline Mark Sarsfield

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Re: Breaking and entering problems
« Reply #40 on: August 05, 2008, 09:52:46 AM »
Weapons will have to be stored up high to keep little fingers off of them.  It's the middle school age that you have to worry about. It's sad that a 9 year old blew her head off.  Someone that old certainly should have known better.  I agree that proper training to respect weapons would have prevented that issue.

My dad kept his .30-30 Marlin in his closet and as many times that we played in there, we knew not to touch it.

Regards,
Mark Sarsfield
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"If you have one bucket that can hold 5 gallons and one bucket that can hold 2 gallons, how many buckets do you have?" - IQ test from Idiocracy

Offline nomad66

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Re: Breaking and entering problems
« Reply #41 on: August 05, 2008, 02:15:13 PM »
My younger brother and I grew up with guns in the house. My dad had 2 shotguns that he kept unlocked in a closet. He taught both of us about gun safety. Even though it would have been easy for either of us to handle the guns, we never did unless dad was there. At present I have a number of handguns, rifles, and a shotgun. I don't hunt any longer, but I do enjoy heading out to the range and tearing up a bunch of targets or blasting away at clay pidgeons. Even though it is only the wife and I living here, I still keep all my firearms in a locked steel gun cabinet. All the ammo is stored in a closet in a separate room. This may change a little when I get my concealed weapons permit. I will need to find a secure place to store the handgun when not carrying.

Offline JTheotonio

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Re: Breaking and entering problems
« Reply #42 on: August 05, 2008, 02:39:15 PM »
I always had guns in the house and still do.  Even when kids were small, all ammo was locked up high and tight.  No keys left laying around. Also guns were kept secure in the house.  Back then gun locks were almost unheard of.  My kids enoyed going out shooting, but that was the only time they handled any gun.  Even then it had to be one that they could handle.  They never got to shoot any of the 44 mags.

As a kid we had 2 or 3 guns in the house and shells.  As soon as I was old enough I'd go out by myself with a 4-10 hunting. Earlest I can remember would be before I was 10.  Times have changed.  (I still have one of those 4-10's)

I just got a Mauser 98 a couple of months ago.  Nice - heavy.  It had to be a killer dragging one of those across a battle field.
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Offline Mark Sarsfield

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Re: Breaking and entering problems
« Reply #43 on: August 05, 2008, 02:44:20 PM »
I used to shoot my 98k a lot at teh range and my shoulder always hurts after 15 rounds, because I always shoot the high-powered foreign mil. stuff.  Lugging it around is the easier part.  I do that a few times a year as a German reenactor.  Once you get all of the gear put on, the rifle isn't so bad, anymore.


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"If you have one bucket that can hold 5 gallons and one bucket that can hold 2 gallons, how many buckets do you have?" - IQ test from Idiocracy

Offline JohnG

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Re: Breaking and entering problems
« Reply #44 on: August 06, 2008, 12:57:47 PM »
The only problem I see in having my guns locked up and not loaded is: What if I have to use them for the reason I bought it for?
Seriously. I have a baby on the way and what if one night I get awaken by someone breaking into my house? Rush frantically to unlock a safe then get the ammo (worse if its in another room) then load it? I want the gun right where I can grab it and take care of the situation right then and there. I don't have too much experience with guns but living in a bad side of town taught me a few things:
~If you don't have a gun or superior weaponry then the criminal does.
~If you don't use it, they will.
and most importantly
~They do not care.

Maybe it's because I am young and cocky. Or because I have been shot at before. But whats a gun for home defense good for if it's neutralized?
"If crime fighters fight crime and fire fighters fight fire, what do freedom fighters fight?" ~George Carlin