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Article #182

Re: Homeinvasion, shoot to kill?

#182
From: Eric Williams
Date: Wed, 26 May 1999 00:00
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Thomas Nord wrote:
> 
> I got this from a friend in CA.
> ""The key to self-defense is that you have to wait until they are IN your
> house,
> then you HAVE to shoot to kill, if they survive, shoot again, they will sue
> you if
> they can still breathe.
> 
> As long as they are inside, they were trespassing and you are not at fault
> for shooting, just make sure that they are inside, otherwise you are at
> fault!
> 
> That is California law, as verified by a few of my friends in the local
> PD.""
> 
> Right?
> The same all over?
> Revenge of relatives?

No, that is not right.

In California, the law reads that, if some stranger forces their way
into your home, the law will presume that they intended to cause you
death or great bodily injury.  A reasonable belief that you are
threatened with death or great bodily injury is justification for using
deadly force.

Note, however, that you are only granted a PRESUMPTION of
justification.  This means you do not have to PROVE you were justified. 
If, on the other hand, the state can prove that you did NOT have a
reasonable belief of such a threat, you can and will be prosecuted for
the shooting.  For instance, if it can be shown that you chased the
criminal and shot him in the back as he tried to escape, you are going
to go to prison.

The law is not written as a license to kill all treaspassers, but as a
way to try and prevent people who defend themselves in their own homes
from being victimized twice -- once by the criminal, and again by the
government.
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From: Eric Williams <wd6cmu@earthlink.net>
Subject: Re: Homeinvasion, shoot to kill?
Date: 1999/05/26
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