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Topic: Badass
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Carless
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Member # 9119
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posted
quote: Originally posted by BIG KEITH: [QUOTE]Originally posted by Carless: Damn thats awesome, on the phone with 911 while you kill an intruder. Too bad in California that would be jail time.
http://gma.yahoo.com/video/news-26797925/oklahoma-mother-18-kills-intruder-breaking-into-her-home-while-on-phone-with-911-27777235.html [/QUOTE I thought it was legal to defend your property,family in any state
I thought the law was, as long as the person is facing you and has a weapon you can kill em in self defense?
A couple years ago, one of my neighbors got manslaughter for shooting a burglar in the back while he was inside his property.
-------------------- *89 LX 5.0(sold) *86 GT 5.0(sold) *90 GT 5.0
Posts: 702 | From: East Bay | Registered: Apr 2009
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BIG KEITH
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Member # 6523
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quote: Originally posted by Carless: quote: Originally posted by BIG KEITH: [QUOTE]Originally posted by Carless: Damn thats awesome, on the phone with 911 while you kill an intruder. Too bad in California that would be jail time.
http://gma.yahoo.com/video/news-26797925/oklahoma-mother-18-kills-intruder-breaking-into-her-home-while-on-phone-with-911-27777235.html [/QUOTE I thought it was legal to defend your property,family in any state
I thought the law was, as long as the person is facing you and has a weapon you can kill em in self defense?
A couple years ago, one of my neighbors got manslaughter for shooting a burglar in the back while he was inside his property.
He got charged..but did he do time?
-------------------- 95Gt blown & stroked 2013 Gt gotta have it green..married 12/4/12 lol 06 harley road glide STALLIONS CC OG 2001
Posts: 462 | From: san jose | Registered: Feb 2006
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Wildfire532FB
CAFords OG
Member # 1482
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posted
I believe if the buglar is in your home or garage you can shoot them, just make sure you tell them you felt your life or your families lives were in danger. Make sure a couple rounds hit them in the front so your case is stronger.
-------------------- ./_ _ _ ___ __\ (]]]_ _ o _ _[[[) |\_o_ __ __o_/| |__|..........|__| 68 Fastback 84 CJ7 94 HMMWV 95 GT 03 F350 17 Fusion Hybrid
Posts: 17580 | From: 530 | Registered: Jun 2002
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wilit
Mustang Messiah
Member # 3367
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posted
The law on justifiable homicide. CA PC 197
quote: Homicide is also justifiable when committed by any person in any of the following cases: 1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or, 2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or, 3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or, 4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
PC 198 quote: A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.
PC 198.5 quote: Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury.
-------------------- "If a man hasn't found something worth dying for, he isn't fit to live." - Martin Luther King Jr.
Posts: 4793 | From: 37.78514° North 122.40100° West | Registered: Oct 2003
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BIG KEITH
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Member # 6523
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To the op, your neighbor should of got a good lawyer
-------------------- 95Gt blown & stroked 2013 Gt gotta have it green..married 12/4/12 lol 06 harley road glide STALLIONS CC OG 2001
Posts: 462 | From: san jose | Registered: Feb 2006
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stanger50
20yr club
Member # 1665
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posted
quote: Originally posted by Carless: quote: Originally posted by BIG KEITH: [QUOTE]Originally posted by Carless: Damn thats awesome, on the phone with 911 while you kill an intruder. Too bad in California that would be jail time.
http://gma.yahoo.com/video/news-26797925/oklahoma-mother-18-kills-intruder-breaking-into-her-home-while-on-phone-with-911-27777235.html [/QUOTE I thought it was legal to defend your property,family in any state
I thought the law was, as long as the person is facing you and has a weapon you can kill em in self defense?
A couple years ago, one of my neighbors got manslaughter for shooting a burglar in the back while he was inside his property.
In the back?....theres your problem. He/She is no longer a threat to life if his back is torwards you. Who to say that he was leaving the residence cause he realized he broke into the wrong house, thinking it was his own because hes drunk? An intruder standing in the hallway inside your residence is totally diffent from a person rushing towards you with a knife. He cant take your life if hes 30ft from you in the hallway, so dont take his. Many people get so gun ho protective and think they can blast at any point, just like the female in the video. He was in my house, so game over. You do this in CA, your game is over.
-------------------- 1998 Cobra SVT convertible Bright Atlantic Blue (1 of 247)
20 year club.
Posts: 1318 | Registered: Aug 2002
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Carless
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Member # 9119
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posted
quote: Originally posted by BIG KEITH: To the op, your neighbor should of got a good lawyer
Lol well he got a couple months nd a couple years of probation. I don't know the whole story, but all I know is that they were both gang affiliated.
Posts: 702 | From: East Bay | Registered: Apr 2009
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BIG KEITH
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Member # 6523
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posted
quote: Originally posted by stanger50: quote: Originally posted by Carless: quote: Originally posted by BIG KEITH: [QUOTE]Originally posted by Carless: Damn thats awesome, on the phone with 911 while you kill an intruder. Too bad in California that would be jail time.
http://gma.yahoo.com/video/news-26797925/oklahoma-mother-18-kills-intruder-breaking-into-her-home-while-on-phone-with-911-27777235.html [/QUOTE I thought it was legal to defend your property,family in any state
I thought the law was, as long as the person is facing you and has a weapon you can kill em in self defense?
A couple years ago, one of my neighbors got manslaughter for shooting a burglar in the back while he was inside his property.
In the back?....theres your problem. He/She is no longer a threat to life if his back is torwards you. Who to say that he was leaving the residence cause he realized he broke into the wrong house, thinking it was his own because hes drunk? An intruder standing in the hallway inside your residence is totally diffent from a person rushing towards you with a knife. He cant take your life if hes 30ft from you in the hallway, so dont take his. Many people get so gun ho protective and think they can blast at any point, just like the female in the video. He was in my house, so game over. You do this in CA, your game is over.
True, but to your average citizen, who knows the intruder is their residence with the intent to do something malicious,especially when their family is home..front,back ,side. Lite um up! Ask questions later. That's what good lawerys are for. Nobody knows what they would do in the heat of the moment, if they are not trained
-------------------- 95Gt blown & stroked 2013 Gt gotta have it green..married 12/4/12 lol 06 harley road glide STALLIONS CC OG 2001
Posts: 462 | From: san jose | Registered: Feb 2006
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87MclarenMustang
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Member # 10695
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posted
I'm not gonna wait around after someone forcibly enters my house to see if they intend on me or my family's bodily harm... If anyone is stupid enough to force their way into my home then they will be leaving in a body bag!
-------------------- Formerly 07SilverS197
Posts: 1282 | From: Brentwood | Registered: Feb 2011
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fredfifty
Since 9/2010
Member # 10320
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posted
she was totally justified in giving that dude abs of steel...
-------------------- RIP EDSON VELORO IM A NOOB, EXCUSE ME. THANKS. 92 LX Coupe 5.0 CARB'd BOLT-ONS SMOG LEGAL 62 Rag Impala
Posts: 4953 | Registered: Sep 2010
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MUSTTANGUY
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Member # 2251
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posted
Just remember ..... dead men tell no lies !! Any person who enters a residence should expect to be shot DEAD in the event the owners happen to be there. Don't do the crime without expecting some consequences, in this case it was his life. Only thing certain is he won't be doing it again !!! Who would convict that girl in a court ??? Surely not me sitting on the jury !
-------------------- Tim (Musttanguy) 97 5.0 coupe 82 GT 427/T56/9"
Posts: 1690 | From: Lodi | Registered: Dec 2002
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coupedup
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Member # 9987
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posted
Very informative thread.
Posts: 4406 | From: Ca | Registered: May 2010
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Venomousnotch
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Member # 8695
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quote: Originally posted by 87MclarenMustang: I'm not gonna wait around after someone forcibly enters my house to see if they intend on me or my family's bodily harm... If anyone is stupid enough to force their way into my home then they will be leaving in a body bag!
+1000000
-------------------- 🏁•2004 MUSTANG SVT COBRA•🏁
"WHEN THE WHINING STARTS,IT MEANS JUSTICE IS ABOUT TO BE SERVED"..
Posts: 7610 | From: *NORTHERN*KILLA4NIA* | Registered: Oct 2008
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fstryde3
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Member # 8436
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posted
God Bless OK!
And yeah don't be shooting a guy in the back or over your precious 1989 Gt roller in the driveway CA frowns on that!
Posts: 2950 | From: Sacramento | Registered: Jun 2008
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