Resident Stephanie Rosenthal has reached the point of taking pictures of suspicious cars on her street and approaching strangers sitting in their cars.
There’s absolutely no way that there isn’t racial profiling and isn’t going to end with a non-white resident getting shot by a suspicious homeowner.
Also, burglary is not a legal reason to use lethal force. Robbery is.
Burglary is a valid reason to use lethal force. Burglary is a crime most people do not understand. The intent is to enter a home/commercial building to commit a felony.
California is a castle doctrine state that allows you to use deadly force in your home.
Burglary is a property crime. In most states, you are not legally permitted to use lethal force to defend property. A home invasion is not generally going to be classified as a burglary. In the cases that they’re largely discussing in the article, these were property crimes committed when the homeowner was not present, and as such the homeowner was never at risk; castle doctrine simply doesn’t apply.
I have no issues with people using firearms of their choice to defend their own lives or the lives of other people, but that’s not what this is.
We are talking about California since that is what the article is about.
A home invasion would be a burglary under the law. Entering a home to commit a felony is the definition of burglary.
Castle doctrine is relevant since they are entering their homes.
I have no issues with someone shooting someone entering their home to commit a crime as the law allows. Don’t break into another persons home.
IF you’re currently home when they break in.
But let’s say you have security cameras that stream to your phone, and you see someone breaking in. You rush home and shoot them. Congrats, you’re catching a murder charge. Castle doctrine doesn’t mean you can shoot any person that breaks into your home, it means that you don’t have a duty to retreat when you’re in your own home. Castle doctrine can extend to cars if you’re currently in the car in some jurisdictions, but does not usually include, for instance, detached garages. Nor does it typically extend to someone breaking into your parked car that you aren’t occupying. Check your local laws; all states have some version of castle doctrine.
Home invasions are very rare compared to burglaries. Thieves aren’t usually interested in getting into an altercation with a home owner.
Now, if you will excuse me, it’s time for me to do my dry fire practice.
Depends on your state. You should read California penal code 198.5. It contradicts what you claim.
I would very strongly suggest that you consult an attorney, because that doesn’t say what you seem to think it says.
I will take the opinion from the DOJ over yours.
Here’s the problem. When someone breaks in, how do you know what they intend to do?
You don’t, if you’re currently at home.
But that’s not what most of these are.
One–one–that was detailed in the article was an aborted attempt, and it ended as soon as the would-be thief realized that the owners were home.