Mississippi 'Castle Doctrine' Self-Defense Bill Signed Into Law (user search)
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  Mississippi 'Castle Doctrine' Self-Defense Bill Signed Into Law (search mode)
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Poll
Question: If you were a legislator, how would you have voted on the 'Castle Doctrine' self-defense bill that gives law-abiding citizens the right to use deadly force against any criminal who is trying to break into their home, vehicle, or business?
#1
Democrat -Aye
 
#2
Democrat -Nay
 
#3
Republican -Aye
 
#4
Republican -Nay
 
#5
independent/third party -Aye
 
#6
independent/third party -Nay
 
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Partisan results

Total Voters: 28

Author Topic: Mississippi 'Castle Doctrine' Self-Defense Bill Signed Into Law  (Read 12291 times)
David S
Junior Chimp
*****
Posts: 5,250


« on: April 04, 2006, 03:31:46 PM »
« edited: April 04, 2006, 03:37:31 PM by David S »

This is something that is controlled by state law, so it varies from state to state. In some states you are required to retreat if possible and you can only shoot if that is not possible. So if a thug enters your home you have to run out of the house if you can. That's stupid; you have to leave while the crook remains in your house.

This is what the Mississippi law says:

"SB 2426 states that if a criminal breaks into your home, your occupied vehicle or your place of business, you may presume he is there to do bodily harm and may therefore use any force necessary against him.
Mississippi courts have consistently recognized the "stand your ground" principle - both inside and outside the home - since the late 1800s. SB 2426 would codify such court precedent into law.
Furthermore, the “Castle Doctrine” law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack."

http://www.nraila.org/CurrentLegislation/Read.aspx?ID=2096

Seems reasonable to me
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David S
Junior Chimp
*****
Posts: 5,250


« Reply #1 on: April 04, 2006, 11:47:09 PM »

With regards to waiting until the gun is pulled out, the police are generally required to do this before they can legally kill someone. I wouldn't think it would make sense to allow private citizens more leeway in self-defense then it would the police.
Of course, I would entirely agree: in public areas, one should have to wait until a gun is pulled out. However, different standards should apply when one's own home has been broken into.

In general, when someone breaks into your property, I would think it reasonable for you to assume that he intends to cause harm to you, even though no gun may be in sight.

Especially in the middle of the night. Let me tell you, if someone broke into my house in the middle of the night with my wife and children at risk. I'd open fire, no question about it.

Seems like a logical reaction to me, but some folks would prefer that you get a written statement from the perp indicating that it was his intention to kill you. Then you can kill him, although you might need to have the statement signed by a notary too.
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