Comment by Jim Campbell
June 30th, 2020
The read below is in no way intended to be considered legal advice.
I’m not an attorney.
Contact a gun defense attorney in your state to determine how the law pertains to you in your home state.
First of all we must examine Missouri Gun Laws.
In California, it’s clear that those involved in this mess have the right to property under the Castle Doctrine.
The Mayor of St. Louis deserves to be fired, not because she is a Democrat in clearly incompetent.
Apologizing to ANTIFA clearly sends the wrong message.
If she wasn’t such a woos, she would have had her police force arrest these fools.
The law has been changed since I last applied for my CCW permit.
The mayor of St. Louis must be removed from office, not because she’s a Democrat, but because she is completely incompetent.
In a situation such as this, what good does issuing an apology do?
THE DAILY CALLER
California’s “Castle Doctrine” (PC Section 198.5)
Although California does not specifically have a “stand-your-ground” law, the Castle Doctrine is similar.
Under Penal Code Section 198.5, you are allowed to use deadly force within your own home if you have a “reasonable fear of imminent peril or great bodily injury.”
If someone forces his or her way into your home unlawfully, a few things must occur to justify using deadly force:
You knew or had reason to believe the person entered your home unlawfully.
Statement from Circuit Attorney Kimberly M. Gardner in regards to events over weekend:
The intruder was acting unlawfully (not a police officer who was doing their job.
There was a reasonable fear of death or injury to you, a family member or another member of the household; and
You or the occupants of your home did not provoke the intruder in any way.
California Self Defense Laws Outside of Your Home (CALCRIM #505 and #506)
Of course, not all self-defense situations occur inside your home. Even though there is not a specific statute for standing your ground, California law does recognize your right to defend yourself with deadly force. California Jury Instructions (CALCRIM #505 and #506) describe this as “justifiable homicide.”
A jury is instructed to find you innocent of homicide, assault or other charges if you were acting reasonably under the circumstance.
A reasonable circumstance under California Jury Instructions #505 and #506 means:You reasonably believed you were in danger of being injured or killed;
You reasonably believed that you needed to use force to prevent this from happening; and
You used no more force than was necessary to stop the threat.4
If you are facing a reasonable threat of being injured or killed, you do not have to run away under California law.
As long as you did not make the first strike, a skilled criminal defense attorney can argue that you were acting in self-defense. [Source]
Self-defense can be used as a legal defense for several crimes including: Murder;
Aggravated battery; and
If you are being charged with any of these violent crimes, self-defense may be your best legal defense.
Contact an attorney who specializes in gun law.