CA_Libertarian
State Researcher
imported post
I was reading over this summary called California Firearm Laws 2007, distributed by the Attorney General. I noticed a few instances of misrepresentations of the law, but wanted to open a discussion on one in particular: regarding use of deadly force in self defense.
Take a moment to read Section 3 of the pamphlet starting on page 26 (31/55 of the PDF file). Note that there is emphasis on threat of death or great bodily harm throughout the section.
After reading through this section, next take a look at CA PC 197
In case you're wondering... I was unable to find a definition for misdemeanor or felony on the CA website or in the penal code itself. However, according to this CA Bar Association pamphlet:
I was reading over this summary called California Firearm Laws 2007, distributed by the Attorney General. I noticed a few instances of misrepresentations of the law, but wanted to open a discussion on one in particular: regarding use of deadly force in self defense.
Take a moment to read Section 3 of the pamphlet starting on page 26 (31/55 of the PDF file). Note that there is emphasis on threat of death or great bodily harm throughout the section.
After reading through this section, next take a look at CA PC 197
Note the bold text (my emphasis). Nowhere in the pamphlet does it mention that you may use deadly force to resist a felony. Also of note: there are fewer citations in this section than in any other. There is no reference to case law to indicat this subsection of the penal code has been held invalid.197. 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;...
In case you're wondering... I was unable to find a definition for misdemeanor or felony on the CA website or in the penal code itself. However, according to this CA Bar Association pamphlet:
Felony: a serious criminal offense punishable by a prison sentence of more than one year.
Misdemeanor: a criminal offense, less serious than a felony, punishable by a jail sentence of one year or less