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Thread: Man defends hearth and home

  1. #1
    Regular Member Thos.Jefferson's Avatar
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    Man defends hearth and home

    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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    Although the homeowner who shot the suspect was taken to the police station to be interviewed, police say they do not expect to file any charges against him.
    Does Kentucky have a "Castle Doctrine" or "Stand Your Ground" law that will protect the homeowner?

    Im glad the homeowner was not injured.

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    Regular Member hotrod's Avatar
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    Caste Doctrine

    Yes we do!

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    Regular Member Thos.Jefferson's Avatar
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    Quote Originally Posted by flb_78 View Post
    Does Kentucky have a "Castle Doctrine" or "Stand Your Ground" law that will protect the homeowner?

    Im glad the homeowner was not injured.
    Yes we have one of the best "Castle Doctrines" in the country.We are not required to warn or retreat and if they(bad guys) are anywhere on your property they can give their soul to God because their @&& belongs to us!
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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    Appreciate the information folks. Glad to hear there's some common sense still around.

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    You CANNOT shoot someone simply for being on your property in KY. You cannot use lethal force to protect your property in KY. You MAY use lethal force if they are in your house, trying to get into your house, or trying to burn your house or another building down on your property.

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    Quote Originally Posted by langzaiguy View Post
    You CANNOT shoot someone simply for being on your property in KY. You cannot use lethal force to protect your property in KY. You MAY use lethal force if they are in your house, trying to get into your house, or trying to burn your house or another building down on your property.
    This is good to know.

    Are there any statutes that legally define the "Castle Doctrine" in Kentucky?

    In Texas, the Castle Doctrine allowed you to protect your property as well and your neighbor's property against theft. The "Joe Horn" case proved that.
    Last edited by flb_78; 07-13-2010 at 02:04 AM.

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    Regular Member hotrod's Avatar
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    Not Exactly True

    Quote Originally Posted by langzaiguy View Post
    You CANNOT shoot someone simply for being on your property in KY. You cannot use lethal force to protect your property in KY. You MAY use lethal force if they are in your house, trying to get into your house, or trying to burn your house or another building down on your property.
    I would saying protecting property against arson is protecting property. How about carjacking? There are provisions to use deadly force to protect property

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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by hotrod View Post
    I would saying protecting property against arson is protecting property. How about carjacking? There are provisions to use deadly force to protect property
    Kentucky's "Castle Domain" covers you in your house, in your car, & in person.

    http://www.lrc.ky.gov/krs/503-00/055.pdf

    Part 4 is what you're looking for Hotrod.
    Last edited by neuroblades; 07-13-2010 at 11:12 AM. Reason: Add info
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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by flb_78 View Post
    This is good to know.

    Are there any statutes that legally define the "Castle Doctrine" in Kentucky?

    In Texas, the Castle Doctrine allowed you to protect your property as well and your neighbor's property against theft. The "Joe Horn" case proved that.
    Yes there is:

    http://www.lrc.ky.gov/krs/503-00/055.pdf
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    Regular Member neuroblades's Avatar
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    Quote Originally Posted by langzaiguy View Post
    You CANNOT shoot someone simply for being on your property in KY. You cannot use lethal force to protect your property in KY. You MAY use lethal force if they are in your house, trying to get into your house, or trying to burn your house or another building down on your property.
    He's correct and it's a basic principle, you can ONLY use lethal force IF lethal force is threatened and you have reasonable belief that you're life is truly in danger. (eg. Someone charges you with a knife at close range, someone runs at you swinging a baseball bat and screaming they're going to kill you).

    Disparity of Force is a LARGE part of justified use of lethal force in reference to an unarmed attacker! There's also a matter of "AOJ"

    AOJ means "Ability, Opportunity, Jeopardy":

    Ability means that the other person has the power to kill or to cripple you.
    Opportunity means that the circumstances are such that the other person would be able to use his ability against you.
    Jeopardy means that the other person's actions or words provide you with a reasonably-perceived belief that he intends to kill you or cripple you.

    If all 3 of these are met then defense with lethal force is legal!

    This site will explain it in more detail from the man himself:
    http://www.corneredcat.com/Legal/AOJ.aspx

    DISCLAIMER: I AM NOT AN ATTORNEY, ALL INFORMATION CONTAINED HERE IS FROM PERSONAL STUDY & RESEARCH. "AOJ" IS A MATTER OF LAW THOUGH, A MEASURE BY WHICH ALL SHOOTINGS ARE JUDGED!

    Here's an example of Disparity of Force in reality:
    http://www.startribune.com/local/south/25472764.html
    Last edited by neuroblades; 07-13-2010 at 11:40 AM. Reason: Correct spelling, add information, add disclaimer
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  12. #12
    Regular Member Thos.Jefferson's Avatar
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    Common Sense

    Quote Originally Posted by langzaiguy View Post
    You CANNOT shoot someone simply for being on your property in KY. You cannot use lethal force to protect your property in KY. You MAY use lethal force if they are in your house, trying to get into your house, or trying to burn your house or another building down on your property.
    Common sense would dictate that you have to be protecting your property and or in fear for your life or the life of your kin in order to use lethal force.
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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    Correction:

    Common sense would dictate that you have to be protecting your property AND in fear for your life or the life of your kin in order to use lethal force.

    KRS clearly spells out that you may use lethal force if you fear great bodily harm, sexual assault, arson of a building on one's property, or car-jacking.

    If you see someone stealing your car out in the street without you or anyone else in it, or you see someone carrying your TV out of your house and is in the yard leaving, it is my understanding that you MAY NOT use lethal force. I believe anyone to use lethal force in KY and is acting outside of these situations could be found in a compromising legal situation.

    And of course, I am not a lawyer either.

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    Absoultely, gutshot. Thanks for fleshing the situation out. Physical force is absolutely justified in removing a trespasser or someone stealing property.

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    The way gutshot explained it was exactly what was taught in my ccdw class. You may use whatever means of non-lethal force(in the mentioned examples) you deem appropriate up to the point that they cross the line that was previously stated and then lethal force is approved.

  16. #16
    Regular Member Thos.Jefferson's Avatar
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    Kid died today

    Turns out that a buddy of mine from high school who is a teacher had this kid as a student. My buddy told me the kid died today as a result of his wound from the gunshot he recieved when he was breaking into the house. Sad times we live in.
    He that would make his own liberty secure, must guard even his enemy from oppression; for if he violates this duty, he establishes a precedent which will reach to himself. -- Thomas Paine (1737--1809), Dissertation on First Principles of Government, 1795

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