Stand Your Ground in California

Discussion in 'Civil Liberties' started by ravill, Aug 10, 2012.

  1. ravill

    ravill New Member

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    I've tried to research a bit on this but I can't quite seem to find some consensus in California.

    If you are walking through a neighborhood and some foolio approaches you with a gun/knife/fist can you even defend yourself or are you forced to run away? What if you know you can't outrun this perp? Then what? What if he has a knife and you a gun?

    What if you beat the guy up and then he turns to run from you, how much can you do to make sure he/she doesn't turn and shoot you in the back?

    Anyone have any links?
     
  2. robini123

    robini123 Well-Known Member

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    Well to find out definitively the answer you would need to pour through City, County, and State websites which can be daunting. Things I know by watching the news on cases from the past; you can use force but not excessive force. Meaning if you disarm a gunman, he continues fighting for control of the gun and you have to shoot him, he drops to the ground moaning in pain no longer a threat... you cannot just shoot him again because you are angry, as that would be excessive force and you would go to jail.

    It is best to just give the assailant what they want, but if things turn ugly or you feel like violence is imminent... then you can defend yourself... just remember these two words... excessive force... know when to stop... when the perp runs off, or you incapacitate him. In many States legally It can be a fine line between being a hero and a killer.

    Like I said though... to be safe ask a Law Enforcement official or do tons of boring reading of civil law.
     
  3. DarkDaimon

    DarkDaimon Well-Known Member

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    While California does not have a "stand-your-ground" law per se, the courts in California have ruled that self-defense is legal. Here's a link to a good article about it.
     
  4. Anders Hoveland

    Anders Hoveland Banned

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    I would assume that if he has pulled out a gun, you have the right to either shoot him or beat him until he lets go of the gun. I do not think you are allowed to chase after them unless they have a gun pulled out.

    If he approaches you with a knife, you have to give him a clear verbal warning. But if he is running at you with a knife and there is no time for a warning, you should probably shoot him. Ideally not in a place that will kill him.

    If someone suspiciously approaches you, and it is in an isolated place with no people around, you should try to walk at a fast pace away from them. If it is obvious they are following you, give them a warning, making it clear what you will do to them if they approach you. I am not sure of the exact legality, but I would think it should be acceptable to use some type of force to stop them, even if there is no vissible weapon.
     
  5. Ivan88

    Ivan88 Well-Known Member

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    Yeah, you're supposed to be nice to the guy trying to kill you. Cops on the other hand can kill you when you are handcuffed and lying on the ground, or sleeping in your car, or just walking along the street.

    "They can't do that!" you say. But these are things that have happened in California when some genius cop goes into superior mode.
    untamedcat17.jpg
     
  6. Gemini_Fyre

    Gemini_Fyre New Member

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    This is the most exquisite piece of bull(*)(*)(*)(*) I have seen in a long while. How did this enter your mind? Be a hard target. They will likely turn to others to prey upon.

    [/quote]
    Like I said though... to be safe ask a Law Enforcement official or do tons of boring reading of civil law.[/QUOTE]

    ...and another piece...Many officials do not know the laws they enforce, and enforce their will instead of the law. This is not all mind you, but a portion of significance.

    If you want to know the law, go to your courthouse, ask directions to the law library, and take a legal dictionary with you - words are not what you think they mean. Laws are written in an entirely different form of english. And not everything is online either.
     
  7. robini123

    robini123 Well-Known Member

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    Gunman gets the drop on you as you walk to your car in a parking lot. How do you make yourself a hard target then Neo? Can you dodge bullets? Let me guess, you are hyper vigilant and have eyes in the back of your head... so the thought that anyone could ever get the drop on you is an impossibility... right? Go ahead and fight a gunman who has the drop on you tough guy, its your funeral.

    If you actually believe making yourself a hard target insures that you will never be a target or caught by surprise... well I have some Ocean front property to sell you in Idaho... just a short walk to the beach... will sell cheap...

    Our graveyards are littered with the bodies of men who thought they were tough guys... heck of a lot of good their tough guy attitude did them. I'm into being smart, knowing when to fight and when to take flight and when to just shut up and give the man with the gun in my face what he wants.
     
  8. Gemini_Fyre

    Gemini_Fyre New Member

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    Well. You can always carry a gun and even the odds, but surprise has its advantages. So does shooting back. No not hypervigilant, at least not anymore. I prefer to control my surroundings as best I can to minimize the chance of it ever happening. Never said I could dodge bullets, and I don't even know Kung Fu, well nnot much anyways.
    Never said that, I said it was likely that they would choose weaker prey. Learn to read.
    Its true, what you said about graveyards and tough guys. But you left out the weaklings and sissies too. And yes, flight has its purpose. Are you that naive to believe I don't know the difference of when to run and when to fight? And what if the man with a gun wants to rape you? What if he wants your phone number and personal information? Facts are you don't even know what he wants until he tells you. Rarely has cooperating with a criminal helped the victim.

    If that is your attitude, than your odds to be regularly harvested as a source of income is greatly increased. If you act like a lamb, don't be surprised when wolf hunt you.
     
  9. FrankCapua

    FrankCapua Well-Known Member Past Donor

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    Not in California, but I was once advised by a police officer that if I shot a burglar in my house, make sure the shot or shots were fatal. Otherwise, the officer said, the wounded criminal will bring suit against you as he was just confused or drunk and accidentally entered the wrong house. Further advice was not to shot him in the back and not when he was running out the door, and not a bad idea to put a knife in his hand.
     
  10. Toefoot

    Toefoot Well-Known Member Past Donor

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    Go to Calguns.net. Very good with the laws. https://www.google.com/url?sa=t&rct...hfUBQud0i4ApOQw5iu3uI7Q&bvm=bv.42261806,d.aWc

     
  11. Anders Hoveland

    Anders Hoveland Banned

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    California will not even let you carry a gun out on the street unless you have permission or a permit from local county law enforcement. That is how far freedoms have slipped away.

    It was not any one law that did this, but rather a combination of 4 different laws over a period of years. One law bans open carry of handguns, another bans concealed carry of handguns without a permit, and recently a third law banned the open carry of long guns. Thus, it is technically true when the gun grabbers say in the media that "there is no law that bans guns" — there are actually four of them!
     

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