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Old January 3, 2010, 03:21 PM   #9
madmag
Senior Member
 
Join Date: February 7, 2007
Location: The South
Posts: 4,239
Quote:
Mad Dog,

You are confusing Castle Doctrine with Stand Your Ground(Make My Day) type provisions. Castle Doctrine has to do with one's home and only their home. SYG type provisions has to do outside of one's place of abode.

Not correct. Here in SC the Castle Doctrine extends to vehicle and on street for CWP license. Another important aspect is it protects against civil law suit if it's determined you followed the Castle Law. This is what makes the SC law very good compared to others.

http://www.sled.sc.gov/ProtectionOfP...spx?MenuID=CWP

Quote:
The stated intent of the legislation is to codify the common law castle doctrine, which recognizes that a person’s home is his castle, and to extend the doctrine to include an occupied vehicle and the person’s place of business. This bill authorizes the lawful use of deadly force under certain circumstances against an intruder or attacker in a person’s dwelling, residence, or occupied vehicle. The bill provides that there is no duty to retreat if (1) the person is in a place where he has a right to be, including the person’s place of business, (2) the person is not engaged in an unlawful activity, and (3) the use of deadly force is necessary to prevent death, great bodily injury, or the commission of a violent crime. A person who lawfully uses deadly force is immune from criminal prosecution and civil action, unless the person against whom deadly force was used is a law enforcement officer acting in the performance of his official duties and he identifies himself in accordance with applicable law or the person using deadly force knows or reasonably should have known the person is a law enforcement officer.

H.4301 (R412) was signed by the Governor on June 9, 2006.
Which means anywhere you are covered by your license. I have a right to be on the street...etc. And I have a right to carry by virtue of my SC CWP license.

Quote:
Using the term "Castle Doctrine" for anything beyond the above is like using the term "clip" for magazines.
Yeah, kinda like calling me mad dog instead of madmag.

The lesson is Castle Laws are not the same in each state. I think there are other states like SC that have extended the Castle Laws to outside the home, and have included provisions against civil law suits.

Last edited by madmag; January 3, 2010 at 04:17 PM.
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