|
Forum Rules | Firearms Safety | Firearms Photos | Links | Library | Lost Password | Email Changes |
Register | FAQ | Calendar | Today's Posts | Search |
|
Thread Tools | Search this Thread |
April 10, 2009, 01:51 AM | #1 |
Senior Member
Join Date: March 22, 2009
Location: SD
Posts: 141
|
South Dakota self defense questions spurred by self defense shooting in Brookings
First
This just happened recently in South Dakota http://argusleader.com/article/20090...DATES/90409052 Basically a drunk kid broke into a mans house, the homeowner warned the kid not to come in and that he was armed. The kid broke a window, from what I understand he also gained entry into the house and was shot 1 time in the chest. He died at the hospital. I have been looking through SD law, and haven't found anything definitive yet. I do believe we have the legal concept of a Castle Doctrine in SD. I am not going to argue about what the homeowner did do, should have done, or did not do. I won't armchair quarterback someones decision to defend themselves in their own house against an intruder. Question 1: Does anyone here know anything about SD Castle Doctrine, or self defense laws? "edit" Shortened this up a bit, realized a was writing a short novel. Last edited by jeepstrapped; April 10, 2009 at 08:34 AM. Reason: Too long & Spelling |
April 10, 2009, 09:49 AM | #2 |
Moderator Emeritus
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,660
|
Many States had "Castle Doctrine" as incorporated by case law. South Dakota was one of them. I believe that in 2007, your State legislated the Doctrine into actual law.
Most States that have legislated Castle Doctrine, go a bit further than simply making it lawful to defend your habitation with lethal force. Most also incorporate immunity from criminal prosecutions and civil lawsuits. Another piece of legislation being incorporated by many States, is "Stand Yor Ground" law. This provides a legal defense against having to retreat from any place you lawfully can be at. Usually, this type of law also attempts to provide immunity from criminal prosecutions and civil lawsuits. Since these Self Defense laws are generally new, many have not been tested in court. I don't know the specifics of SD law, so I can't comment any further. |
April 10, 2009, 10:00 AM | #3 | ||
Junior member
Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
|
I would say that South Dakota does NOT have the castle doctrine in effect. Here are SD statutes:
Quote:
A good example of Castle Doctrine is Oklahoma: Quote:
|
||
April 10, 2009, 10:04 AM | #4 | |
Senior Member
Join Date: August 21, 2000
Location: Minnesota, Twin Cities
Posts: 1,076
|
Quote:
__________________
"If you love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you and may posterity forget that ye were our countrymen." Samuel Adams. |
|
April 10, 2009, 12:11 PM | #5 | ||
Senior Member
Join Date: January 2, 2006
Location: Kansas City, MO.
Posts: 580
|
Quote:
Quote:
__________________
NRA Benefactor MSSA Life Member |
||
April 10, 2009, 01:53 PM | #6 |
Senior Member
Join Date: April 24, 2007
Posts: 723
|
Good shoot. If the article is accurate. 23 year old man, not a kid. Is it a shame? Sure it is. But actions have re- actions. That 23 year old must have missed that day in school.
__________________
Civilian Date: 14 Century 1 : a specialist in Roman or modern civil law. If you are not subject to the UCMJ, you are a Civilian. I don't care one bit what updated dictionaries say. |
April 10, 2009, 03:13 PM | #7 |
Senior Member
Join Date: April 9, 2008
Posts: 972
|
good reason to not get so drunk you cant find your own house. Guess he wont do that again. I think people should wake up and realize they control their own destiny and quit making stupid decisions. Now the family will cry it was not his fault, but i am sure the shooter did not force the alcohal down his throat and tell him to try to break in.
|
|
|