The Firing Line Forums

Go Back   The Firing Line Forums > The Conference Center > Law and Civil Rights

Reply
 
Thread Tools
Old October 3, 2009, 10:33 PM   #26
SQUAREKNOT
Senior Member
 
Join Date: July 16, 2008
Posts: 251
Definition is clear as mud

Legal definition of dwelling could be argued on both sides. I'm not a lawyer but it looks to me that an attached garage is part of a dwelling/structure/building. So it appears that anyone found in my attached garage is in the same jeopardy as someone found in my bedroom.


2. "Dwelling" means any building or structure, though movable or temporary, or a
portion thereof, which is for the time being a person's home or place of lodging.
3. "Force" means physical action, threat, or menace against another, and includes
confinement.
4. "Premises" means all or any part of a building or real property, or any structure,
vehicle, or watercraft used for overnight lodging of persons, or used by persons for
carrying on business therein.
SQUAREKNOT is offline  
Old October 4, 2009, 10:11 AM   #27
Howaido
Member
 
Join Date: July 13, 2008
Posts: 29
I recall a case sometime ago from Cali where some bum got picked up for being too drunk and breaking into the wrong apartment where he was found passed out on the couch, B&E. Then he was arrested for having weed back in the day when it was illegal in Cali, and then he stole a bicycle from an attached garage, burglary of a residence.

3 strikes got him life. So, in Cali, an attached garage is part of the residence.

I know don't do the crime if you can't do the time, but life for this loser is just a bit harsh when it keeps others out of prison who are more deserving when a judge orders release due to over-crowding.
__________________
I got the last good 870 Express and you can't have it.
Howaido is offline  
Old October 4, 2009, 10:15 AM   #28
imthegrumpyone
Senior Member
 
Join Date: July 3, 2007
Location: spring tx
Posts: 1,037
If anyone doesn't understand what part of "it belongs to me"
sorry for you!!
__________________
chambered and unlocked
imthegrumpyone is offline  
Old October 4, 2009, 04:31 PM   #29
OuTcAsT
Senior Member
 
Join Date: January 8, 2006
Location: Nashville, TN
Posts: 1,169
Quote:
If anyone doesn't understand what part of "it belongs to me"
sorry for you!!

Please clarify what you are trying to say...As it relates to this topic "it belongs to me" means absolutely nothing. Are you trying to say that if something "belongs to you" you have an unencumbered right to use deadly force to protect it ? If so, then I suggest you research a bit further, as this is certainly not the case in all jurisdictions, thus the OP's question.

Depending on what State you hail from, it may not be legal in your own jurisdiction.
__________________
WITHOUT Freedom of Thought, there can be no such Thing as Wisdom; and no such Thing as public Liberty, without Freedom of Speech. Silence Dogood

Does not morality imply the last clear chance? - WildAlaska -
OuTcAsT is offline  
Old October 4, 2009, 06:07 PM   #30
divemedic
Senior Member
 
Join Date: August 12, 2006
Posts: 1,313
Here it is:

12.1-05-12. Definitions. In this chapter:

2. "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a person's home or place of lodging.
__________________
Caveat Emperor
divemedic is offline  
Old October 5, 2009, 08:35 PM   #31
qwik
Senior Member
 
Join Date: May 22, 2004
Location: nc
Posts: 151
Front, rear & garage door locked . side door from garage unlocked. Its part of my home .
__________________
havejeepwilltravel [0lllllll0]
qwik is offline  
Old October 14, 2009, 07:08 AM   #32
Don P
Senior Member
 
Join Date: December 17, 2005
Location: Florida
Posts: 4,786
Quote:
A question came up tonight. If a BG invades your home and you have a legal right to use deadly force to defend you home. Is your attached garage considered (legally) your home? Or is it a separate place legally?
Personally I consider anyone that illegally and forceably enters my home a deadly threat and that includes the garage.
Anyone?
State you live in would be a big help
__________________
NRA Life Member, NRA Range Safety Officer, IDPA Safety Officer
As you are, I once was, As I am, You will be.
Don P is offline  
Old October 14, 2009, 08:37 AM   #33
Mello2u
Senior Member
 
Join Date: February 21, 2009
Location: Georgia
Posts: 1,424
While the original question is vague to say the least:

I imagine that you would face prosecution for some sort of illegal homicide if you shot an univited person who was in your unattached garage which was 30 feet from your house with your firearm through your window and the garage window at a total distance of 35' or so. Imagine if the officer interviewed you and you said: "I saw him in my garage and he was messin with my stuff! that really scared me so I stopped him."

You might have a better defense if you shot the trespasser while you both stood in open doorways 30 feet apart. This still leave various facts not determined like whether the intruder had the ability to harm you.

An garage which is not attached to your home can have different legal statuses depending upon the legal question. Note what your home owner's policy says. Buildings which are not attached to your home are not covered under the same schedule of perils as the home structure or for the same amount of coverage.
__________________
NRA Life Member - Orange Gunsite Member - NRA Certified Pistol Instructor
"When plunder becomes a way of life for a group of men living together in society,
they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it.
" Frederic Bastiat

Last edited by Mello2u; October 14, 2009 at 08:42 AM.
Mello2u is offline  
Old October 17, 2009, 06:19 AM   #34
blume357
Senior Member
 
Join Date: August 2, 2005
Location: Greenville, SC
Posts: 3,943
Square Knot... I'm sure an 'attached' garage is part of your home..

with that said... a lot of folks get confused with laws... most states I don't think determine a difference between inside your dwelling and on your property... it is all your 'castle' along with your place of work often. In fact, in some states a public rest room has been determined to be the same as your home with no obligation to retreat even before newer castle doctrines.
blume357 is offline  
Old October 29, 2009, 12:00 AM   #35
beerbebud
Junior Member
 
Join Date: October 28, 2009
Posts: 8
in the appraisal of a home the square footage of the garage is not included in the home. legally it would depend on the prosecutor and also im sure as to if the garage door was initially closed or not. if it was closed i would assume it would be considered part of the home, although there is another sturdy usually bolted and locked door between the garage and inside of the home. if the garage were open i would think the most the intruder was doing was trespassing and could not be charged with burglary maybe theft which i dont think you can shoot someone for
beerbebud is offline  
Old October 29, 2009, 12:22 PM   #36
brickeyee
Senior Member
 
Join Date: December 29, 2004
Posts: 3,342
Quote:
in the appraisal of a home the square footage of the garage is not included in the home.
Completely different issue.

At the very least the yard and any outbuildings are curtilage, and there is very likely some statute law and a lot of case law establishing your rights in that area.

While they are often more limited they will also be stronger than on public land (like the roadway).
brickeyee is offline  
Old October 29, 2009, 12:25 PM   #37
Brasscatcher84
Junior member
 
Join Date: April 14, 2009
Location: Oklahoma
Posts: 128
That would certainly depend on the state in question. Here in Oklahoma, your home includes all "curtilages" ie porch, garage, carport, etc. Also, it includes your outbuildings if you or any member of your household are in that outbuilding when the BG breaks in. This info I got courtesy of my local District Attorney, who also teaches at the university I attend.
Brasscatcher84 is offline  
Old October 29, 2009, 12:27 PM   #38
Brasscatcher84
Junior member
 
Join Date: April 14, 2009
Location: Oklahoma
Posts: 128
Also, forgot to mention, Oklahoma self defense act allows use of "deadly force" in "defense of property", but currently there is no case law to expound meaning into that phrase.
Brasscatcher84 is offline  
Old November 6, 2009, 06:59 PM   #39
Levers
Junior member
 
Join Date: October 18, 2009
Location: Bum Fork
Posts: 35
In NY the court would allow you to shoot the perp only after he had already killed you so as to fully demonstrate his intentions. After all, the perp has rights too. I guess house or garage is not an issue here.
Levers is offline  
Old November 6, 2009, 09:13 PM   #40
javabum
Senior Member
 
Join Date: July 6, 2009
Location: Californication
Posts: 264
As far as im concerned my attached garage is part of my home and will defend my self if need be.
But here in California,defense of ones property (IE:car,truck and the sort)is illegal.So if some one were to try to steal it you could not shoot said robber.But said robber will be in for a rude awakening.I wont shoot him/her but mace or a few well placed punches will find the mark.I wouldn't stand there and let them steal from me with out doing something.
__________________
Stupidity Should Hurt.....Immensely

NRA Life member
javabum is offline  
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 09:26 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2014, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2014 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Contact Us
Page generated in 0.11895 seconds with 7 queries