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Old January 22, 2012, 12:12 PM   #41
C0untZer0
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Join Date: April 21, 2011
Location: Illinois
Posts: 4,555
In 2006 South Carolina enacted a law called 'Protection of Persons and Property Act'. Twice in the wording of the bill they mention "castle doctrine"

Yes SC's Protection of Persons and Property Act applies to people at their place of business.

Quote:
Section 16-11-440. (A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

(1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and

(2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

The citizen who used his firearm in this case is not covered by SC's castle doctrine because he was in his place of business - the Waffle House. The citizen who shot Dante Williams does not own the Waffle House.

However, the citizen is covered under Protection of Persons and Property Act by the clause in sub section C which says " A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be.."

The citizen had a right to be there. While I think it should be against the law for a grown man to say "rutti tutti fresh and fruity", it's not, and that's a different restaraunt anyway... so basically the man who shot Dante Williams is covered under South Carolina's Protection of Persons and Property Act, also called South Carolina's castle doctrine.
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