I am confused, is there not a CA Castle Doctrine?
Quote:
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Some have posted that Florida law is different than California which does not have a castle doctine
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CA Penal Code 198.5
Quote:
198.5. Any person using force intended or likely to cause death or
great bodily injury within his or her residence shall be presumed to
have held a reasonable fear of imminent peril of death or great
bodily injury to self, family, or a member of the household when that
force is used against another person, not a member of the family or
household, who unlawfully and forcibly enters or has unlawfully and
forcibly entered the residence and the person using the force knew or
had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant
or substantial physical injury.
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Key points be unlawfully
AND forcibly. You (CA home owner) have to
know or have
reason to
believe it was
forced entry.
Essentially you are presumed to be in the clear if you have reason to believe someone has entered your abode
forcefully AND is
not of a household or family member.
As always, shoot and shut up
EDIT:
Check this thread out I started quite awhile back. Lots of good information in regards to CA law(s)
http://thefiringline.com/forums/showthread.php?t=425540