Does Castle Doctrine Apply to Your Car?
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- Опубликовано: 31 мар 2022
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Just had a case of this in cen tex..suspect carjacked 1 veh, crashed it during a pursuit, tried to carjack another veh only to be shot by the driver. Police didnt charge the driver
My general rule is that, if I'm in my car, it's my " castle ".
Unfortunately your rules don't keep you out of prison...believe me you don't want to go.
@@xxlxpman In fact, that rule will keep me out of prison. I don't live in an authoritarian welfare State. A number of courts have upheld this doctrine.
You're right, your mode of transportation is considered an extension of your home. At least it's recognized as that, in my home state and is concealed carry on your own property. Check your home state laws on that to be sure though.
Thank you for clearly defining the limits for response. Your information, I suspect, will go a long way in protecting those of us who need to know exactly where the lines are drawn.
Great video, Thank you.
Thanks
I was always told never draw your weapon unless you going to us it.
randy mills jr. I am pretty much the same. If I am being forced to draw my gun to defend my life somebody is going to the morgue.
That's a good rule to live by. If you aren't certain that you can use deadly force, don't bring that firearm into the mix.
Cops routinely draw their firearm without using it.
They use it as a threat, but if the citizen even has a gun the cops will assume he is going to use it against them. This is where the citizen is relegated to a 2nd class citizen, not the ruling class as they should be.
That's a good policy Randy.
As someone who carries a gun for work. That's exactly what I do. There are some caveats though.
If someone approaches you with a gun, seemingly aggressively but not pointing at you or anyone. Do you draw to prepare yourself? Or do you wait to get shot. I would draw and not point until they point.
CA does not have the Castle Doctrine, although the doctrine is given force in jury instruction in cases involving self-defense in the home. In CA, the doctrine does not apply to cars.
You know how in other states you see those "protesters" and "BLM" and the such blocking moving cars on roads and you know how in Texas you have castle doctrine rights in your car?? Well is it legal to just bulldoze thru those people in self defense? Of course within reason if so, but what particular reasons?? What if the "protesters" simply won't get out the way? Or perhaps what if they won't get out of the way and are also attacking physically your vehicle (castle)?? What are the Texas legal parameters to this type of self defense?
I think in this situation you are being assaulted and kidnaped. You should be able to to do what's necessary to extricate yourself and get to safety. But the law is woke, sooo.
Emily can you tell me if Oklahoma’s law is similar to Texas I believe it is.
How about someone on a motorcycle?
Another response to a threat from outside your vehicle is drive away IF that doesn't leave you open to get shot. Also, I will run someone over that tries to block the road on me. They have taken away your ability to flee or avoid the trouble. TN law specifically upholds your right to self defense if you are in a vehicle. The law was written with an attempted car jacking in mind. Thanks for your 2A. specific videos.
What if I'm in my apartment and someone attacks my car?
I guess you could just call the police and let comprehensive insurance cover the damage. If you try to go out and stop the person and you end up having to use a weapon in self defense, tyrannical prosecutors have a good case against you for “provoking”
I've always wondered this. The, if you are in your car and someone tries to carjack you while you're inside it (they have no weapon but try to enter and physically harm you), can you act in self defense? Maybe someone else can chime in with more detail. I'm in Nevada, a stand your ground state.
if u live in ur car then yes'
doesn't matter in ohio anymore, but on the live on patrol show Saturday night they arrested a guy in ohio who was concealed carrying like the new law says he can and he was arrested for carrying a concealed weapon? ohio has constitutional carry so I'm confused?.....
Correcto mundo. I would add it is good the guy in the car did NOT shoot. You must be in fear of your life and it must be a last resort e.g., the guy in the car could have simply driven off.
🤓✌🖖👌👍😎
IF you pull your weapon and draw a bead you MUST fire your weapon on target. NEVER draw your weapon unless you are prepared to FIRE the same. Semper Fi imo
No, not if the circumstances change in the act of your drawing. In this case when the man drew his weapon the man pulled back his arms. At the moment he did, the justification for shooting was over. If you were justified for shooting your weapon clearly you were justified in drawing it. The reverse isn’t true. Semper Fi and thanks for your service.
I disagree with "must fire your weapon". What if the person throws down their weapon, or backs away, or surrenders? Or the threat ceases? I do agree with the part about "unless you are prepared to fire".
You are correct that your weapon isn’t a communication device. If you have justification to use it, draw it and prepare to fire and fire if the circumstances still justify it. If you don’t, drawing it to intimidate is possibly brandishing and could just get you in trouble where before you were the innocent party.
@@Whitpusmc You are, regrettably, totally correct: see my comment above about Michael Drejka.
Good advice if one is looking for extended jail time. I seriously doubt any criminal defense lawyer will agree with you.