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Competition, Tactics & Training
Self Defense & Handgun Carry
Stand your ground law
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<blockquote data-quote="henschman" data-source="post: 1035901" data-attributes="member: 4235"><p>The only part I don't like is that they actually have to be entering unlawfully IN FACT for you to be immune. This means that even if you have the reasonable belief that they are unlawfully entering, if they are in fact LAWFULLLY entering and you pop them, you are no longer immune. </p><p></p><p>A recent story out of Virginia made me think about this... a young man had just been broken into so he bought a pistol. One night while he was sleeping, he was awakened by somebody kicking in his door. He walked in and saw a big armed guy in all black busting through his door, so he shot several times, hitting him in the head and killing him. Turns out it was a plainclothes Sheriff serving a no-knock warrant in the middle of the night. So even though from the guy's perspective he was just defending himself from an unknown intruder, the entry was in fact lawful because it was pursuant to a warrant. Virginia has a statute just like ours. The guy went to prison over this. Turns out the time he was broken into before, it was a police informant, who would break into the houses of people the police suspected and would tell them if there were drugs in there, and the cops would use his testimony to get a warrant. He saw the guy's banana plant he had in his garage on a heat lamp and told cops the guy was growing weed. Virginia's law sent a man to jail who wasn't doing anything wrong and just did what anyone who is interested in continuing to live would do in his situation.</p><p></p><p>I bet if we opened up this law to include even LAWFUL entries that a reasonable man in the position of the defendant would believe to be unlawful, it would make cops be a lot more careful when executing warrants, and might make them think twice about using the dangerous practice of no-knock, after dark warrants.</p></blockquote><p></p>
[QUOTE="henschman, post: 1035901, member: 4235"] The only part I don't like is that they actually have to be entering unlawfully IN FACT for you to be immune. This means that even if you have the reasonable belief that they are unlawfully entering, if they are in fact LAWFULLLY entering and you pop them, you are no longer immune. A recent story out of Virginia made me think about this... a young man had just been broken into so he bought a pistol. One night while he was sleeping, he was awakened by somebody kicking in his door. He walked in and saw a big armed guy in all black busting through his door, so he shot several times, hitting him in the head and killing him. Turns out it was a plainclothes Sheriff serving a no-knock warrant in the middle of the night. So even though from the guy's perspective he was just defending himself from an unknown intruder, the entry was in fact lawful because it was pursuant to a warrant. Virginia has a statute just like ours. The guy went to prison over this. Turns out the time he was broken into before, it was a police informant, who would break into the houses of people the police suspected and would tell them if there were drugs in there, and the cops would use his testimony to get a warrant. He saw the guy's banana plant he had in his garage on a heat lamp and told cops the guy was growing weed. Virginia's law sent a man to jail who wasn't doing anything wrong and just did what anyone who is interested in continuing to live would do in his situation. I bet if we opened up this law to include even LAWFUL entries that a reasonable man in the position of the defendant would believe to be unlawful, it would make cops be a lot more careful when executing warrants, and might make them think twice about using the dangerous practice of no-knock, after dark warrants. [/QUOTE]
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