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Posted: 1/17/2017 2:13:00 PM EDT
It looks like there's a Castle Doctrine push this legislative session.  On one hand, I'm always okay with people defending their own property and I can't understand why burden of proof should ever be on the homeowner to prove innocence.  On the other hand, this state seems to have done well this whole time without such a legal provision.

How do you existing locals view Castle Doctrine?

https://www.idahosaa.org/idaho-legislative-session-underway/
Link Posted: 1/17/2017 4:52:14 PM EDT
[#1]
I am all for it. Just more needed legal protection we currently don't have but in reality shouldn't even need to have.
Link Posted: 1/18/2017 12:06:30 AM EDT
[#2]
Any link to the text of the new bill? I haven't been able to find it.
The current law:

TITLE 6
ACTIONS IN PARTICULAR CASES
CHAPTER 8
ACTIONS FOR NEGLIGENCE
6-808.  Civil immunity for self-defense. (1) A person who uses force as justified in section 18-4009, Idaho Code, or as otherwise permitted in sections 19-201 through 19-205, Idaho Code, is immune from any civil liability for the use of such force except when the person knew or reasonably should have known that the person against whom the force was used was a law enforcement officer acting in the capacity of his or her official duties.
(2)  The court shall award reasonable attorney’s fees and costs incurred by the defendant in any civil action if the court finds that the defendant is immune from such action pursuant to this section.
(3)  As used in this section, "law enforcement officer" means any court personnel, sheriff, constable, peace officer, state police officer, correctional officer, probation or parole official, prosecuting attorney, city attorney, attorney general, or their employees or agents, or any other person charged with the duty of enforcement of the criminal, traffic or penal laws of this state or any other law enforcement personnel or peace officer as defined in chapter 51, title 19, Idaho Code.
History:
[6-808, added 2006, ch. 453, sec. 1, p. 1345.]
Link Posted: 1/18/2017 2:35:54 AM EDT
[#3]
The problem there is 18-4009, which as I read it, says someone has to quickly and violently kick your door in, and then start beating/raping you.

TITLE 18
CRIMES AND PUNISHMENTS

CHAPTER 40
HOMICIDE



18-4009.  JUSTIFIABLE HOMICIDE BY ANY PERSON. Homicide is also justifiable when committed by any person in either of the following cases:
1.  When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2.  When committed in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein; or,
3.  When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mortal combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed; or,
4.  When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
History:
[18-4009, added 1972, ch. 336, sec. 1, p. 930.]
View Quote
Link Posted: 1/18/2017 9:38:52 AM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
The problem there is 18-4009, which as I read it, says someone has to quickly and violently kick your door in, and then start beating/raping you.
View Quote


This is a key part of the sentence.

When committed in defense of habitation, property or person, against one who manifestly intends or endeavors...

My fear is many times when we get a new bill, the focus tends to be based on a small group's personal view or goal. This creates a situation where the new bills miss something and closes the door on part of our current freedoms.
With enhanced ccw, they gained the right to carry on campus and the rest of us were restricted from carrying in the stadium, taco bell arena, morrison center, etc.

Not much different than the gun banners taking guns, mags, capacity; from criminals. The rest of us bear the weight of their narrow minded focus.
Link Posted: 1/19/2017 12:01:01 PM EDT
[#5]
Link Posted: 1/27/2017 7:21:04 PM EDT
[#6]
Not to be that guy, "Back where I came from...!"

But.

I have lived in a couple of strong stand your ground states, with Texas being the strongest.  Barring the Joe Horn shooting, it didn't really seem to be a problem.  Texas has some pretty interesting laws (asset recovery) and I don't recall anyone screaming about blood running in the streets. 
Link Posted: 2/26/2017 3:44:39 PM EDT
[#7]
Link Posted: 2/27/2017 4:07:29 PM EDT
[#8]
We dont need no Castle Doctrine here. I hope this does not pass the way its worded. If not i will need to have a throw away gun with the serial numbers scratched off.
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