Feb 11 2013
From an opinion piece submitted here last week; the source is a security firm.
In the wake of the recent tragedies in Aurora, Colorado, and at Sandy Hook Elementary, gun control has resurfaced in the public eye as a controversial issue.
Should everyone have the right to bear arms, as mandated by the second amendment?
Or should the government step in and regulate the sale of firearms?
When it comes to self-defense, many states have extensive laws that allow a person to use deadly force for self-defense. The law, sometimes referred to as the “Castle Doctrine,” stipulates that deadly force is legitimized if a person reasonably feels they are in grave danger, in their home or anywhere else they feel they have the right to be.
There is also another element to self-defense law that involves the “duty to retreat.” In jurisdictions where this component exists, the defense must prove that a criminal defendant took reasonable steps to avoid conflict before ultimately using force. Essentially, it requires that a person is only permitted to use deadly force in self-defense only when retreat is not possible, or when retreat poses an imminent danger to the victim.
Regardless, it’s imperative that you are familiar with the laws in your particular state if you own a firearm for self-defense purposes. Several states have a “stand-your-ground” law, which means there is no duty to retreat, regardless of where the attack occurs. Meanwhile, a number of other states legislate that there is no duty to retreat only if the attack occurs in the victim’s home. Furthermore, a few states may rely on case law instead of specific legislation to determine the validity of a self-defense claim.
Currently, Idaho relies on case law to interpret justifiable homicide. The state doesn’t have a stand-your-ground statute or duty-to-retreat statute, but allows a person to use justifiable homicide as a defense. Idaho’s case law, under State v. McGreevey, decrees that “One may stand one’s ground and defend … oneself … by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge.”
On the other hand, Oregon state law dictates that use of force is justified in multiple scenarios, and no duty to retreat is specified.
At the end of the day, it’s important to remember that there are plenty of other ways to protect your home than just with a firearm. Oftentimes, a quality home security system is enough to deter burglars and other would-be intruders. Today, you can purchase a highly effective wireless system for a very modest price. For example, if you take a look at www.HomeSecuritySystems.com, you’ll see that an ADT Monitored Home Security System costs you around $9 bucks per week – a price most families can afford.Share on Facebook