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by anomie
Sat Jul 20, 2013 2:22 pm
Forum: The Crime Blotter
Topic: A tragic but probably "good shoot"
Replies: 22
Views: 2807

Re: A tragic but probably "good shoot"

rp_photo wrote:I don't think it's coincidence that the states where you are least able to stand your ground have it the worst.
California has a reasonable person standard by statute and has been a "no duty to retreat/stand your ground" state by case law since 1898 (that might be a year or two off but is at least the right decade)

Edit: found the cite

Code: Select all

People v. Newcomer, (1897) 118 Cal. 263, 273 
"When a man without fault himself is suddenly attacked in a way that puts his life or bodily safety at imminent hazard, he is not compelled to fly or to consider the proposition of flying, but may stand his ground and defend himself to the extent of taking the life of the assailant, if that be reasonably necessary" 
The law with respect to self defense in California isn't actually too bad. The problem is the gun laws are terrible, quite likely getting worse, and you can't keep a loaded weapon in your car without a carry permit, it has to be locked up, unloaded and inaccessible to you.

Whether or not you can get a carry permit depends on where in California we're talking about. Oakland, I wouldn't even try. I lived in Contra Costa county for a while and I think there it was pretty much 'if you've donated enough to the Sheriff's election you can probably swing it', although I think that's changing. In San Bernardino county, where I grew up, I think right now it's a matter of if you know how to write your reason up on the app (you can't write simply 'for self defense'), you'll be able to get one (and my friends and I used to legally open carry on county land).

My general experience there was that people in California who grew up around guns oppose gun control, but are vastly outnumbered by people around places like L.A. and San Francisco who get all their knowledge about guns from movies and t.v. shows.

The state as a whole is pretty much a stellar example of why shall issue is better than may issue. The land there is beautiful, I find myself missing desert sunsets ... but law wise, I'm really glad I left.

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