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Old 05-01-2009, 12:00 PM   #21
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Quote:
Originally Posted by ranchdweller View Post
colorado has the "make my day" law which is a no retreat castle docterine which extends to your vehicle.
+100
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Old 05-01-2009, 03:25 PM   #22
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I'm too fat to retreat. no matter what state I'm in. "sorry sir, I wasn't sure I could make it to the door so I decide taking a couple of shots was the safest thing to do"

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Old 05-01-2009, 04:32 PM   #23
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Quote:
Originally Posted by Danp
No duty to retreat in CA; you must be in fear for your own or someone else's life to use deadly force.
Well, if someone comes through my locked front door or a window in the middle of the night, I fear for my life as well as my families... Its a given.
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Old 05-01-2009, 04:35 PM   #24
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Quote:
Originally Posted by Carnivorous View Post
It's popularly known as "stand your ground" laws, that do not require retreat from anywhere. They are:

Alabama
Arizona
Florida
Georgia
Indiana
Kentucky
Louisiana
Oklahoma
South Carolina
Texas (WHOOOOO!)
Tennessee
Utah
Washington


The ones that HAVE a duty to retreat, even possibly within the home (not out of the home, but to a different location within the home) are:
Iowa
New Hampshire
New Mexico
Virginia
Washington DC
where'd you find that info? damn NM.

I know we tried to pass CRAP tons of laws to change that this year. They passed the Senate with flying colors.
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Old 05-01-2009, 04:59 PM   #25
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where'd you find that info? damn NM.

I know we tried to pass CRAP tons of laws to change that this year. They passed the Senate with flying colors.
Wikipedia Seemed the fastest way.
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Old 05-01-2009, 06:57 PM   #26
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Originally Posted by Carnivorous View Post
The ones that HAVE a duty to retreat, even possibly within the home (not out of the home, but to a different location within the home) are:
New Mexico
Don't think so!!!
NM does not have a Stand Your Ground law (YET) but case law is firmly stand your ground. It is also a Castle Doctrine state both by case law and written law. Oh and in NM Castle extends to your car.
 
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Old 05-01-2009, 07:34 PM   #27
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Don't think so!!!
NM does not have a Stand Your Ground law (YET) but case law is firmly stand your ground. It is also a Castle Doctrine state both by case law and written law. Oh and in NM Castle extends to your car.
Dont just say so. Whats your source? How do you know. I need proof, because.......................inquiring minds wanna know!
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Old 05-01-2009, 07:45 PM   #28
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Originally Posted by rtparso View Post
Don't think so!!!
NM does not have a Stand Your Ground law (YET) but case law is firmly stand your ground. It is also a Castle Doctrine state both by case law and written law. Oh and in NM Castle extends to your car.
There is no statute for New Mexico setting out the Castle Doctrine. It has been introduced as a bill, but not, to my knowledge, passed. (As of February, it was still up in the air: NEWS New Mexico Castle-Doctrine Bill Faces Opposition )

Here's a comment from another NM member on the topic: List of States with the Castle Doctrine??

So yes, if you have more information, please let us know.
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Old 05-01-2009, 07:49 PM   #29
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New Hampshire and New Mexico actually surprise me; you'd think those places would have no retreat provisions in law. Hmm.
 
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Old 05-01-2009, 08:01 PM   #30
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Don't think so!!!
NM does not have a Stand Your Ground law (YET) but case law is firmly stand your ground. It is also a Castle Doctrine state both by case law and written law. Oh and in NM Castle extends to your car.
Quote:
Originally Posted by imonfire View Post
Dont just say so. Whats your source? How do you know. I need proof, because.......................inquiring minds wanna know!
How is this.30-2-7. Justifiable homicide by citizen If you are not defending "life or limb" though good luck in court. In Tennessee v. Garner, 471 U.S. 1, 105 S. Ct. 1694, 85 L. Ed. 2d 1 (1985), the Supreme Court ruled that it is a violation of the Fourth Amendment for police officers to use deadly force to stop fleeing felony suspects who are nonviolent and unarmed. This has been used against non-LE and has been interpreted to mean Reasonable Force.
New Mexico Code> Chapter 30 — Criminal Offenses.> Article 2 — Homicide, 30-2-1 through 30-2-9.> Section 30-2-7 — Justifiable homicide by citizen.
30-2-7. Justifiable homicide by citizen.
Homicide is justifiable when committed by any person in any of the following cases:
A. when committed in the necessary defense of his life, his family or his property, or in necessarily defending against any unlawful action directed against himself, his wife or family;
B. when committed in the lawful defense of himself or of another and when there is a reasonable ground to believe a design exists to commit a felony or to do some great personal injury against such person or another, and there is imminent danger that the design will be accomplished; or
C. when necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed in his presence, or in lawfully suppressing any riot, or in necessarily and lawfully keeping and preserving the peace.
 
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