Portland Oregon: Homeowner shoots burglar. - Page 2 - XDTalk Forums - Your HS2000/SA-XD Information Source!

XDerminator · 06-29-2007, 04:42 PM

Interesting how the two provisions differ--note that the first provision addresses the burglary or attempted burglary of a "dwelling"; while the second one discusses "premises." Effectively means that if it is a place in which people live (i.e., a "dwelling") then deadly force may be used to defend against burglary; but if it is a premises other than a dwelling, deadly force is not generally permitted.

Niner4Tango · 06-29-2007, 05:52 PM

The way I read it is that 161.219 (1) and (3) apply anywhere. 161.219 (2) applies to burglarly in a dwelling. Take a look again, what do you think?

And 161.225 is all about your premises.

retired · 06-29-2007, 05:53 PM

I think Walter should have followed the police dept.'s lead and not mentioned any names. Now that he has outed his parents' names to the media, any friend or relative of the dirt bag know where to come to avenge his injury/probable death. Dumb, dumb IMO.

Excellent bullet placement to say the least.

aeneas26 · 06-29-2007, 06:21 PM

Quote:

Originally Posted by retired

I think Walter should have followed the police dept.'s lead and not mentioned any names. Now that he has outed his parents' names to the media, any friend or relative of the dirt bag know where to come to avenge his injury/probable death. Dumb, dumb IMO.

Excellent bullet placement to say the least.

You're right. It was incredibly naive/dangerous to out his parents like that. I am sure he didn't mean any harm, just hadn't thought his way through the entire situation yet.

leftywa · 06-29-2007, 06:55 PM

Quote:

Originally Posted by orrminator

There is no Castle Doctrine in Oregon but this is one of several in the last few months and thee have been no prosecutions I have been aware of...

The Castle Doctrine is an exception to the duty to retreat (even if you must normally retreat if possible, you do not have to do so in your castle). If the state does not recognize a duty to retreat, then no Castle Doctrine is needed. Oregon does not recognize a duty to retreat.

Requiem4Senses · 06-29-2007, 07:42 PM

Quote:

Originally Posted by leftywa

The Castle Doctrine is an exception to the duty to retreat (even if you must normally retreat if possible, you do not have to do so in your castle). If the state does not recognize a duty to retreat, then no Castle Doctrine is needed. Oregon does not recognize a duty to retreat.

That's the way a lot of Oregonian CHL holders I know feel about bringing the Castle Doctrine here. If it ain't broke, etc. If a duty to retreat were instituted, I would be pushing for the Castle Doctrine harder.

By the way, the local news just informed the public (thankfully) that the hero was well within his rights by shooting the intruder.

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06-29-2007, 04:42 PM	#11
XDerminator XDTalk 100 Member Join Date: Aug 2005 Location: Shawnee, KS Posts: 404	Interesting how the two provisions differ--note that the first provision addresses the burglary or attempted burglary of a "dwelling"; while the second one discusses "premises." Effectively means that if it is a place in which people live (i.e., a "dwelling") then deadly force may be used to defend against burglary; but if it is a premises other than a dwelling, deadly force is not generally permitted.

06-29-2007, 05:52 PM	#12
Niner4Tango XDTalk 100 Member Join Date: Mar 2007 Location: SW Washington Posts: 446	The way I read it is that 161.219 (1) and (3) apply anywhere. 161.219 (2) applies to burglarly in a dwelling. Take a look again, what do you think? And 161.225 is all about your premises.

06-29-2007, 05:53 PM	#13
retired XDTalk 5K Member Join Date: Dec 2004 Location: S. Calif. Posts: 5,599	I think Walter should have followed the police dept.'s lead and not mentioned any names. Now that he has outed his parents' names to the media, any friend or relative of the dirt bag know where to come to avenge his injury/probable death. Dumb, dumb IMO. Excellent bullet placement to say the least.