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09-08-2010, 11:18 PM #21
[quote="Newmexican"]When the truck pulls up in front of our house and stops to intimidate you, is the street clean and free of things that might damage tires. Do you have a fence around your yard? Is it electric? Are firecrackers illegal in your town or can you set them off at celebration I'm just sayin...it is usually illegal to discharge a "friend" in the city limits even on your own property.[/b]
The street is clean. I sweep it twice a week in front of the house. No fence.
Firecrackers illegal. I'm in the city limits. Discharging my friend in the yard would be a no no. Ya see, there are no simple answers here. Me leaving the house to confront them empty handed is just plain insanity. My neighbors have seen me loading up the dually with with gun cases when I go to the range. I even had one call the PD to complain that I was "brandishing weapons" one day while loading up. That call was answered fast. They were here before I could finish loading up. Once they saw everything was locked and separated they calmed down. Heck, they even drooled over a couple of my friends.
California has some really goofy laws. Castle Doctrine ain't one of em. The Libs have almost outlawed gun ownership here.
I was informed by an Officer of the Law, that if I did have to defend my property I would be brought up on charges and have to deal with the courts. We aren't rich. We'd have to sell the house to hire the law dawgs.
And then we'd have nothing.
Ain't America great? 30 years in the Corps as an 03. Lost more pals than I care to count. Shot, stabbed, blown up and shot down in a chopper. Survived all that just to have to deal with this.
It just ain't right America, ain't right by a long shot.
UncleSurf,
Top of the wall,
Tip of the Spear.
Gave my all,
just to get it
in the rear.[/i]
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09-09-2010, 12:11 AM #22
Re: IN a Bad SPOT
Originally Posted by MacMell
I have done this to give us some kind of protection just in case. These are not teenagers I'm dealing with folks. These are 30, 40 and even 50 year old men from south of the border. Hard looking people. Always grouped up. I've seen this type all over the world. Hardened people with nothing to lose. I stayed alive through some bad dealios by profiling. Knowing what to look for.
What I need is a new set of rules of engagement. Proactive instead of reactive. My wife's safety is my only concern on this here planet. And lately I've had cause to worry. But this ol' dawg has plenty of bite left and we are not cuttin and runnin. Just not my way.
I'm standing my ground. Grabbing my Grit. Feeding the dogs liver and red meat. Emptied the safe and prepped all my friends, stashed em throughout the house for a quick grab. Security cameras and motion sensors. I'm even getting up every couple of hours and roaming the property Bonnie and Clyde.
Trying to find a ray of hope. Then again, Hope and Faith grabbed Luck and
headed out of town on a train a while back. Bottom line? Me and the dogs.
Time to read the night. I'll keep ya'all posted.
US
On the Wall
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09-09-2010, 12:17 AM #23
UncleSurf CA does have a form of the Castle Law - here is the ca law right out of the CA Department of Justice Book on Firearms Laws
3. THE USE OF FIREARMS IN DEFENSE OF LIFE AND PROPERTY
California Firearms Laws
The question of whether use of a firearm is justified for self-defense cannot be reduced to a simple list of factors. This section is based on the instructions generally given to the jury in a criminal case where self-defense is claimed and illustrates the general rules regarding use of firearms in selfdefense.
Use of a Firearm or Other Deadly Force in Defense of Life and Body
The killing of one person by another may be justifiable when necessary to resist the attempt to commit a forcible and life-threatening crime, provided that a reasonable person in the same or similar situation would believe that (a) the person killed intended to commit a forcible and lifethreatening crime; (b) there was imminent danger of such crime being accomplished; and (c) the person acted under the belief that such force was necessary to save himself or herself or another from death or a forcible and life-threatening crime. Murder, mayhem, rape, and robbery are examples of forcible and life-threatening crimes.
Self-Defense Against Assault
It is lawful for a person being assaulted to defend himself or herself from attack if he or she has reasonable grounds for believing, and does in fact believe, that he or she will suffer bodily injury.
In doing so, he or she may use such force, up to deadly force, as a reasonable person in the same or similar circumstances would believe necessary to prevent great bodily injury or death. An assault with fists does not justify use of a deadly weapon in self-defense unless the person being assaulted believes, and a reasonable person in the same or similar circumstances would also believe, that the assault is likely to inflict great bodily injury.
It is lawful for a person who has grounds for believing, and does in fact believe, that great bodily injury is about to be inflicted upon another to protect the victim from attack. In so doing, the person may use such force as reasonably necessary to prevent the injury. Deadly force is only considered reasonable to prevent great bodily injury or death.
NOTE: The use of excessive force to counter an assault may result in civil or criminal penalties.
Protecting One’s Home
A person may defend his or her home against anyone who attempts to enter in a violent manner intending violence to any person in the home. The amount of force that may be used in resisting such entry is limited to that which would appear necessary to a reasonable person in the same or similar circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might safely be made. One may resist force with force, increasing it in proportion to the intruder’s persistence and violence, if the circumstances apparent to the occupant would cause a reasonable person in the same or similar situation to fear for his or her safety.
The occupant may use a firearm when resisting the intruder’s attempt to commit a forcible and lifethreatening crime against anyone in the home provided that a reasonable person in the same or similar situation would believe that (a) the intruder intends to commit a forcible and life-threatening crime; (b) there is imminent danger of such crime being accomplished; and (c) the occupant acts under the belief that use of a firearm is necessary to save himself or herself or another from death
or great bodily injury. Murder, mayhem, rape, and robbery are examples of forcible and lifeCalifornia threatening crimes.
Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an
unlawful and forcible entry had occurred. Great bodily injury means a significant or substantial physical injury. (Penal Code § 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally liable for an unlawful assault or homicide.
Defense of Property
The lawful occupant of real property has the right to request a trespasser to leave the premises. If the trespasser does not do so within a reasonable time, the occupant may use force to eject the trespasser.
The amount of force that may be used to eject a trespasser is limited to that which a reasonable person would believe to be necessary under the same or similar circumstances.
Limitations on the Use of Force in Self-Defense
The right of self-defense ceases when there is no further danger from an assailant. Thus, where a person attacked under circumstances initially justifying self-defense renders the attacker incapable of inflicting further injuries, the law of self-defense ceases and no further force may be used.
The right of self-defense is not initially available to a person who assaults another. However, if such person attempts to stop further combat and clearly informs the adversary of his or her desire for peace but the opponent nevertheless continues the fight, the right of self-defense returns and is the same as the right of any other person being assaulted.
http://ag.ca.gov/firearms/forms/pdf/Cfl2007.pdf
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09-09-2010, 12:41 AM #24
Re: IN a Bad SPOT
Originally Posted by UncleSurf...I call on you in the name of Liberty, of patriotism & everything dear to the American character, to come to our aid...
William Barret Travis
Letter From The Alamo Feb 24, 1836
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09-09-2010, 12:45 AM #25
UncleSurf,
For what it's worth, my Dad used to live here in Vista, CA. He was a truch driver and was sick to death of illegals. Couple that with the massive traffic and high costs of living and he needed out in a bad way. This is not a man who likes change- but he does take his chances once in a while.
He had some friends that had lived in Idaho since the 80's who were also from here. There was also another man in his circle of friends who was living in the area until recently as he also had plans to move to ID. Between these two friends, he decided it might be worth it to go to Idaho for a look-see. I went with him. We were both amazed at the value in housing ($150k will buy you a 1700 sq ft newer Craftsman or ranch style with wrap around porch, etc). We were also amazed at the natural beauty and all there was to do there. Utilities, sales tax, groceries and gas are all WAY cheaper there and the people are very nice.
By the end of our week up there, he had purchased a house. He has lived up there for about 5 years now and although the winters were hard on him (not much snow but frigid and gloomy until late April or so) neither he OR his friends that left the San Diego area have ever looked back. In fact they come down here for a visit and can hardly wait to get back home.
My dad is a Vietnam vet, purple heart recipient, and I can tell you I have seen him mellow out so much. He seems pretty stress free and happy although lonely for family and his many friends here sometimes. He says he feels like he is where he belongs. I think he is too and I tell him how much I envy him for being able to leave because it has not and will not improve here in CA unless something drastic happens. I wish I could move up there everyday. I used to feel so LUCKY and be so proud to live here in this area - now I find it embarrassing that I am a native.
To make a long story short - I don't even know you and I'm concerned about you. Life is too short to live with that sort of stress. I know thinking about a move at this stage in life must seem like a huge task, but if there is anything you can do to minimize living in this sort of stress, you really should do it. (and I aint talkin Gran Torino )
I am also thinking about your wife - if I was her, I'd be FREAKING out at what happened at your house.I guess what Im trying to say, at the risk of being too forward, is that at this stage in your life - you deserve to be as happy as you can be and try not to let stubborn pride get in the way. There is a time to stay and a time to leave. Believe me, if my Dad could do it - anyone can. Just a thought....Join our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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09-09-2010, 12:54 AM #26Originally Posted by MontereySherryJoin our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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09-09-2010, 04:56 AM #27
(Penal Code § 198.5.)
NOTE: If the presumption is rebutted by contrary evidence, the occupant may be criminally liable for an unlawful assault or homicide.
^^^^^Thats where they'll get a guy like me.
Just woke up. Don't know why. Usually sleep through the night. Something got me out of bed.
Pot of coffee and do some more emails I guess.
Hey, thanks for the replies. I'm hoping this all dies down. Tuna season is here followed by duck and deer. Can't leave with this kind of schtuff going on.
US
dogwatch
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09-09-2010, 08:50 AM #28
- Join Date
- Jan 1970
- Location
- South Bay
- Posts
- 316
Good morning Marine,i would be honored to drive over the hill and hang out with a 30 year 03,got room for another chair on your porch?
I served as a 5811,Semper Fi!
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09-09-2010, 09:28 AM #29
To quote SicNTiredInSoCal, "I don't even know you and I am concerned about you".....ditto with this poster.
It sounds like you are living in a war zone or on the surface a 3rd world country....which if this illegal movement is not stopped, we are literally going to turn into, EVERYWHERE. You plug one hole and another one opens up. The influx into Missouri, Utah, and Washington state since Arizona stood their ground is beyond belief. Washington, New Mexico and Utah still issue drivers licenses to illegals.
The other item that is troubling, and is coming to light in the northern states is that legal Hispanic Americans are aiding and abetting their illegal relatives on the run by providing food and shelter.
Both Idaho and Montana are seeing an influx in population of legal Americans moving to their states. Problem is employment, colder weather, etc. Both Idaho and Montana do have militia groups. There is also a large contingent of a group called the OATHKEEPERS, whom I know very little about.
UncleSurf, I know Marines don't run from anything, but I guess this fellow citizen would rather see you alive as a result of relocation rather than a dead statistic in your hometown neighborhood because you were the victim of a deliberate or stray bullet. If you are retired.....life is too short.
God be with you.
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09-09-2010, 10:28 AM #30
I would be taking my pictures to every commissioners meeting. And any neighbors I could muster.
It is hard to move somewhere else, because almost every corner and community has been invaded. We vacationed in the Ozarks, and did not see any illegals our entire trip, including the hotel maids and wait staff.
Once we retire, we are considering it.
You may have to rent your house for awhile because selling now is a problem.
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