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+--- Thread: Puna home invasion earns 10 year sentence (/showthread.php?tid=13597)
RE: Puna home invasion earns 10 year sentence - Guest - 05-09-2014
The castle law is anytime you are in your home legally, being attacked physically OR feel you or your family is physically in danger. Armed or not.
Which leads to the point that burglary and home invasion are two much different things and should be handled accordingly. I think people are misunderstanding my intent, and assuming I am a gung ho pistol swinger, not at all the case. I don't wish sufferation on anyone. I really like DB's reference to a gun as a samurai sword, it is not there for first draw, and I hope I never have to ever use it to cause sufferation to anyone, but I believe everyone should own one, know how to use it safely, in order to protect their home and family, and if someone came in my home while I was there and put myself or my family in danger, I would not hesitate.
That is a HOME INVASION. These people were home, and attacked by the criminals.
That is much different than someone taking your ladder while your gone.
RE: Puna home invasion earns 10 year sentence - oink - 05-09-2014
@Obie
You might need to read it: http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.HTM
The following is my unprofessional layman opinion Do your own research:
Hawaii's "Castle Law" is certainly more restrictive than most states but clearly now allows more leeway in the home or workplace. No you can't shoot a fleeing burglar in the back and drag him back inside. However, I imagine it would otherwise be difficult to convict a homeowner who shot an intruder inside his house and in most circumstance he/she would have a pretty safe affirmative defense.
It annoys me that so many people get the Zimmerman case so wrong. With the same attorneys at play he may well have also been acquitted in Hawaii (assuming legal possession of the gun). Neither the Fla Castle or Stand Your Ground laws came into play and neither were used by the defense. When all of the hype and publicity are stripped away it was a simple defense (one well executed by his attorney) of self defense against deadly force by someone who happened to be legally carrying a firearm. You may not like the outcome or Zimmerman or legal concealed firearms but get it straight. Stand Your Ground and Castle were not at play!
I'm done on this thread. It's just that I find that consistent misstatement annoying.
Pua`a
S. FL
Big Islander to be.
RE: Puna home invasion earns 10 year sentence - Derrick Barnicoat - 05-09-2014
Yeah I might agree with you if Zimmerman wasn't actually a dipstick. He pulled a gun on his own wife several times. He has a history of trying to be some action hero. He has a history of pulling his gun out inappropriately as well. He has had several violent offenses since and a kid who was minding his own business is now dead. Trayvon had promise Zimmerman was a lost cause and he roams free and is still acting violent. He had no business even getting out of that car. He deserved the whopping Trayvon gave him and both would still be alive if he hadn't gotten out of that car. Zimmerman is damaged goods and needs to be in jail. Plus, since then southern racists have been killing black kids like it is open season. That was a sad day for American "justice".
Anyway, off topic, sorry.
RE: Puna home invasion earns 10 year sentence - Rob Tucker - 05-09-2014
Yep, off topic.
Assume the best and ask questions.
Punaweb moderator
RE: Puna home invasion earns 10 year sentence - Hawaii Bound - 05-09-2014
I agree that someone's life is not worth material things. HOWEVER, I am also under the opinion that if someone is in my home, uninvited, they have bad intentions and I will do everything I possibly could to protect myself and my family.
This is my home, my property. If you come inside my home I have no choice but assume you have bad intentions and you will pay the consequences.
I'm not asking what you are doing there, I am not offering you a cup of tea. I am getting you out of my home and away from my family by any means at my disposal. End of discussion. PERIOD.
RE: Puna home invasion earns 10 year sentence - bluesboy - 05-09-2014
there was a series of home invasions in east hawaii just this past year.
RE: Puna home invasion earns 10 year sentence - Derrick Barnicoat - 05-09-2014
be afraid! be very afraid!
RE: Puna home invasion earns 10 year sentence - Delta9r - 05-09-2014
Rob, how's your selective moderation given your stated reasons? (Not mentioning any names, but someone already beat me to the allegation leveled at myself...)
"Life is labor, and all that is good in life comes from that labor..."
RE: Puna home invasion earns 10 year sentence - Obie - 05-09-2014
Sorry everyone I shouldn't have mentioned Zimmerman,just trying to point out that Hawaii is very different than Florida where oneself is moving from.
Hrs 703-306 covers protection of property and you cannot shoot an unarmed person who is stealing your TV.In the case of a home invasion it would be justified but surprising a burglar it would't.You can however beat them to death with a baseball bat.
(3) The use of deadly force for the protection of property is justifiable only if:
(a) The person against whom the force is used is attempting to dispossess the actor of the actor's dwelling otherwise than under a claim of right to its possession; or
(b) The person against whom the deadly force is used is attempting to commit felonious property damage, burglary, robbery, or felonious theft and either:
(i) Has employed or threatened deadly force against or in the presence of the actor; or
(ii) The use of force other than deadly force to prevent the commission of the crime would expose the actor or another person in the actor's presence to substantial danger of serious bodily injury.
(4) The justification afforded by this section extends to the use of a device for the purpose of protecting property only if:
(a) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily injury; and
(b) The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances, as the defendant believes them to be; and
© The device is one customarily used for such a purpose or reasonable care is taken to make known to probable intruders the fact that it is used.
(5) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as the actor knows that the actor can do so with safety to the property, unless the person confined has been arrested on a charge of crime. [L 1972, c 9, pt of §1; gen ch 1993]
RE: Puna home invasion earns 10 year sentence - HereOnThePrimalEdge - 01-17-2015
The Can of Beans defense used last year by an HPP resident is catching on, at least in one school on the mainland. I think it's an excellent idea. If 20 or 30 metal cans are simultaneously tossed at an intruder, one or two should hit their mark. Then at the end of the school year if it's not used for self defense, it can be donated to a food drive. A win-win situation.
When is a can of beans more than just a can of beans?
When it’s a weapon of self-defense for students to throw at an armed intruder who has just entered their school.
It’s part of active shooter response training offered by the ALICE Training Institute, a company founded by a former police officer and former elementary school principal.
“The canned food item could stun the intruder or even knock him out until the police arrive. The canned food item will give the students a sense of empowerment to protect themselves and will make them feel secure in case an intruder enters the classroom.”
http://ktla.com/2015/01/14/alabama-students-asked-to-bring-canned-goods-to-school-to-throw-at-possible-gunmen/