Another Home Invasion in HPP

[csgray]

Thanks oink, so at that height and weight I would guess meth is part of the picture. I can't stand what tweakers do to a community.

Carol

[Bullwinkle]

demographics again - most of us avoid neighborhoods staffed with tweakers ..no future in that, there is a choice. Sadly enough just another of our distinctly american afflictions - what is it about our culture that we are so obsessed with drugs? Education? disease? what is the cause (edit to insert disease as many addictive behaviours seem to be)

[Guest]

I don't think reciting the laws is hurting you in any way. You have a "god" given right to protect your home, that is exactly what the castle law is there for.

Also, someone stumbling in drunk is not the same as what is covered under the castle law. The castle law states the person has to be committing a felon, like a home invasion.

It doesn't cover petty burglary. In the case of petty burglary, you can only really hold them until authorities arrive. You cant hoot someone just for being on your property.

[Guest]

I take that back. You can def HOOT them, just not SHOOT them. lol.

[HereOnThePrimalEdge]

quote:

---

Originally posted by Oneself

Provides that any owner of any other interest in real property shall not be liable to any perpetrator for any injury or death that occurs upon the real property during the course or after the commission of certain felony offenses.

---

So if you're a homeowner, you need to determine:
1) Whether the person breaking in is committing a felony
2) If that felony is one of "certain felony offenses" not just any felony offense.

There are a lot of details in stopping the devil.

[Bullwinkle]

go right ahead - we have shared the local sense abilities with you - its all on you from here - be safe. Meanwhile shall we shift the empathy back to the poor folks that got robbed - that was the topic - not who has the biggest gun, or who is the biggest jerk

[oink]

I've never heard of petty burglary. Any burglary that I've ever heard of is a felony.

By the way, the "someone stumbling in drunk" wasn't what I was talking about. I talking about families locked in a bedroom and calling 911 while listening to someone trying to break in through a door or window. Drunk thinks he accidentally got locked out and no one will let him in, so he's getting in, but wrong house. There wouldn't be charges in Florida (Non-lawyer opinion) if subject didn't survive the incident. I'm thinking a bit more might be required in Hawaii, like the guy with a machete inside the residence.

There is a big difference between being unlawfully on your property and unlawfully inside your residence. If the shooting is inside your residence in Florida it will be very difficult but not impossible to make a case. In Hawaii I think you better be able to show reasonable fear of (I'm not going to look it up) immediate death or great bodily harm to yourself or others. Remember these are non-lawyer, layman opinions. Consult your attorney.

Edited the fix typos

Pua`a
S. FL
Big Islander to be.

[Rob Tucker]

Who cares about Florida? Why does Florida keep coming up?

[oink]

I guess was because it appears self is from Fla and someone was contrasting the two in an attempt to convince him that he wasn't in Kansas (Florida) anymore. I also was trying to clarify that there is a difference but not as profound as some seem to think. Sorry!!!

Pua`a
S. FL
Big Islander to be.

[Guest]

.Hawaii adopted a castle law in 2010. While the law isn’t as broad as many other states’ castle laws, it removes the duty of residents to retreat when they’re confronted by a criminal inside their home or on their property. The law removes the liability of citizens who use physical or deadly force against criminals who are in the act of committing a list of felonies, including any Class A or Class B felony involving physical violence under Hawaii’s penal code, as well as any felony involving the use of a firearm, involving serious bodily injury or punishable by life in prison. The immunity does not extend to crime victims who are not on their own property.


It is written, clear as day, as of 2010 YOU DO NOT HAVE TO RETREAT AND YOU ARE ABLE TO USE PHYSICAL OR DEADLY FORCE.

Maybe if more people were aware of their laws, you wouldn't have so many break ins. Just saying.