must read kentucky castle law woo hoo!

must read kentucky castle law woo hoo!

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Since: Aug 09

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#1 Nov 20, 2009
In Kentucky the castle doctrine says that

there is no requirement to retreat when you are threatened with deadly force or when you are defending your home from an arsonist or burglar that is attempting to commit a crime.
Under the castle doctrine you are permitted to use deadly force.
However, just because the law permits you to use deadly force to protect yourself does not mean that you wont be prosecuted or sued anyway. Essentially here is the Castle Doctrine Statute. A short paper on the Castle Doctrine is here however this is a draft and it is not yet complete.

KRS 503.080 Protection of Property (Castle Doctrine)

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:

(a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force,...

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is:

(b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or

(c) Committing or attempting to commit arson of a dwelling or other building in his possession.

(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Effective: July 12 2006
http://www.lrc.ky.gov/krs/503-00/080.pdf


Louisville Criminal Louisville DUI Criminal

Louisville Lawyers Attorneys

Castle Doctrine use of Deadly Force KRS 503.080

I knew I loved KY for some reason!

Since: Aug 09

Location hidden

#2 Nov 20, 2009
this is so worth keeping in the top ten for all home owners. If you go to the KRS website, it is more in-depth.
rukidding

Flatwoods, KY

#4 Nov 21, 2009
that is crazy but figures, i guess my safe of smith and wesson's is useless lol
rukidding

Flatwoods, KY

#5 Nov 21, 2009
make sure they're dead and not leaving lol i live in a big house on a hill so....therefore the law is if they burn my barn i can go to their house and retaliate in ky! lol jk dont want to kill anyone but i hope my cameras do me justis
Old Granny

Port Deposit, MD

#6 Nov 21, 2009
cunexttime wrote:
this is so worth keeping in the top ten for all home owners. If you go to the KRS website, it is more in-depth.
Looks Like you are Trying to find a law that will let you Kill someone..One of the first Laws ever written is one of the 10 commandents YOU SHALL NOT KILL...I think that one over rules any Law written By Man..You Can find It in THE HOLY BIBLE

Since: Aug 09

Location hidden

#7 Nov 21, 2009
Old Granny wrote:
<quoted text>Looks Like you are Trying to find a law that will let you Kill someone..One of the first Laws ever written is one of the 10 commandents YOU SHALL NOT KILL...I think that one over rules any Law written By Man..You Can find It in THE HOLY BIBLE
oh shit, are you going to preach again, if so let's not forget AN EYE FOR AN EYE, SHALL WE DANCE? I COULD PLAY THIS GAME ALL DAY, AS THAT WAS ALSO ONE OF THE FIRST LAWS EVER WRITTEN, would i kill someone for prowling HELL NO, after all billy rucker is still alive and so is Miranda, and we caught them, SO, would I kill someone for breaking into my house with my children home, you bet your ass, AND TWICE ON SUNDAY. I LOVE THE NEW LAW THOUGH! MORE RIGHTS FOR CITIZENS AND LESS FOR CRIMINALS.
borderman

Sharpsburg, KY

#8 Nov 21, 2009
i hate a thief as much as the next guy but i don't think i want blood on my hands

talking to a state trooper the other day and he told me in this state (ky) no one has the right to kill someone over property and he went on to say if you feel your life is being threaten you had better have proof when and if you cause harm or death to the perpetrator

if some one is trying to enter your home you had better make sure he is inside the home with a weapon when the cops arive...killing someone outside trying to get in wont holdup either

Since: Aug 09

Location hidden

#9 Nov 21, 2009
borderman wrote:
i hate a thief as much as the next guy but i don't think i want blood on my hands
talking to a state trooper the other day and he told me in this state (ky) no one has the right to kill someone over property and he went on to say if you feel your life is being threaten you had better have proof when and if you cause harm or death to the perpetrator
if some one is trying to enter your home you had better make sure he is inside the home with a weapon when the cops arive...killing someone outside trying to get in wont holdup either
that is funny because the troopers that I have been in contact with OVER THE YEARS all say the same thing, WE DO HAVE THE RIGHT TO PROTECT OURSELVES FIRST AND FOREMOST. this law first came into effect in 2006, THIS PAST YEAR it was changed and WE CAN NOW PROTECT OURSELVES TO A GREATER DEGREE THAN IN THE PAST, read the updated 2009 KRS. I'll put it this way, they rattle the door, too dang bad for them, i'd rather be tried by 12 as carried by 6. thanks to the new ammendments KY IS RIGHT ON TRACK AND IT'S ABOUT TIME!

Since: Aug 09

Location hidden

#10 Nov 21, 2009
YOU CAN ALSO RESEARCH THIS ON ATTORNEYS WEBSITES IN KENTUCKY! IT IS A TRUE AND VALID LAW! OH, BY THE WAY, A KY STATE TROOPER IS THE ONE WHO POINTED ME TO LAW, OR ELSE I WOULD NOT HAVE KNOWN. GO KSP!
Gypsy

Ashland, KY

#11 Nov 21, 2009
Cunexttime-Would it be possible to talk with u in private?

Since: Aug 09

Location hidden

#12 Nov 21, 2009
Gypsy wrote:
Cunexttime-Would it be possible to talk with u in private?


why sure, how would you like to go about that?

Since: Aug 09

Location hidden

#13 Nov 21, 2009
rukidding wrote:
make sure they're dead and not leaving lol i live in a big house on a hill so....therefore the law is if they burn my barn i can go to their house and retaliate in ky! lol jk dont want to kill anyone but i hope my cameras do me justis
ru? if they are dead they aren't leaving? Did you mean living? PS. I like my neighbors, most of them up there are fine upstanding people, hard working. What are you trying to say? If you are trying to say what I think you are, you might get the surprise of a lifetime......is it live? or is it memorex?
Gypsy

Ashland, KY

#14 Nov 21, 2009
cunexttime wrote:
<quoted text>
why sure, how would you like to go about that?
I am not sure how to do that without someone getting my email address, etc. Do u know the best way?

Since: Aug 09

Location hidden

#15 Nov 21, 2009
State law does allow use of physical force
By Tonia Rose, staff writer

FROM THE GRAYSON JOURNAL

Nov. 4, 2009 — When it comes to protecting one’s property or a neighbor’s property, one Kentucky law does allow citizens the right to use physical force.

When Larry Vaughn Gilliam caught Adam Lawson allegedly in the home of Neil and Debbie Salyers, Gilliam did what he had the rights to do.

Lawson is accused of entering the Globe residence Sept. 27 through a back door window. But, the burglary was cut short when a bullet from Gilliam’s gun ricocheted and hit Lawson in the leg.

Gilliam was arrested and charged with first-degree assault.

But during an arraignment hearing Oct. 2 in Carter District Court, Judge Rupert Wilhoit dropped the charges against Gilliam.

Lawson, 28, of Rattlesnake Ridge, was arrested Oct. 1 and charged with second-degree burglary and remains in the Carter County Detention Center on a $20,000 full-cash bond.

According to KRS 503.080 – Protection of Property, the use of physical force by defendant (Gilliam) is justifiable when the defendant believes that such force is immediately necessary to prevent “The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person (Neil and Debbie Salyers) for whose protection he acts.

KRS 503.055 – Presumptions justifying use of deadly force, states “The person against whom the defensive force was used (Lawson) was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle, and the person who uses defensive force (Gilliam) knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.”

Meanwhile, some people may ask is deadly force is permitted by law? When it comes to KRS 527.020 – Concealed Carry in Kentucky and Justifiable Homicide, there is no requirement for a person to retreat when he or she is threatened with deadly force or when he or she is defending their home from an arsonist or burglar that is attempting to commit a crime. Under the Castle Doctrine a person is given the presumption that he or she is in fear of serious injury or death when they are defending his or her family in their home or auto.

However, just because Kentucky law grants a person the rights to justifiable homicide, it does not mean he or she will not be prosecuted or sued. It is a person’s burden of proof if he or she carries concealed weapon outside their home or auto and he or she must know the law if they are licenses for concealed carry in Kentucky.

Since: Aug 09

Location hidden

#16 Nov 21, 2009
Gypsy wrote:
<quoted text>
I am not sure how to do that without someone getting my email address, etc. Do u know the best way?
CAN YOU TEXT FOR FREE?

Since: Aug 09

Location hidden

#17 Nov 21, 2009
Gypsy wrote:
<quoted text>
I am not sure how to do that without someone getting my email address, etc. Do u know the best way?
i have email and text, the email is [email protected] or you can use [email protected] for text
Concerned Citizen

United States

#18 Nov 22, 2009
cunexttime wrote:
During an arraignment hearing Oct. 2 in Carter District Court, Judge Rupert Wilhoit dropped the charges against Gilliam.
Lawson, 28, of Rattlesnake Ridge, was arrested Oct. 1 and charged with second-degree burglary and remains in the Carter County Detention Center on a $20,000 full-cash bond.
Hurray for Judge Rupert Wilhoit. I don’t know much about him but based on this decision I like him.

Since: Aug 09

Location hidden

#19 Nov 22, 2009
Concerned Citizen wrote:
<quoted text>
Hurray for Judge Rupert Wilhoit. I don’t know much about him but based on this decision I like him.
watch greenup county be the ONLY county in kentucky to throw it the other way, LOL! FROM READING OTHER POSTS, GREENUP IS TRYING TO PRETEND THIS DOCTRINE DOES NOT EXIST, CAN'T WAIT UNTIL MORE CITIZENS AROUND HERE ENFORCE IT, WE AREN'T OBVIOUSLY PROTECTED, UNLESS WE DO IT OURSELVES, HELLS FIRE, THEY ARE LETTING ALL OF THE DRUGGIES AND THIEVES OUT OF JAIL, IN LESS THAN 30 DAYS, SO THE COUNTY DOESN'T HAVE MUCH OF A PRAYER. THE REST OF THEM AREN'T EVEN IN JAIL, PERSONALLY I THINK ALL OF GREENUP COUNTY SHOULD GO LOBBY IN FRANKFORT AND DEMAND SOMETHING BE DONE. YOU CAN BET IF IT KEEPS ON LIKE THIS, I MAY JUST GO TO FRANKFORT MYSELF WITH A PETITION SIGNED BY THOUSANDS, BECAUSE PEOPLE ARE SICK OF THIS SHIT. IT MAY TAKE MONTHS, AND HOURS OF WORK, BUT THE END RESULT IS THAT IT WOULD BE WORTH IT.

Since: Aug 09

Location hidden

#20 Nov 22, 2009
ABSOLUTE POWER, CORRUPTS ABSOLUTELY.
Concerned Citizen

United States

#21 Nov 23, 2009
I am very glad for Mr. Gilliam and how this situation turned out. I am sure his neighbors are glad he is around.

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