[personal profile] coercedbynutmeg
[Poll #1624494]

Man, if people were worried about deer and rabbits getting into their garden, just imagine what will happen when people start growing things others would actually want to steal! Even indoor operations won't be safe. It's not like people in this area haven't been robbed/killed for their marijuana plants before.

Date: 2010-09-27 05:43 pm (UTC)
From: [identity profile] pacalissanctum.livejournal.com
Uh, what do you mean people can't have guns there?


Date: 2010-09-27 05:48 pm (UTC)
From: [identity profile] coercedbynutmeg.livejournal.com
Well generally not. Certainly not concealed weapons. And it's not like you're allowed to shoot an intruder unless he represents an imminent threat to your or your family's life. Stealing your pot totally does NOT qualify as a justified use of a gun here and even brandishing a weapon is enough to get you sued. We don't have any sort of Castle Doctrine in this state. So unless you have a dog that will tear the guy apart, if he wants your pot, you probably don't have much recourse.

Date: 2010-09-27 06:08 pm (UTC)
From: [identity profile] pacalissanctum.livejournal.com
That is ridiculous on so many levels. I'm not advocating having an arsenal but people should be allowed to have home defense weapons if they feel the need. Bah.

Private property is just that, damn it. Of course, I might be biased because I view most Homeowners' Associations (HOA) with suspicion and disdain.

Date: 2010-09-28 08:29 am (UTC)
From: [identity profile] missbabyblue.livejournal.com
CA actually does have Castle Doctrine. Wiki says,


# California (California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197 [3]. CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating." However, it also states that "[People v. Ceballos] specifically held that burglaries which 'do not reasonably create a fear of great bodily harm' are not sufficient 'cause for exaction of human life.'” The court held that because a "trap-gun" was used, the doctrine did not apply. [4]


So, if someone broke into your house to steal your pot, I believe it WOULD be a justified use of deadly force since the breaking and entering creates an automatic presumption of threat to life and limb.

Pot in the yard, though, you're probably hosed.

Date: 2010-09-28 04:42 pm (UTC)
From: [identity profile] coercedbynutmeg.livejournal.com
I imagine where exactly you live when something like this happens matters greatly as well. I think in the Central Valley you could probably get away (maybe even without charges) but in some of the more Commie areas, you'd be done.



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