That’s a given,” the Morrison County Sheriff told the Minneapolis Star Tribune. “This isn’t a case about whether you have the right to protect yourself in your home. It does not, however, protect people who execute burglars in their basement, which is unjustified. In the case of Byron David Smith, the Castle Doctrine protects homeowners forced to fire a weapon in self-defense. While most experts, and the general public, would agree that forced-entry intruders presents an imminent threat, there are limits to how much force is considered reasonable to apply when defending your property. In other words, we can defend ourselves with force – and use deadly force, when necessary. The Castle Doctrine tells us that, when at home, we have no obligation to retreat if and when faced with the threat of imminent death or bodily harm. Outraged gun-rights advocates felt the prosecution violated the Castle Doctrine, and the rights of concealed carry permit holders to defend their homes. The decision to arrest Smith garnered national attention. As more evidence came to light, a grand jury pushed for first-degree murder. The Morrison County Sheriff’s Department investigated the shooting incident and arrested Smith for second-degree murder. When Brady busted in and descended the steps to the basement, Smith shot and killed him. Smith saw two teens, Nick Brady and Haile Kifer, casing his property and peeking into windows. That moment arrived in 2012, on Thanksgiving Day. He was preparing for the day when he would have to defend his life and his own home. He began carrying a holstered pistol with him – even when simply doing household chores. These break-ins made him feel extremely anxious. Smith also claimed several other break-ins the year before. He claimed burglars had fled with thousands of dollars’ worth of gold coins and sentimental items, including medals he’d earned as an airman in Vietnam. Smith reported a break-in less than a month before. This act – for a conceal carry permit holder – goes way beyond the scope of the Castle Doctrine. The day after Smith shot and killed two teenagers who broke into his Little Falls, Minnesota home, he admitted to police that he shot the intruders more times than was required to save his life. Now we’ll examine how location factored into Smith’s legal defense. In our last installment, we reviewed the central facts of the Byron David Smith case. In our series The Four Elements of Self-Defense, we’re exploring how location, escalation, reasonable fear and post-incident accidents affect legal defenses in the wake of a self-defense shooting. Knowledge, delivered.Part 2: How Location Factored into the Defense of David Byron Smith Lessons on Justified Self-Defense from the Byron David Smith Case Minnesota Magazine Capacity Restrictionīuilt by Marathon Studios, Inc.Minnesota State Preemption of Local Restrictions. Castle Laws generally include: the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount of force that maybe used in defending one's self or others. Some states expand this to vehicles, and the person's place of work. Castle Laws are laws that address the use of force when defending one's self inside their home, or on their property.
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