Monday, December 27, 2021

Would you say that South Carolina's castle doctrine would cover bicycles under the occupied vehicle presumptions?


This seems to be the latest debate at the local gun club, several cyclists that are longtime members insist they have the absolute right to blow someone's (you know what) away and be presumed reasonable if they are being force-ably removed from their bicycles by a robber armed or unarmed. Seriously that's the exact way they put it with much more colorful language mixed in.I would say the way they made that statement, they're probably hot-heads that shouldn't be carrying firearms at all, however does the law really include bicycles under the presumptions? There seems to be a legal argument that it does fall under the law with the specific subsections linked below. It's definitely not morally right to protect mere property with deadly force, but it seems like the law may be on their side.​Section 16-11-440.    (A)    A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:(1)    against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and(2)    who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.(C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.Definitions:'Vehicle' means a conveyance of any kind, whether or not motorized, which is designed to transport people or propertyReference:https://ift.tt/3z2Q3YD via /r/CCW https://ift.tt/3ExSoMD

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