Gun Safety
Home Disaster Plan | Wednesday, November 9th, 2011 | No Comments »Weapon Safety**
Four Basic Safety Rules
- Guns are always loaded
- Never allow muzzle to cover anything you are not willing to destroy
- Keep your finger off the trigger until ready to shoot
- Be sure of your target and background
Protection of Home**
California Penal Code 198.5PC
- Presumption of reasonable fear of imminent peril of Death or Great Bodily Injury
- Against another person not a member of the household
- Unlawfully and forcefully enters
- Reasonably believed unlawful and forceful entry occurred
Reasonable Force**
Graham v. Conner
- All determinations of unreasonable force must embody allowance for the fact that police officers often forced to make split-second judgements
- In circumstances that are tense, uncertain, and rapidly evolving
- About the amount of force that is necessary in a particular situation
Justifiable Homicide, Any Person**
California Penal Code 197PC
- When resisting any attempt to murder any person, or to commit a felony, or to do Great Bodily Injury to any person
- When committed in defense of habitation, property or person, against on who intends to enter for the purpose of offering violence to anyone therein
- When committed in defense of a person against one who is about to commit a felony or Great Bodily Injury and the person is in imminent danger
- When attempting to apprehend any person for a felony committed, suppressing a riot, or keeping the peace
Justifiable Homicide, Sufficiency of Fear**
California Penal Code 197PC
- Bare fear not sufficient to justify
- Must be sufficient to excite the fears of a reasonable person
- Party killing must have acted under the influence of such fears alone.
**All information for this article came from the Alameda County Sheriff’s Office handout
