Elk County Forum

General Category => Politics => Topic started by: Wake-up! on July 08, 2021, 07:40:20 AM

Title: Remember The Following . . . .
Post by: Wake-up! on July 08, 2021, 07:40:20 AM
Self-defense laws generally fall into the following three categories:
1) Stand Your Ground: No duty to retreat from the situation before resorting to deadly force; not limited to your home, place of work, etc.;
2) Castle Doctrine: No duty to retreat before using deadly force if you are in your home or yard (some states include a place of work and occupied vehicles); and
3) Duty to Retreat: Duty to retreat from a threatening situation if you can do so with complete safety.

Kansas is a Stand Your Ground State. Here is a statement from Kansas code; A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person's ground and use any force which such person would be justified in using under article 32 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or K.S.A. 21-5202 through 21-5208, 21-5210 through 21-5212, and 21-5220 through 21-5231, and amendments thereto.

Our private property rights are protected by State trespassing laws as abbreviated here; The state trespassing law in Kansas, Kan. Stat. Ann. ยง 21-5808, states that trespassing is "entering or remaining upon or in" public or private land that someone does not have authorization or permission to access. Signs, postings, and purple paint are all considered notices of private property in Kansas.

More on this is found at; https://www.findlaw.com/criminal/criminal-law-basics/states-that-have-stand-your-ground-laws.html


Title: Re: Remember The Following . . . .
Post by: Wake-up! on July 13, 2021, 04:36:04 PM
SCOTUS just ruled on private property rights and trespassing.

https://www.philanthropyroundtable.org/home/blog/post/roundtable/2021/07/02/the-supreme-court-rules-in-favor-of-property-rights-and-the-right-to-exclude?fbclid=IwAR1m2KNzuas0fsC-9iuV8wpd_9Q_l4JjYmps8ql_JxIvnr9hIOPzff_V9zk