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| Is a garage part of your house? http://twincitiescarry.com/forum/viewtopic.php?f=2&t=13635 |
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| Author: | legal2carry [ Mon Jul 20, 2009 9:33 am ] |
| Post subject: | Is a garage part of your house? |
I have had several questions about this lately - In Cloquet there was a recent robbery in a nice neighborhood while the family was sleeping in the house. Several people have asked if your garage counts when it comes to castle doctrine defense of dwelling rules? I told them to be very carefull with this because I didn't beleive this was settled law in Minnesota - am I right? Any thoughts regarding this would be helpful. |
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| Author: | jaysong [ Mon Jul 20, 2009 10:48 am ] |
| Post subject: | Re: Is a garage part of your house? |
IMO, one should only use deadly force to preserve life or prevent injury of yourself or another you care about. It is not safe to go hunting into the garage to protect stuff. The risk verses reward is not good. If you do have to use justified deadly force and are not charged criminally you will most likely face civil suit. Is stuff worth that? You legally do not have to be in your home to use deadly force if you reasonably in fear of great bodily harm or death. Provide that you did not start it, can not end it with a lessor force, and cannot retreat. You do not have to retreat if in your home. In my opinion if your garage is attached (same structure) to your home you would not have to retreat even if you could safely do so. It becomes more grey legally if it is a detach building IMO, but would be still legal if I am on your jury. The real question IMO is whether to use deadly force if not in fear of GBH or death. I say that it is not worth it. |
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| Author: | tman065 [ Mon Jul 20, 2009 12:25 pm ] |
| Post subject: | Re: Is a garage part of your house? |
An attached garage is considered part of your house for purposes of criminal statutes. I will look for the citation.. ----edit---- A quick search leads me to believe that it is buried somewhere in case law, not statutory definition. But, trust me ... 
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| Author: | joelr [ Mon Jul 20, 2009 1:09 pm ] |
| Post subject: | Re: Is a garage part of your house? |
tman065 wrote: An attached garage is considered part of your house for purposes of criminal statutes. I will look for the citation.. ----edit---- A quick search leads me to believe that it is buried somewhere in case law, not statutory definition. But, trust me ... What I wouldn't trust at all would be the courts deciding that, say, since a garage was definitely part of the domicile for purposes of aggravating a burglary crime, it would also be for purposes of defense of dwelling under 609.065. Doubt you'd want to count on it, either. |
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| Author: | legal2carry [ Mon Jul 20, 2009 3:25 pm ] |
| Post subject: | Re: Is a garage part of your house? |
Thank you both - I agree whole-heartedly that theft is a problem for your insurance company, not your gun. I had a student grill me about this on Saturday. What a great forum! Legal2Carry in Duluth |
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| Author: | Hunter07 [ Mon Jul 20, 2009 7:54 pm ] |
| Post subject: | Re: Is a garage part of your house? |
legal2carry wrote: Thank you both - I agree whole-heartedly that theft is a problem for your insurance company, not your gun. I feel that you're correct until the BG enters the house through an ajoining door. Then it becomes the problem of GBH or worse. |
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| Author: | gyrfalcon [ Mon Aug 10, 2009 10:44 am ] |
| Post subject: | Re: Is a garage part of your house? |
legal2carry wrote: I have had several questions about this lately - In Cloquet there was a recent robbery in a nice neighborhood while the family was sleeping in the house. Several people have asked if your garage counts when it comes to castle doctrine defense of dwelling rules? I told them to be very carefull with this because I didn't beleive this was settled law in Minnesota - am I right? Any thoughts regarding this would be helpful. In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. http://en.wikipedia.org/wiki/Castle_Doc ... _positions . |
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| Author: | princewally [ Mon Aug 10, 2009 12:41 pm ] |
| Post subject: | Re: Is a garage part of your house? |
gyrfalcon wrote: In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. http://en.wikipedia.org/wiki/Castle_Doc ... _positions I'd generally recommend using an actual source, instead of wikipedia. Quote: 609.065 JUSTIFIABLE TAKING OF LIFE. The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode. History: 1963 c 753 art 1 s 609.065; 1978 c 736 s 1; 1986 c 444 Looks an awful lot like Castle Doctrine to me. It's not "Stand your ground" and a lot of people get the two confused. |
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| Author: | Andrew Rothman [ Mon Aug 10, 2009 12:44 pm ] |
| Post subject: | Re: Is a garage part of your house? |
gyrfalcon wrote: In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. Wikipedia got it wrong. We do have strong castle doctrine in Minnesota, and the duty to retreat IS removed in the home. See Supreme Court of Minnesota v. William Glowacki C8-99-1507 (2001) Oh, and I updated the Wikipedia article. It's correct, at least for the moment. |
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| Author: | mrokern [ Mon Aug 10, 2009 12:44 pm ] |
| Post subject: | Re: Is a garage part of your house? |
gyrfalcon wrote: legal2carry wrote: I have had several questions about this lately - In Cloquet there was a recent robbery in a nice neighborhood while the family was sleeping in the house. Several people have asked if your garage counts when it comes to castle doctrine defense of dwelling rules? I told them to be very carefull with this because I didn't beleive this was settled law in Minnesota - am I right? Any thoughts regarding this would be helpful. In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. http://en.wikipedia.org/wiki/Castle_Doc ... _positions Looks like PW beat me to it. You do NOT have to retreat in your home. MN does have a solid case history related to defense of dwelling. Garage is a different matter. -Mark |
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| Author: | joelr [ Mon Aug 10, 2009 1:12 pm ] |
| Post subject: | Re: Is a garage part of your house? |
gyrfalcon wrote: legal2carry wrote: I have had several questions about this lately - In Cloquet there was a recent robbery in a nice neighborhood while the family was sleeping in the house. Several people have asked if your garage counts when it comes to castle doctrine defense of dwelling rules? I told them to be very carefull with this because I didn't beleive this was settled law in Minnesota - am I right? Any thoughts regarding this would be helpful. In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. http://en.wikipedia.org/wiki/Castle_Doc ... _positions Depend on what you mean by "Castle Doctrine." If you mean that you have no duty to retreat in your home, we do; see State. v. Glowacki, among others. |
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| Author: | gyrfalcon [ Mon Aug 10, 2009 2:43 pm ] |
| Post subject: | Re: Is a garage part of your house? |
Andrew Rothman wrote: gyrfalcon wrote: In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. Wikipedia got it wrong. We do have strong castle doctrine in Minnesota, and the duty to retreat IS removed in the home. See Supreme Court of Minnesota v. William Glowacki C8-99-1507 (2001) Oh, and I updated the Wikipedia article. It's correct, at least for the moment. Well the NRA was supporting legislation which they titled as "castle doctrine" and that failed to pass in Minnesota: http://www.nraila.org/Legislation/Read.aspx?ID=3680 I'll definitely agree that Wikipedia needs some cleanup though as other states are listed as having strong castle doctrine which actually don't. If you believe we have strong castle doctrine that's fine. I'll wait till someone shoots a robber in the back while they're carrying away jewelry perhaps. I wonder if "castle doctrine" will come up in the Michele Wilson / Carl Jackson case. |
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| Author: | mrokern [ Mon Aug 10, 2009 2:49 pm ] |
| Post subject: | Re: Is a garage part of your house? |
gyrfalcon wrote: Andrew Rothman wrote: gyrfalcon wrote: In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. Wikipedia got it wrong. We do have strong castle doctrine in Minnesota, and the duty to retreat IS removed in the home. See Supreme Court of Minnesota v. William Glowacki C8-99-1507 (2001) Oh, and I updated the Wikipedia article. It's correct, at least for the moment. Well the NRA was supporting legislation which they titled as "castle doctrine" and that failed to pass in Minnesota: http://www.nraila.org/Legislation/Read.aspx?ID=3680 I'll definitely agree that Wikipedia needs some cleanup though as other states are listed as having strong castle doctrine which actually don't. If you believe we have strong castle doctrine that's fine. I'll wait till someone shoots a robber in the back while they're carrying away jewelry perhaps. I wonder if "castle doctrine" will come up in the Michele Wilson / Carl Jackson case. Yeah, a bunch of us were there for the hearing on that bill, myself included. The NRA is wrong, and we got no support from them. Didn't see our local NRA "rep" there sticking up for us, that's for sure... There's a difference between Castle Doctrine and Stand Your Ground. Too bad the local NRA guy has his head... Stopping there. -Mark |
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| Author: | joelr [ Mon Aug 10, 2009 3:02 pm ] |
| Post subject: | Re: Is a garage part of your house? |
gyrfalcon wrote: Andrew Rothman wrote: gyrfalcon wrote: In Minnesota your garage and your house would not count when it comes to castle doctrine... That's because there is no such thing as castle doctrine in Minnesota. Wikipedia got it wrong. We do have strong castle doctrine in Minnesota, and the duty to retreat IS removed in the home. See Supreme Court of Minnesota v. William Glowacki C8-99-1507 (2001) Oh, and I updated the Wikipedia article. It's correct, at least for the moment. Well the NRA was supporting legislation which they titled as "castle doctrine" and that failed to pass in Minnesota: http://www.nraila.org/Legislation/Read.aspx?ID=3680 |
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| Author: | JimC [ Mon Aug 10, 2009 8:10 pm ] |
| Post subject: | Re: Is a garage part of your house? |
My garage is a tuck under, built into the house. With a floor above it. I sure consider it part of my home. |
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