What to know: Experts tackle gun laws in Kentucky
After Lexington Police say a man was shot by a homeowner during an overnight home invasion
LEXINGTON, Ky. (WTVQ) — After Lexington Police say a man was shot by a homeowner during an overnight home invasion there are questions lingering about what you can, and cannot do when it comes to protecting yourself.
“In Kentucky we have the castle doctrine, which essentially says if you’re in your home and someone is trying to come in you, they are presumed to have an intent to harm you and you are presumed to feel as though you are in fear for serious bodily injury or death, which means you’re allowed to use force to protect yourself,” says criminal defense attorney, Rachel Yavelak, with Baldani Law Group.
“In Kentucky, in our statutes we have one in particular. It’s KRS 503.055, and this statute talks about the use of defensive force up to and including deadly force regarding a person’s dwelling, residence, residents or occupied vehicle,” added Dan Carman, a criminal defense attorney at Dan Carman Attorney at Law LLC.
Kentucky adopted the Castle Doctrine in 2006 and experts add there are exceptions on the use of force.
“So if the police are trying to enter a residence, for example in the performance of their official duties and they announce themselves, or whether the person living in the residence knows there’s a reason to know police are there, then that’s another exception. And then the person living in the residence isn’t just allowed to shoot, to shoot or otherwise use deadly force against the police when they’re performing their official duty,” added Carman.
Carman also spoke about how the Castle Doctrine and the Stand your Ground law differentiate.
“Stand your ground that as it’s called, that portion of the statute, has to do with whether a person has a duty to retreat when under certain circumstances say when they’re not necessarily inside of a dwelling or residence or an occupied vehicle. So in other words, being inside and acting otherwise lawfully while you’re inside one of those things, whether it be an RV or your home or even your vehicle that entitles one to a little bit more justification to use defensive force if they know or they have reason to know that somebody’s breaking in,” he says.
Both attorneys stress that anyone in possession of a firearm should know the laws and know how to properly use it.
Carman also says its important to remember when it comes to the use of defensive force and the use of deadly force, property does not enjoy the protection that people do.
