Hey, I owe you guys an apology. I felt that I had a pretty solid understanding of our law in Oregon. I now realize and present that I was wrong. You guys led me to look again. I had carried over what I understood of general self defense into the home setting. The laws pertaining to defense of a dwelling also support what I had believed (161.225), and it wasn’t until I looked into the Limitations portion it’s explicitly stated (161.219). I am a dipshit. Thank you for giving me shit. I learned something valuable today.
161.225¹
Use of physical force in defense of premises
(1)A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
(2)A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:
(a)In defense of a person as provided in ORS
161.219 (Limitations on use of deadly physical force in defense of a person); or
(b)When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.
(3)As used in subsection (1) and subsection (2)(a) of this section, “premises” includes any building as defined in ORS
164.205 (Definitions for ORS 164.205 to 164.270)and any real property. As used in subsection (2)(b) of this section, “premises” includes any building. [1971 c.743 §25]
161.219¹
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS
161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1)Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2)Committing or attempting to commit a burglary in a dwelling; or
(3)Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]