Which States Have Castle Doctrine?

D

defjon

New member
I've been trying to find a list of which states have some good laws on the books these days.

I like castle doctrine, no duty to retreat. I also would prefer a state that passed something in response to the mayhem of Katrina, IE, making it illegal to disarm the populace in a state of emergency/martial law, etc.
 
Don't confuse castle doctrine with stand your ground doctrine. Castle doctrine infers your in your home or some such. Stand your ground is elsewhere like on the street. PA has a castle doctrine of sorts but no stand your ground as yet. nor does PA have imunity from civil suits.
 
Massachusetts has its own version of Castle Doctrine. In ones own home there is no duty to retreat, but you can only use deadly force to stop an deadly attack. Pulling out a gun on a unarmed burglar is considered excessive use of force, and could end result with the homeowner losing their LTC. There is a very fine line between legal use of force and using excessive force in this state.
 
That wikipedia list does not include Colorado has having Castle Doctrine, even though we have since the 1980's (before it became a fad in other states).

Colorado law is only when you are in your residence, but gives you the right to assume a person in your home illegally means you harm and gives you an absolute right to use lethal force. It also protects you from civil liability. It's been used many times and has stood up in court.

I'd like to see protections outside the home expanded a bit (though right now we have no duty to retreat and a general protection from lawsuits by people who are committing a crime against you) but overall we have excellent self defense laws.
 
I also would prefer a state that passed something in response to the mayhem of Katrina, IE, making it illegal to disarm the populace in a state of emergency/martial law, etc.
Click to expand...
Florida has this as part of Jeb's six pack
(3) HB-285 No Confiscation of Firearms During Emergencies

A bill to prohibit confiscation of firearms following hurricanes (such as was done in New Orleans following Hurricane Katrina). Passed the Florida Legislature 5/3/06.

HB-285 Sponsored by Representative Mitch Needelman (R-Melbourne) in the House and Senators Carey Baker (R-Eustis) and Bill Posey (R-Rockledge) in the Senate does the following:

1. Amends the Emergency Management Powers Act to prohibit the governor from ordering or authorizing the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

2. Amends the Emergency Management Powers Act to prohibit any public official from ordering or authorizing the seizure, taking, or confiscation of firearms that are lawfully possessed, unless a person is engaged in a criminal act.

The bill passed the House 116-0 and passed the Senate 40-0. Signed into law by Governor Bush on 6/7/06.
Click to expand...
 
In a recent magazine article Mas Ayoob characterised these laws as moral victories or some such, I don't have the magazine and don't want to put words in his mouth.

Essentially no state requires you to retreat unless you can do so in complete safety, and if you can retreat in complete safety why would you be using deadly force(whatever the law says) in the first place?

I think the point is that you shouldn't confuse doing what is morally and ethically right with doing what is legally justified. The letter of the law can let us do all sorts of things that might not be moral or ethical, don't forget that just because you can do it doesn't mean it is to be done(apologies to Chris Rock for stealing his line).
 
The Castle Doctrine passed this year in Missouri, so now people in big cities no longer need to go to the police station, pay a fee, and fill out forms (good for just 30 days) in order to purchase one handgun. You had to go through the whole process every time you bought another handgun. Thanks to the Castle Doctrine law, the FBI background check done in the gun shop is all you need so there's no waiting for permission to come in the mail.
 
Justme, it's the burden of proof that switches from individual to prosecutor in those States with "stand your ground" statutes IIRC.
 
There are so many loopholes in every iteration of lethal force laws! It seems to come down to how good your lawyer is.

Hopefully, it will all be simplified someday. If someone who does not belong in your house enters your house, it may be assumed that they're not there to give you candy.

I'm concerned about age specific legislations. I'm 64, and, while not a weakling, am no match for an 18-30 year old. People have been beaten and kicked to death with hands and feet. Baseball bats are often lethal and can break bones and do brain damage.

I think that, when attacked by a younger person, an aged gun owner should have all the stand-your-ground privileges.
 
You must log in or register to reply here.
Back
Top