not sure if its the offical name or not, but i lve in Florida. i always hear it called the "stand your ground law". basicly the samething yer talking about.
Actually the Castle Doctrine covers your property outside your home, and even your neighbors home should they ask you to keep an eye on it. YouTube search Joe Horn in Texas where he killed 2 people robbing his neighbor's home.
...(be it with a gun, knife, hockey stick, whatever).
The biggest benefit of this (in addition to more fully recognizing one's right to self-defense) is it absolves the victim of any civil liability in any pending lawsuits filed by the surviving family members of the dead goblin.
To summarize: Castle Doctrine = inside your home
"Stand Your Ground" = any public or private place in which you have to right to be (e.g. supermarket, dry cleaners parking lot, city park).
In other words, if someone breaks in, and the option is there for you to flee (surrendering your home and all your possessions therein to the scumbag who just kicked in your door), you must do so as an alternative to actually defending what is yours.
This "expansion" of the Castle Doctrine is more commonly referred to as a "Stand Your Ground" law, which means you have no obligation to retreat, and you can defend yourself with deadly force...
In general, "Castle Doctrine" refers to your right to defend yourself in your home against any intruder by any force necessary, up to, and including deadly force.
Some states without a "cast;e Doctrine" on the books have, as others have commented, a "Duty to Retreat" which say that deadly force can only be used if you have no other way to remove yourself from the situation.
Not sure how I feel about this... more proposed legislation.
How about defneding yourself when you feel threatened by the government? Like when a cop pulls you over and wants your money or a judge who tries the same thing, or registering your private auto or licensing your camera, or motorcycle or fishing or dog or public event or build a house or make an addition to your own property... damn... now I feel awful... well... what about it? Do we simply aim at the beauaucraps?
I just left mAss. I had to get an anal scrub just to buy ammo. No dice. mAss is full of wimps with big mouths and no balls. :) Not you of course. You wouldn't be one of those people who simply calls names on YT. I'm now happily living in NH and open and concealed carrying frequently, with no license. Good luck down there :)
Here in Maine, a private citizen is lawfully allowed to use deadly force when they believe it necessary to protect themself or a third party from "what the private citizen reasonably believes to be the imminent use of unlawful deadly force; or...To effect a lawful arrest or prevent the escape from such arrest of a person..." (Title17A, Part1, Chapter5, Sec.107). If there's no lethal threat then you mustn't respond with lethal force.
We've also got the Castle Doctrine (Sec.104) which speaks directly about domiciles.
This section says you've got to warn the intruder of your intent to "terminate the trespass" UNLESS you feel doing so will cause harm to come your way or the way of a third party.
Curt, I'm just sharing the Maine statutes, not so much my opinion.
In Maine, by "law", you are not allowed to point a gun in an assailant's face if he attacks you with a feather. A mugger with a knife or gun? Sure!
Maine does have a Castle Law. But that's only limited to one's home. It permits the use of lethal force in the case of a trespass. Outside of the home, it does not apply and you have to play by the rules from Section107 I referenced.
Just for the information of folks who might not know exactly what a "castle doctrine" is, I'll explain.
Some states have what is called a "duty to retreat". Massachusetts law, when I lived there, stated that if someone broke into my house I had to leave the house if that's what it took to avoid confrontation.
Usually also "reasonable force", so if they attack me with a baseball bat I may respond with no greater force than another baseball bat. Shooting someone is out, unless you're a cop.
The "castle doctrine", in contrast, means that there is no duty to retreat. If someone attacks me, I may respond without first trying to run away.
The -response- is still something you are liable for, so shooting someone who taps you on the shoulder to get directions is still wrong. (just an illustration)
The media will, of course, pretend this will cause blood to run in the streets.
All it really does is further protect someone who legitimately defends themselves.
i want to move in the granite state also,i have had it in rhode island the police state
tref101 2 years ago
not sure if its the offical name or not, but i lve in Florida. i always hear it called the "stand your ground law". basicly the samething yer talking about.
NaplesSwampRat 2 years ago
That wouldnt be a castle doctrine now would it? That would be a self defence law.
There is an important destinction; ambushing. You can 'sort of' ambush at home, but how can you justify any sort of ambush as defence outside?
Elephantintheroom01 2 years ago
Pesky Pirates!
brizzlie 3 years ago
Actually the Castle Doctrine covers your property outside your home, and even your neighbors home should they ask you to keep an eye on it. YouTube search Joe Horn in Texas where he killed 2 people robbing his neighbor's home.
Its also known as the Make my day law.
ClassicFIHD 3 years ago
Michigan did that two or three summers ago. (signed by a democratic governor) Despite all the predicted doom and gloom, nothing bad's happened yet
lengthyounarther 3 years ago 3
...(be it with a gun, knife, hockey stick, whatever).
The biggest benefit of this (in addition to more fully recognizing one's right to self-defense) is it absolves the victim of any civil liability in any pending lawsuits filed by the surviving family members of the dead goblin.
To summarize: Castle Doctrine = inside your home
"Stand Your Ground" = any public or private place in which you have to right to be (e.g. supermarket, dry cleaners parking lot, city park).
I'll try to make it Thurs.
mAssBackwards 3 years ago 2
In other words, if someone breaks in, and the option is there for you to flee (surrendering your home and all your possessions therein to the scumbag who just kicked in your door), you must do so as an alternative to actually defending what is yours.
This "expansion" of the Castle Doctrine is more commonly referred to as a "Stand Your Ground" law, which means you have no obligation to retreat, and you can defend yourself with deadly force...
(to be continued)
mAssBackwards 3 years ago
To clarify:
In general, "Castle Doctrine" refers to your right to defend yourself in your home against any intruder by any force necessary, up to, and including deadly force.
Some states without a "cast;e Doctrine" on the books have, as others have commented, a "Duty to Retreat" which say that deadly force can only be used if you have no other way to remove yourself from the situation.
(to be continued)
mAssBackwards 3 years ago
Not sure how I feel about this... more proposed legislation.
How about defneding yourself when you feel threatened by the government? Like when a cop pulls you over and wants your money or a judge who tries the same thing, or registering your private auto or licensing your camera, or motorcycle or fishing or dog or public event or build a house or make an addition to your own property... damn... now I feel awful... well... what about it? Do we simply aim at the beauaucraps?
LumpyRevolution 3 years ago
I just left mAss. I had to get an anal scrub just to buy ammo. No dice. mAss is full of wimps with big mouths and no balls. :) Not you of course. You wouldn't be one of those people who simply calls names on YT. I'm now happily living in NH and open and concealed carrying frequently, with no license. Good luck down there :)
LumpyRevolution 3 years ago
You'll have to forgive me for not having come to your gun shop (where ever it is) and instead listening to what the cops and lawyers were saying.
They were very specific about the duty to retreat, and proportional force. Very specific.
If, however, things have changed for the better in 20 years, great!
CurtHowland 3 years ago
thanks for your work
thinkrevolution 3 years ago
Here in Maine, a private citizen is lawfully allowed to use deadly force when they believe it necessary to protect themself or a third party from "what the private citizen reasonably believes to be the imminent use of unlawful deadly force; or...To effect a lawful arrest or prevent the escape from such arrest of a person..." (Title17A, Part1, Chapter5, Sec.107). If there's no lethal threat then you mustn't respond with lethal force.
ssstealth 3 years ago
We've also got the Castle Doctrine (Sec.104) which speaks directly about domiciles.
This section says you've got to warn the intruder of your intent to "terminate the trespass" UNLESS you feel doing so will cause harm to come your way or the way of a third party.
SHOOT THE BASTARD!
ssstealth 3 years ago
"If there's no lethal threat then you mustn't respond with lethal force."
20/20 hindsight in a calm courtroom long after the event. Ugh.
By braking into a house, I think the burgler has already demonstrated their nefarious intent. How can I know that they are/aren't violent as well?
I think the legal presumption that the defender is innocent first is a GoodThing(tm, reg us pat off)
CurtHowland 3 years ago
Curt, I'm just sharing the Maine statutes, not so much my opinion.
In Maine, by "law", you are not allowed to point a gun in an assailant's face if he attacks you with a feather. A mugger with a knife or gun? Sure!
Maine does have a Castle Law. But that's only limited to one's home. It permits the use of lethal force in the case of a trespass. Outside of the home, it does not apply and you have to play by the rules from Section107 I referenced.
ssstealth 3 years ago
in Ma you must be licensed to own a firearm in your home?
wait887 3 years ago
you can always shoot someone. . .but the s-heads in MA will put you in jail for it anyways.
TEBON 3 years ago 3
Just for the information of folks who might not know exactly what a "castle doctrine" is, I'll explain.
Some states have what is called a "duty to retreat". Massachusetts law, when I lived there, stated that if someone broke into my house I had to leave the house if that's what it took to avoid confrontation.
Usually also "reasonable force", so if they attack me with a baseball bat I may respond with no greater force than another baseball bat. Shooting someone is out, unless you're a cop.
CurtHowland 3 years ago
The "castle doctrine", in contrast, means that there is no duty to retreat. If someone attacks me, I may respond without first trying to run away.
The -response- is still something you are liable for, so shooting someone who taps you on the shoulder to get directions is still wrong. (just an illustration)
The media will, of course, pretend this will cause blood to run in the streets.
All it really does is further protect someone who legitimately defends themselves.
CurtHowland 3 years ago
I'll be looking forward to your report on the result of this Dave. Hopefully, the bill will pass.
P3rf3ctStorm 3 years ago 7