Does your state have Stand Your Ground or Castle Doctrine?

#1

Knowing your states laws is very important. Do you know if your state has stand your ground and/or castle doctrine?

My state has:

  • Stand Your Ground
  • Castle Doctrine
  • Both
  • Neither
  • I don’t know

0 voters

#2

I knew Tennessee had Stand Your Ground but had to google Castle Doctrine. I seems we have both :slight_smile:

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#3

Yes we do. Now if we could just get rid of the stupid signage laws… :hot_face:

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#4

Illinois has a Castle Doctrine style law. One good thing, in Illinois, is that if you are found justified in using lethal force to defend your home, the perpetrator cannot file a civil case against you. Every now and then Illinois gets one right.

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#5

Isn’t it weird that a criminal is allowed to sue someone who defended themselves in some states, @45IPAC - it’s just asinine to me.

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#6

And they even win in court. It boggles the mind.

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#7

Castle doctrine laws also vary from state to state. Massachusetts’ are considered more restrictive. The premise is the same for most use of force situations, you have to have a legitimate fear of severe bodily harm or death, but it only covers the inside of your home. No duty to retreat if you’re inside, and it’s worded that the person has to be “unlawfully” inside.

Someone outside on the porch or at a window who obviously has pretty bad intentions could be an up in the air case, and if you are outside and are able, you do have a duty to retreat. With that in mind, a judge actually found a man not guilty here last year after he shot through a glass door and killed a teenager who he thought was trying to break into his house during the afternoon.

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#8

Kansas has stand your ground but also incorporates common castle doctrine. Fortunately, if you are justified in using force, the perpetrator and their family cannot file a lawsuit against you.

#9

Minnesota tried getting stand your ground passed but it failed, we have to flee and only can use deadly force if we have no where to run and are at the brink of being killed

#10

Pretty sure AL has both.

1 Like
#11

CA recognizes the Castle Doctrine under CA Penal Code 198.5, but only in your home, place of business or their real property.

I fell under this protection when I had to assist at my son’s home and had to provide some proper motivation and “guide some unwelcomed” visitors for his home in an expeditious manner last year before the Sheriffs could arrive.

I’d like to add, it’s important to keep up with the ever changing laws.

When traveling find out what’s a go and what’s not.

Always seek the advise of an attorney,

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#12

I love living in Florida, like MilVet mentioned, a lawsuit will not happen if you’re justified utilizing self defense.

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#13

The way I understand it is Michigan has both but the stand your ground applies to both in and out of the home you can use deadly force if needed so it takes care of the castle doctrine.

#14

It’s awesome that the attacker cannot sue you in a case of self defense, what about someone who may have been hurt or had property damaged by your self defense? Can the sue?

#15

Boy oh boy @Dawn you brought up a point here! I searched and searched Michigan laws and can’t even come close to finding a awnser for this!! If anyone knows I would love to know the awnser

#16

I know we have Castle Doctrine in NC, and we don’t have a Duty To Retreat…I’m not sure if that’s the same as stand your ground.

#17

From what I have been able to find and read from other case laws the sort answer is no.

#18

I think the important factor to remember in either of these is that you still have to have justifiable cause to use what would be considered deadly force in either.

#19

It is on our handy-dandy reciprocity map, @Dave1 :

“Michigan is a Castle Doctrine state. Any person who uses a gun in self-defense has immunity from criminal and civil law. There is no duty to retreat and the law applies at a person’s residence, vehicle or business.”

1 Like
#20

Very true, @Kerryman71!

Lethal force is only permissible for self-defense when there is imminent, unavoidable danger of death or grave bodily harm.