Does your state have Stand Your Ground or Castle Doctrine?

Check this out!!

Stand your ground: https://www.usconcealedcarry.com/resources/terminology/self-defense-terms/stand-your-ground/

Castle Doctrin: https://www.usconcealedcarry.com/resources/terminology/self-defense-terms/castle-doctrine/

I didn’t even know we had these resources online! States are listed on each page! SWEET! Yes, I get excited about these things!

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Yay Missouri! :slight_smile: we’re good on both. Plus constitutional carry. :smiley:
Loooooove where I live.

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@Dawn, in New Jersey we have the Castle Doctrine that states we don’t have to flee our house, apartment, condo etc if someone is trying to break in and I have the USCCA Law Book that states the same, however, I have a friend in Law Enforcement and he says that the he believes that the law changed and now you have to flee if you can (unfortunately in my apartment there is no where to go). Could you get your legal department to research this and see if there is a change to New Jersey’s Castle Doctrine?

Wow - NJ’s government websites are um… not incredibly helpful. I did manage to find the Statutes on the Rutgers law website:

http://njlaw.rutgers.edu/collections/njstats/showsect.php?title=2c&chapter=3&section=4&actn=getsect

"New Jersey Statutes, Title: 2C, THE NEW JERSEY CODE OF CRIMINAL JUSTICE

Chapter 3: Justification an affirmative defense; civil remedies unaffected

  Section: 2C:3-4: Use of force in self-protection."

"(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

(i) The actor is not obliged to retreat from his dwelling, unless he was the initial aggressor; and"

I’d suggest reading the whole 2C:3-4 to review the entire context.

Thanks Dawn. Yeah, to live in New Jersey and understand the laws, you have to pass the bar first. LOL. Since quitting drinking, I pass the bar often now. ROTF LMAO!!!

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While Maine is a Constitutional Carry State, we do not have either a Castle Doctrine nor Stand Your Ground law in place. With our current governor, it is unlikely that either will become a reality for Maine any time soon.

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That is a shame because the Castle Doctrine is really a no-brainer. Everyone should be entitled to defend themselves and their family while inside of your own home, using whatever weapons you have available to you.

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I know it. Unfortunately, the Democrats are solidly in control of the state after the last election, so we are just hoping to hold on to what we have at this point.

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Both! However Michigan doesn’t call it Stand Your Ground therefore the legal experts will argue with you night and day about it. It’s the same thing though really.

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A Detailed Look at South Carolina's Castle Doctrine | Deaton Law Firm I answered “Castle Doctrine” on the poll above, but the CD law actually seems to incorporate “Stand Your Ground”, too. “A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60. S.C. Code Section 16-11-440(C).”

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We covered this in my CCW class in Ottawa, Illinois. Both of our instructors are active duty policemen. I was taught that we DO have; as you say, a “castle style law,” but I cannot remember the specifics of our whole discussion we had on this. That being said, I had an altercation last September involving a man actually following me out to my truck and grabbing onto my vehicle as he hung over my driver’s side fender as I jumped in and locked the door. I had my carry pistol sitting securely inside my Alien Gear cloak dock the whole time. I did not want to use it. I was able to start my engine and pull away from the madman without resorting to the use of lethal force. When I told the officer that was taking my report that he was trying to attack me and get into my castle, the officer said that "we don not have a Castle Doctrine law in Illinois. I could have gotten into a debate with this officer, if I had written proof of the law in my hand, but alas I did not. I think some of the CCW card holders may know some of their own local CCW laws better than some of the officers do. Go Here: http://rnh-law.com/castle-doctrine-and-illinois-law/

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Welcome to the group @SaintNicholas!
I think that’s often the case… we train ourselves on the law, and keep up. Many officers haven’t retrained and dont seek out new information as the laws, and case law evolves.
Over the last few years Missouri went from a patchwork of laws to constitutional carry. My hubby was pretty active in that effort and the laws changed every year for several years. He made time to go to all the little town and county police and sheriff departments around us and took copies of the new laws before they came in force, asked questions about officer training on new laws, spoke with the supervisors. More times than not, they did not know the changes that were about to go in force. Some orgs got a lot better at keeping up though.
Doesn’t solve all problems but at least they know we’re paying attention and they need to also.

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Welcome to the community @SaintNicholas. It seems like you have a lot of information that you could share with the group. :smiley: We love information! New Jersey has the Castle Doctrine too and I am positive that many law enforcement officers don’t know about the law at all. Good thing that you are up on your laws.

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Welcome to the community fellow Illinoisan. A lot of officers are not versed in current law, and the correct application there of.

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I can’t find anything about Castle Doctrine. And I don’t thing Indiana has it.

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We have both sort of.

Castle doctrine is well established here and pretty well was even before the law defined it. In 2014-16 it was extended to specifically apply to your vehicles, RV’s, boats etc as well.

SYG? We have no duty to retreat but our statutes are not as extensive as those of Florida where you cannot lawfully be arrested if the initial investigation supports your claim of SD.

Florida as far as I’m concerned has some of the best self defense statutes in the nation as they are entirely “user friendly” and based in common sense.

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Indiana has both Castle doctrine and stand your ground, you can learn more about your state law here on the USCCA site:

https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/in-gun-laws/

It’s got links to the actual law as well so you can go read it for yourself and get a clear understanding of what your state does.

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We may have in July, but not right
know. I found it once were it said we don’t have Castle
Doctrine. And I have been reading the IN. Law a lot. You can find
it at ign.in.gov. It talks about when deadly force is justified, not just for
CCW but also for the police. I’ll try to find it, it’s not
were you think it would be. And all the code start with something like
this IC 35-41-3-2

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@dawn, @Larry4is finding different info on Indiana law than what’s on the USCCA site… you may want to have a look

That link didn’t work for me, @Larry4

The law that goes into effect on July 1, 2019, has to do with protecting you legally for physically defending a 3rd party.

The laws currently on the books in Indiana do encompass Castle Doctrine and Stand Your Ground. Here are the statutes for you:

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