CASTLE DOCTRINE

michaelap · Post by **michaelap** » March 31st, 2008, 10:56 pm

Here is a topic everyone here should at least be somewhat familiar with. Some time back, here in Ohio a state senator sponsored a bill SB308, as of now I have no more information since I was contacted to testify in my state capital(Columbus) has anyone kept up with this? Also please share your states laws pertaining to Castle. I am fully aware of the great states of Florida and Virginia, but some may not be aquainted with it.

beasleydano · Post by **beasleydano** » March 31st, 2008, 11:32 pm

Castle Doctrine has been enacted into Mississippi and Tennessee law (I live in Horn Lake, MS and work in Memphis, TN. MS Gun Permit is honored in TN).

Post by **papabear** » April 1st, 2008, 11:03 am

In Kentucky the castle doctrine has been in effect since 2006.

KRS503.080 states:
1. there is no requirement to retreat when you are threatened with deadly force or when you are defending your home from an arsonist or burglar that is attempting to commit a crime.

2. Under the castle doctrine you are permitted to use deadly force.

In my home it was enacted in 2002 when I moved back home to Kentucky from Illinois. Papabear 101: Its better to be judged by 12 than carried by 6.

papabear

manicmechanic · Post by **manicmechanic** » April 1st, 2008, 2:21 pm

Michigan got on board with our governor signing the bill on 7/20/06. Here's a link to the NRA announcing it.
http://www.nraila.org//News/Read/NewsRe ... px?ID=7916
And here's the top points to our castle doctrine laws.
SB 1046, sponsored by Sen. Alan Cropsey, outlines rebuttal presumptions for justified use of self-defense. The bill makes it clear that there is no "duty to retreat" if a person is in a place where they have a legal right to be.

SB 1185, sponsored by Sen. Ron Jelinek, allows for the award of court and attorney fees in civil cases where it was determined a person acted in accordance with the Self Defense Act and where civil immunities apply.

HB 5548, sponsored by Rep. Tim Moore, gives civil immunities to persons acting in accordance with the Self Defense Act, preventing criminals and their families from suing law-abiding citizens.

HB 5153, sponsored by Rep. Leslie Mortimer, puts the burden of proof on the prosecutor to show that a person acted unlawfully in the application of force, rather than the person using the force having to prove they acted lawfully.

HB 5142, sponsored by Rep. Tom Casperson, expands the definition of "dwelling" to include a person’s garage, barn, backyard, etc.

HB 5143, sponsored by Rep. Rick Jones, creates the Self Defense Act and specifies that it is not a crime to use force or deadly force to defend oneself if that person is not breaking any laws when defensive force was used. The person must be facing imminent threat of death or great bodily harm.

It did not go into law until October, but hey the wheels of the government take a lot of grease!!

gotmak · Post by **gotmak** » April 1st, 2008, 4:42 pm

As I understand it, you don't have to retreat in Indiana to protect yours or someone else's life or property, but depending on the judge you get, you may or may be in for a ride. ???

ozarker · Post by **ozarker** » April 1st, 2008, 8:42 pm

We got Castle Doctrine last year in Missouri. Some bills introduced this year to try and improve on working.

carguy · Post by **carguy** » April 2nd, 2008, 7:32 pm

Believe it or not...we in the great Commonwealth of Massachusetts also have the Castle Doctrine in place. The first forward thinking firearm/saftey law implemented in years!

bobtx · Post by **bobtx** » April 3rd, 2008, 8:32 am

We have it in Texas as well.

As of January 1, 2008 it is also legal to carry a handgun in your car without a carry permit.

Bob

weetabix · Post by **weetabix** » April 3rd, 2008, 10:53 am

The Missouri Castle doctrine also covers you in your car, or in a "residence or habitation." So it applies not only in your home, but in a motel room, or a tent, or an RV, or someone else's home.

I think we got a good one.

himmel · Post by **himmel** » April 3rd, 2008, 12:19 pm

To add just a bit-- Texas has long had a "castle doctrine" related to one's residence--it has now been expanded to include a "no retreat" doctrine applicable to any place where a person has a legal right to be

mikeh1 · Post by **mikeh1** » April 3rd, 2008, 12:35 pm

here in California, where Mexican citizens have more rights than we do, a Castle Doctrine law would be impossible.

michaelap · Post by **michaelap** » April 3rd, 2008, 2:27 pm

mikeh1
I feel for, now Ohio has a long way to go but can I ask Why would you choose to stay in California? I mean for many issues besides this one.

mikeh1 · Post by **mikeh1** » April 3rd, 2008, 3:59 pm

I'm not in SoCA by choice, I was in Sacramento for about 5 years until jobs started to disappear. Northern CA is light years different from down south, the Bay Area excluded of course! I would move back north in a second of there were jobs, but the jobs are all in SoCA.

donnerwetter58 · Post by **donnerwetter58** » April 3rd, 2008, 4:54 pm

mikeh1,
Do me a favor if you would before you leave So Cal.
Send me a bus load of California girls. I really miss them.
Thanks in advance.

Dave

michaelap · Post by **michaelap** » April 3rd, 2008, 6:09 pm

Well, that must be the silver lining!!

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