Castle Law = A Right to Self Defense?

As you watch the evening news, you begin to realize that we live in a world of danger that seems to be getting more perilous each and every day. We see car jackings occurring where mothers are either shot or thrown to the ground while their assailant drives away with the children in the back sometimes never to be seen again. In other cases, we hear where an entire family is killed by a burglar whose mother later states that her child was always a “good” boy. The question that comes to mind is why does this happen and better yet what can be done to stop it from happening to me and my own?

One of the first things to learn is if your state is one of those that have a fully implemented “Castle Law” doctrine. I know, what is “Castle Law” you ask? Simple said, “Castle Law” is a law that allows one to protect not only himself, but also his family and property from the predations of the criminal element in our society. Simply said, if you or the people around you are in danger, then you may use deadly force. In some states the “Castle Law” is even stronger than that and allows for you to protect your property with deadly force. In addition, those states that allow for a well-rounded “Castle Law” will also protect you from any and all civil suits as long as the local District Attorney completes a determination that you acted within the constraints of the law. That is you had a reasonable fear for you life, the life of those around you or were protecting your property from a possible felony being committed by the aggressor, (read criminal).

Now there are a few things you cannot do under this doctrine. First, you cannot shoot the milkman just because he is trespassing. I know it’s a bad analogy, but it cuts to the quick about the concern many have about “Castle Law”. This law is designed to codify what we generally believe as “justifiable homicide”. So the kids from down the street that like to run their bikes across you lawn, the teenager with the loud radio, or even the ex-wife griping at you do not fall into the category of being applicable under the law. You must be in a situation where a possible felony is in progress against you, your own or your property. So the burglar climbing into your daughter’s bedroom window would qualify under most states “Castle Law”.

The next thing to study is does your state have a “duty to retreat” clause in their law. Yep, some states such as New York, Idaho, and the District of Columbia have either a weak law or under the law may require you to retreat and issue a warning before the use of deadly force. Sounds crazy doesn’t it. Here you are sleeping in your home, a burglar breaks into your daughter’s bedroom and before you can protect your daughter, you must first try and leave the room, house, or area and issue a warning before you can use deadly force. As a matter of opinion, how little does a state think of its citizens if it allows a criminal the first shot in a gunfight. Or worse, you successfully defend you daughter with deadly force and you are then sued by the family of that very “good” boy for all that you have. Knowing that your state would be willing to have you stripped of all that you had worked for by the family of the man that tried to rape and kill you really makes you think. Apparently in that state’s opinion the only value you have to society is that of a milking cow where they come to you for the day’s milk, (read taxes). Are you sure you want to live there?

Lastly, there is more to this, so you need to study your state’s law on the matter. Also, it is important to note if you live in one of those states such as California where you are required to lock up your gun. Needless to say, if you need that gun, taking it out of a secure safe is going to take a bit of time and I really doubt that a criminal intent on doing harm is going to wait for you to take your gun out of the safe, remove the trigger lock, and load it just so you can shoot him. Then again some of today’s criminals really aren’t too bright so you never know. Either way, learn the law, learn to defend yourself and be a better person for it.

Enjoy!