Castle Doctrine

This is a discussion on Castle Doctrine within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; Not sure if Nebraska has a castle doctrine but my state legislator quoted a few statutes that, according to him, together form a castle doctrine. ...

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Thread: Castle Doctrine

  1. #1
    Senior Member Array NECCdude's Avatar
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    Castle Doctrine

    Not sure if Nebraska has a castle doctrine but my state legislator quoted a few statutes that, according to him, together form a castle doctrine. Anyway, I wanted to share this info about the castle doctrine. As mentioned in the video, it's not a simple SD scenario when someone breaks into your home.

    https://www.usconcealedcarry.com/gua...le-easy-think/

    Hopefully, one hopes that they did the right thing and has adequate defense insurance.
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    Senior Member Array GWarden's Avatar
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    The use of deadly force is the same under most conditions. If an intruder is in my house, and I can avoid using deadly force, that would be the option I would take. Don't get me wrong, I have no problem using a firearm. However, I wouldn't make it option 1, if there is another. IMHO
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    VIP Member Array zonker1986's Avatar
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    so when does "Tactical Tim" pop out and try to sell me home defense legal insurance?

    since I live in Florida, I do my own research:


    The Florida "Castle Doctrine" law basically does three things:

    One: It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

    Two: It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others. [This is an American right repeatedly recognized in Supreme Court gun cases.]

    Three: It provides that persons using force authorized by law shall not be prosecuted for using such force.

    It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

    In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.
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    VIP Member Array oakchas's Avatar
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    He makes some valid points.
    What, pray tell, is adequate defense insurance?
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    Rats!
    It could be worse!
    I suppose

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    Everybody has a philosophy, I guess. The one espoused in the linked video is not one I share.
    "When you have to shoot, shoot, don't talk."
    Tuco

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    To add to Zonker's post, from the FL Justifiable Use of Force statute:
    "A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence."

    Force includes opening an unlocked door!
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    Quote Originally Posted by OldVet View Post
    To add to Zonker's post, from the FL Justifiable Use of Force statute:
    "A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence."

    Force includes opening an unlocked door!
    Easier to just keep the doors locked.
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    "When you have to shoot, shoot, don't talk."
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    Duh, but it doesn't have to be locked to be forcible entry.
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    Retired USAF E-8. Lighten up and enjoy life because:
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    VIP Member Array oakchas's Avatar
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    Well, we can't all live in Florida.

    In Iowa, we don't have Castle Doctrine, per se. Our code does not require you to retreat within your own home. That said, if someone enters your home, in Iowa, say, through an unlocked door, saunters over to your TV, and starts walking off with it, you cannot use deadly force against him.
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    Rats!
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    I suppose

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    Senior Member Array NECCdude's Avatar
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    Maybe in Florida it's different. But I wouldn't want to find out what would happen under NE law if I pulled the trigger. If I have no choice but to take the BG down, I would. I would try to call 911 before then - just like the video & my CHL instructor recommends. But, if I could retreat without putting myself and my family in danger then that's what I would do. I have enuff hassles in my life than to have to spend thousands of dollars to defend myself in criminal and/or civil court so I'm going to do what I can to defuse the situation. I'm sure that all CC courses teach conflict resolution and getting out of harms way.
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    Quote Originally Posted by oakchas View Post
    Well, we can't all live in Florida.

    In Iowa, we don't have Castle Doctrine, per se. Our code does not require you to retreat within your own home. That said, if someone enters your home, in Iowa, say, through an unlocked door, saunters over to your TV, and starts walking off with it, you cannot use deadly force against him.
    If he makes to the TV, you've already failed.
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    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    VIP Member Array Ghost1958's Avatar
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    Quote Originally Posted by NECCdude View Post
    Maybe in Florida it's different. But I wouldn't want to find out what would happen under NE law if I pulled the trigger. If I have no choice but to take the BG down, I would. I would try to call 911 before then - just like the video & my CHL instructor recommends. But, if I could retreat without putting myself and my family in danger then that's what I would do. I have enuff hassles in my life than to have to spend thousands of dollars to defend myself in criminal and/or civil court so I'm going to do what I can to defuse the situation. I'm sure that all CC courses teach conflict resolution and getting out of harms way.
    In bold. Mine didnt. Years later neither did my wifes. Taught what it needed to teach. What the state laws were concerning deadly force via a Ky AG's video. What the gun laws are in Ky.

    Explained Castle Doctrine and Stand you Ground of which we have both. That one cannot commit a crime by carrying past a no gun sign anyplace they could legally OC here and that is just about everywhere. Firing qualification and gun cleaning and that was that.

    Our Castle is basically the same as FL come through my door window etc uninvited or against my wishes and you legally stepped into no mans land. Try to enter my vehicle by force same exact thing.

    Be in my home and try to remove someone there that you have no legal right to do so against their will, same thing.
    Do any of the above and one will escape being shot only because I saw some reason not to shoot. And I better see that reason fast.
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    Member Array TopGun47's Avatar
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    Quote Originally Posted by Ghost1958 View Post
    In bold. Mine didnt. Years later neither did my wifes. Taught what it needed to teach. What the state laws were concerning deadly force via a Ky AG's video. What the gun laws are in Ky.

    Explained Castle Doctrine and Stand you Ground of which we have both. That one cannot commit a crime by carrying past a no gun sign anyplace they could legally OC here and that is just about everywhere. Firing qualification and gun cleaning and that was that.

    Our Castle is basically the same as FL come through my door window etc uninvited or against my wishes and you legally stepped into no mans land. Try to enter my vehicle by force same exact thing.

    Be in my home and try to remove someone there that you have no legal right to do so against their will, same thing.
    Do any of the above and one will escape being shot only because I saw some reason not to shoot. And I better see that reason fast.
    With Castle Doctrine, Stand Your Ground and Self Defense Laws, Michigan is very similar to KY Ghost, in that, just by being in my house uninvited, is cause to use deadly force legally. The intruder doesn't have to have a weapon or be aggressive for me to help him achieve room temperature. Michigan law also protects me from civil lawsuits for using deadly force as long as I'm legally allowed to be there, and I'm not in the process of committing a crime.
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    Member Array todd_g's Avatar
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    Quote Originally Posted by oakchas View Post
    Well, we can't all live in Florida.

    In Iowa, we don't have Castle Doctrine, per se. Our code does not require you to retreat within your own home. That said, if someone enters your home, in Iowa, say, through an unlocked door, saunters over to your TV, and starts walking off with it, you cannot use deadly force against him.
    I was surprised when I heard Iowa change the CCW law. Its about time to for them to add a Castle Doctrine. I grew up in Fort Dodge, joined the service got the **** out of Dodge.

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    Distinguished Member Array kelcarry's Avatar
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    My home defense is simple and avoids the footfalls that the video is trying to convey. Personally, I believe that the video is meant for the asylum states where you literally have to be having your neck sliced in two before you, g-d forbid, harm the poor soul. In SC Castle Doctrine means everything that I want Castle Doctrine to mean--"reasonable presumption of imminent danger when my home is forcibly entered"--that is clear to me and I do not know of any case that I have read about in SC that has not upheld that basic theme and right. In my home, defense means staying in my locked and secure bedroom and not going out to "do battle"--this cannot and should not be the case for families with children or other extended relatives (ie:grandparents) in other parts of the home. In my home it is my wife and I and no one else. You can take what you want before (if ever) the LEOs arrive from all the other rooms but if you so much as find a way to defeat that locked bedroom door you will learn a very sad lesson about being a felon. I have absolutely no doubt that immunity from criminal or civil prosecution is protected under the SC Castle Doctrine and I will not hesitate for a moment to think about the well being of some cretin who has entered my home. Once you enter someone's home forcibly and have introduced unbelievable terror into that owner's thought process, it is not up to the homeowner to think about "options"--the only options that should have been thought about are those that the BG has thought about before he decided to enter your home. I have already gone through my options and have already reasonably presumed imminent danger and I will defend myself immediately.

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