Friday, November 3, 2017

Castle Doctrine from State to State


July 15, 2011 
 
It’s been said that a man’s home is his castle, but what rights does this afford a homeowner in defense of this castle?

The Castle Doctrine (also known as castle law or make my day law) gives citizens in their homes – and in some states – cars or workplaces the right to protect themselves, other people, and their property by force – in some instances even deadly force.

The laws differ from state to state, and what may be considered self defense in one state, might be grounds for a murder or manslaughter indictment in another.

 

Strong Castle Doctrine

Today most states have some kind of castle law. The stronger laws do not require homeowners to attempt to retreat before using force to protect their domicile, and there are a select few states that have very strong stand-your-ground laws allowing citizens to use force in their car or at work without first trying to retreat.

States like Texas allow citizens protecting their homes, car, or place of business or employment to use force – including lethal force – when an intruder has unlawfully entered or is attempting to enter using force; is attempting to remove someone from the home, car, or workplace by force; or is attempting to commit a crime such as rape, murder, or robbery. An attempt to retreat is not required before a citizen is justified in using force against the invasive party in Texas.

The state of Florida has such a strong Castle Doctrine that the dwelling being protected does not need to have a roof; can be mobile or immobile; and can be as temporary as a tent.

Other states with strong Castle Doctrine and stand-your-ground laws include: Alabama, Arizona, Georgia, Indiana, Kentucky, Louisiana, Montana, Nevada, Oklahoma, South Carolina, Tennessee, Utah, and Washington.

 

Softer Castle Laws

Not all states give citizens as much leeway in protecting their personal property. States like California allow citizens to protect their homes with deadly force if they feel that they or another person are in physical danger, but does not extend to theft, and it only protects residents in their home, and not in cars or at work.

In New York you cannot use deadly force if you know with certainty that you can avoid an intruder by retreating. You can use deadly force if you are not the initial aggressor in an altercation within your home.

Other states with limited, little, or no castle law or case law giving citizens the rights to protect their homes using force include: Idaho, Pennsylvania, South Dakota, Iowa, New Hampshire, New Mexico, Virginia, Vermont, and Washington, D.C.

 

Go Ahead, Make My Day Law

In addition to protecting citizens from criminal responsibility, many states, such as Texas, protect citizens against civil action being taken against them after they have used force to protect themselves or others in their home, automobile, or workplace.

As a homeowner and/or resident in the United States, it’s important to know the law in your state. So educate yourself.

As a criminal the only real question to ask yourself if you are a considering breaking into an unsuspecting victim’s home is, “Do I feel lucky?” Well do ya, Punk?

The information in this article is provided for general information purposes and should not be relied on as a substitute for actual legal advice. You are encouraged to consult with an attorney to obtain professional legal advice on Castle Doctrine in your state.

 https://www.southuniversity.edu/whoweare/newsroom/blog/castle-doctrine-from-state-to-state-46514

2 comments:

  1. QUESTIONS:
    ....Is this the RECENT UPDATED "LAW" / "RULES" ??
    ....Do "ALL MILITARY" KNOW THIS LAW/RULE ??
    HOW CAN "YOU" VERIFY THIS ?
    ....Since there appears to be BOTH "good" MILITARY
    for the people
    and "bad"MILITARY against the people...
    WOULD WE BE MAKING OURSELVES "A TARGET" ?
    ....Since ALL STATES are now individual "NATIONS"
    HOW do we KNOW what EACH STATE aka/ NATION requires
    for our SAFETY ??
    ....WHO HAS THIS INFO ?
    ....where can it be found ?
    ....THE FIELD MANUAL IS A "1956" VERSION...
    ....HOW DO WE FIND IT ?
    ....HOW DO WE FIND THE MOST RECENT UPDATE?
    THIS INFO IS A BIT "LATE" IN THE DAY. DON'T YOU THINK?
    HOW DO YOU INTEND TO ALERT THE ENTIRE COUNTRY ?
    HAVE YOU SENT THIS TO MAINSTREAM MEDIA?
    HAVE YOU SENT THIS TO ALL IN THE "ALTERNATIVE MEDIA"?

    ARE YOU SURE WE AREN'T BEING "SET UP" WITH THIS PLAN??

    SOMEONE WITH ANSWERS NEEDS TO RESPOND ASAP

    THANK YOU.

    BEWARE OF DISINFORMATION...
    VERIFY WHERE ALL INFO COMES FROM...
    LET'S NOT JUMP THE GUN TIL WE HAVE THE CORRECT ANSWERS.
    THANK YOU....

    ReplyDelete
    Replies
    1. Talking about jumping the gun... You didn'r read it very well! Check your local state legislation! I sure as hell ain't going to do it for you! I know about the Castle Doctrine here in Michigan. Get off your lazy butt and check your own state!

      As far as it goes for the field manual which has nothing to do with this post...

      USA Field Manual 27-10 - Army Sustainment Command
      www.aschq.army.mil/gc/files/FM27-10.pdf

      DEPARTMENT OF THE ARMY FIELD MANUAL THE LAW OF LAND WARFARE ... FM 27-10, 18 July 1956, is changed as follows: ... SECTION 1. The Secretary of ...
      FM 27-10 Table of Contents - Reliable Security Information
      www.globalsecurity.org/.../policy/army/fm/27-10

      *FM 27-10. Field Manual No. 27-10. DEPARTMENT OF THE ARMY ... CHAPTER 4 - THE WOUNDED AND SICK Section I - General provisions Section II - Wounded and sick
      Civilian Property Emblem - In the Case of Martial Law ...
      www.oom2.com/t50427-civilian-property-emblem-in-the-case...

      [ltr]Field Manual 27-10/1956 [/ltr] [ltr]Section 4, 45 and 46[/ltr] Posted by Paul Stramer at 5:43 PM Thanks to: http://www.paulstramer.net Message [Page 1 of 1]
      United States Army Field Manuals - Wikipedia
      en.wikipedia.org/wiki/United_States_Army_Field...

      United States Army Field Manuals ... Updated in December 2005 to include a 10-page classified section as a result of the Abu Ghraib torture and ... FM 27-10 (1956) ...
      Rules of Land Warfare, FM-27-10, 1 October, 1940
      www.loc.gov/rr/frd/Military_Law/pdf/rules...

      war department field manual rules of land warfare . war department field manual fm 27-10 rules of land warfare ... ----4 3. hostilities: sectioni. commenccmeut of ...
      Extracts from the CALIFORNIA CODE OF REGULATIONS TITLE 4 ...
      www.cdfa.ca.gov/dms/programs/publications/frm/...

      Section 4.45. Dry Measures . Section 4.46. Berry Baskets and Boxes . ... longer published in the Field Reference Manual. BPC Section 12211 superseded the CCR when
      Civilian Property Emblem - In the Case of Martial Law ...
      nesaranews.blogspot.com/2017/10/civilian-property-emblem...

      That was turned up with a simple yahoo search.

      Oct 05, 2017 · This is an Awareness Blog to consider the future of your world. Actions are being done now to restore our world. Watch and become AWARE! 3.5 MILLION VIEWS ...

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