The Castle Doctrine and Home Security
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We make every attempt to protect our homes and families from those that would take what we have worked hard for or bring harm to those we love, these attempts can be futile. Sometimes those evil doers make it past our security and we know this to be true. It may not be our home tonight or even tomorrow night, but some night it could be us dealing with them in our homes.
So what do you do when you hear the bump in the night and are sure your security has been breached? If your answer is to pull out your weapon and protect your home and family, meaning you are willing to use whatever force necessary up to and including lethal. If it comes to that, what happens next?
We may see it as self defense, but the law may not be on our side. I have heard many a home owner, prepper or not, say “I would rather be judged by 8 than carried by 6.” However, true that may be, it shouldn’t be a scenario that you take lightly or view flippantly. Those who have had to face those choices and the consequences of them, although no doubt still stand by that thought, would tell you the aftermath can be almost as destructive as the attack. Lives are destroyed, futures altered, and reputations ruined for your entire family. Home security isn’t always a defense that holds up in a court of law. This is when you need to know your rights and options under the castle doctrine.
The castle doctrine is described by Wikipedia as follows:
A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person’s abode or any legally occupied place (for example, a vehicle or home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free from legal prosecution for the consequences of the force used. The term is most commonly used in the United States, though many other countries invoke comparable principles in their laws.
You may think that if there is a collapse of society that all bets are off……..this could be a serious miscalculation as you could indeed be held liable for your actions at a later date under a new society or if the old one is re-established. You definitely will be called to answer for your actions if you find yourself defending yourself and home under today’s laws and courts.
What states currently have the castle doctrine? And just what does your state law say about your rights to defend yourself? Find that information at the featured link below from Modern Survival Blog.
Does Your State Have A Castle Doctrine?
Are the castle doctrine and the duty to retreat laws mutually exclusive? You may be surprised… see an explanation from Mark Randall, Research Fellow and Hendrik DeBoer, Research Fellow below
Castle Doctrine vs. Duty To Retreat: Understanding Self-Defense Law
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