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Indiana Stand Your Ground – Castle Doctrine Laws

Indiana Stand Your Ground – Castle Doctrine Laws

 

Indiana Code IC 35-41-3-2 & IC 35-41-3-3

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person’s unlawful entry of or attack on the person’s dwelling, curtilage, or occupied motor vehicle.
(c) With respect to property other than a dwelling, curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
(1) is justified in using deadly force; and
(2) does not have a duty to retreat;
only if that force is justified under subsection (a).
(d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
(1) on the ground in Indiana:
(A) after the doors of the aircraft are closed for takeoff; and 

(B) until the aircraft takes off;
(2) in the airspace above Indiana; or
(3) on the ground in Indiana:
(A) after the aircraft lands; and
(B) before the doors of the aircraft are opened after landing.
(e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
(1) the person is committing or is escaping after the commission of a crime;
(2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
(3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
(f) Notwithstanding subsection (d), a person is not justified in using force if the person:
(1) is committing, or is escaping after the commission of, a crime;
(2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
(3) continues to combat another person after the other person withdraws from the encounter and communicates the other person’s intent to stop hijacking,
attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.8; Acts 1979, P.L.297, SEC.1; P.L.59-2002, SEC.1; P.L.189-2006, SEC.1.

IC 35-41-3-3

Use of force relating to arrest or escape
Sec. 3. (a) A person other than a law enforcement officer is justified in using reasonable force against another person to effect an arrest or prevent the other person’s escape if:
(1) a felony has been committed; and
(2) there is probable cause to believe the other person committed that felony.
However, such a person is not justified in using deadly force unless that force is justified under section 2 of this chapter.
(b) A law enforcement officer is justified in using reasonable force if the officer reasonably believes that the force is necessary to effect a lawful arrest. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that that deadly force is necessary:
(A) to prevent the commission of a forcible felony; or
(B) to effect an arrest of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(c) A law enforcement officer making an arrest under an invalid warrant is justified in using force as if the warrant was valid, unless the officer knows that the warrant is invalid.
(d) A law enforcement officer who has an arrested person in custody is justified in using the same force to prevent the escape of the arrested person from custody that the officer would be justified in using if the officer was arresting that person. However, an officer is justified in using deadly force only if the officer:
(1) has probable cause to believe that deadly force is necessary to prevent the escape from custody of a person who the officer has probable cause to believe poses a threat of serious bodily injury to the officer or a third person; and
(2) has given a warning, if feasible, to the person against whom the deadly force is to be used.
(e) A guard or other official in a penal facility or a law enforcement officer is justified in using reasonable force, including deadly force, if the officer has probable cause to believe that the force is necessary to prevent the escape of a person who is detained in the penal facility.
(f) Notwithstanding subsection (b), (d), or (e), a law enforcement officer who is a defendant in a criminal prosecution has the same right as a person who is not a law enforcement officer to assert self-defense under IC 35-41-3-2.
As added by Acts 1976, P.L.148, SEC.1. Amended by Acts 1977, P.L.340, SEC.9; Acts 1979, P.L.297, SEC.2; P.L.245-1993, SEC.1.




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  • Dariussane

    if i have a valid carry license and i end up shooting someone with reasonable cause, willl i be arested right away.

    • Rusty Shakelford.

      Read the castle doctrine law.  Its right above you.

      • http://www.facebook.com/people/Mump-Off/1041533213 Mump Off

        You will most likely be cuffed regardless in the process of working the crime scene; you may be arrested on the spot and released later.

        A crime of violence just happened, your least concern is sitting in a police station for a few hours, I think.

        • Joe

            I sat for 5 days when I shot a man in self defense,  I was never charged and released.

          • CJ Minor

            If you aren’t charged with a crime you have the ability to leave. Unless you are under arrest, the police cannot detain you against your will.

          • DAM

            Wouldn’t the patriot act give the police the ability to detain you (even against your will) for 48 Hrs. I’m not 100% sure about that act it has never been an issue for me to memorize the entire thing.

          • silly

            They illegally held you. Simple as that. You could have walked out at any time.

  • Derektraster

    What’s the exact law on having a fire arm or handgun in ur vehicle while occupying the vehicle?

    • http://twitter.com/JASONHUFFER Jason Huffer

      In the state of Indiana you can transport a firearm without needing a permit, However, it must be out in the open (preferably in a case or holster) while in reach of any person in said vehicle or locked in the trunk of a vehicle. If you have it under your seat,console, glove box, or any other place that keeps it hidden within the occupied area of the vehicle you need a C.C.P. Laws change every year so don’t forget to re-check every July 1st or so.

  • http://pulse.yahoo.com/_AK5GKJICG3QETUMVQQG2GP4PSM Thomas

    I have a CC permit in Indiana. Do I have to carry it with me when ever I am in possession of a handgun?

    • Firerose10

      Yes

    • silly

      YOU DO NOT have a CC permit! YOU HAVE ONE TO CARRY! open or CC. there is nothing that says that it needs to be hidden.

      • pervlibertarian

        Open Carry does NOT require a permit! Therefore it is a CONCEALED CARRY permit!

    • pervlibertarian

      Not if you are Open Carrying. Open Carry is not assumed to be for self defense or any such thing. If you legally own a fire arm, you may Open Carry it at any time.

  • http://pulse.yahoo.com/_AK5GKJICG3QETUMVQQG2GP4PSM Thomas

    I have a CC lifetime permit in Indiana. Do I have to carry it with me at all times when I am in possession of a handgun?

    • Ctwest98

      Thomas yes! You must be able to prove at all times!!

    • Larry

      When pulled over, in Indiana, you need to give your gun license,along with your drivers lic. and tell them you are armed. I would never be caught without it, un less I was naked, and nowhere to keep it !

      • silly

        That is incorrect. You DO NOT have to tell the officer that you have a gun even if he asked. It is only being nice that you tell him. The law states that they have the right to inspect it, not that you have to have it on you. The license says it needs to be on you, but that isn’t the law.

        • Tyson Bradford

          it may not be the law, but it’d be the smart thing to do. Stop telling people they don’t have too, cause everytime someone gets caught without one, it’s reported that they were carrying without a permit, even if they had one but not on them. Then it’s just another story that gives gun grabbers more horror stories to remove our guns.

          ALWAYS have it on you when you have your gun on you. If pulled over you don’t have to volunteer that you have one, or that you are armed. I have been pulled over, and will only say anything if/when asked to step out of the car and get searched.

  • jlm

    Thomas, you may want to find the reference yourself, but the law was just recently changed so that you do not need to carry the permit with you at all times.  However, it will most likely help in an LEO situation to have your permit with you.  LEO’s have the ability to look your permit number up in their computer system, but it makes sense that they may like to actually see the permit in your hand before they find a gun on your person. 

  • gary

    are fees in indiana going up in cost for permits

  • Josh46902

    If someone confronts someone about an issue and that person becomes hostile and threatening toward you and makes threats to you and then proceeds to place there hand around your neck is that grounds to stand your ground

    • Rogersb11

      yes it is. No one is allowed to place their hands on you unless in is said to be allowed. Kick that ass

    • http://www.facebook.com/Tmblanchard Troy Blanchard

      What Rogersb11 said. As long as it is only threats, from what I see, then no. As soon as he initiates action against you, then yes, stand your ground until he retreats or is on the ground, which ever is first.

    • http://www.facebook.com/bpickell2003 Brian Pickell

      If someone places their hands on you and you are unable to get away from them.. By that I mean they are holding you against your will. Then that is a felony (false imprisonment) So yes you are allowed to use deadly force.

    • gibson

      To be lawfully under stand your ground you must not be “part of the problem” if you are you must retreat to the best of your ability… now with that said if someone has there hands around your neck and you struggle but can not retreat then you are now legally under stand your ground law.

  • Twobitanderson

    In May of 2006,I discharged a weapon in self defense,in my dwelling,to thwart off an impending attack.The aggressor was not injured but fled my home. He was was 24 yrs. and 245 lbs.[I was 37,135 lbs.]. I opened my home up to an ex-stepson who was homeless and whom I discovered after the fact was smoking pot in my living with strangers after I would fall asleep in the evenings. The altercation arose between us late one evening,after I was woken by him in my living room blaring my television. After telling him to turn it off and move to another part of the house, he became threateningly insolent towards me and I was forced to use action after he repeatedly refused to back away and leave my home. I was subsequently charged with “attempted murder” in Evansville Indiana and was forced into a plea bargain of “attempted aggravated battery”which I was sentenced to a term of 6 yrs. Had this law been in affect then, I would have never of been criminalized by our injustice system or have spent a day in jail. “Question”…is this law retroactive so as people like myself can make theirself whole again. Please send your suggestions because there are others whom I’ve encountered when I was incarcerated which were there for fending off an attack.

    • Ben Harville

      Im from Vincennes, Indiana which is just a little north of Evansville. I study law enforcement at Vincennes University and we as students are taught that if attacked or threatened in your home, you have the right to use deadly force.. do to the “stand your ground doctrine.” In my eyes, you did the christian thing by allowing the “ex-stepson” to stay with you in his time of need. And since you were kind enough to help him out, he should have been grateful for your generosity and been doing everything he can to help you out.. including turning the volume down and/or moving to a different TV at a different part of the house. However, the only reason you should have pulled your weapon was if you felt like your life, or someone elses life was in immenent danger. And for discharging your weapon, that should have only been done if you were defending your life or someone elses life.

      • Brandon Hardy

        Hey Ben, You go to VU ? I live in Loogootee Indiana not far from Vincennes, and i was wondering. Does VU allow you to carry on campus if you have your permit and such ? I’ve been looking into it and not alot of luck finding anything out. I read somewhere that the state law is its up to each school individually, as a student there i figured you might know abit more about Vu’s policys regarding it

  • Ben Harville

    Im 19 in Indiana and I have a valid “lifetime personal protection permit.” My dad bought me a handgun for successfully completing my first year of college (Gen. 4 Glock 19 FYI)… However, he refuses to let me carry on a daily basis even though I have a valid permit. I have had 4 years of proper training in law enforcement as well as gone through 2 handgun safety courses. What are your opinions  on talking with parents about allowing their children to legally carry for their protection? My dad just told me tonight that there is no reason to carry until their is a need. In my mind, its better to have a weapon and not need it, than to need one and not have it.

    • http://www.facebook.com/bdoc820 Brent Doctor

      Umm dude..you are an adult why are you even asking about talking to your parents.

    • Cody

      As your father has purchased the gun it is his saying that you can carry “his” weapon, once you turn 21 and purchase you own firearm you may carry it when every you’d like

      • http://www.facebook.com/bpickell2003 Brian Pickell

        Not true.. If his father purchased the gun and gave it to him. It was gifted to him, therefore it is his gun. His father has no say in it. I say carry the gun, your dad doesn’t need to know. I carry (legally) on a daily basis, and the only person that knows is my wife.

    • http://www.facebook.com/Surfernaut Christopher Thomas

      I agree with you Ben. The thing is I see what your father is saying as well. As long as you live under your fathers roof he can lay rules down. It’s his castle

      • Jennifer Wiliams

        Until he needs it??? lmbo Whats he supposed to do? Tell an attacker “Hold on. Wait a minute?! I have to go home and get my gun from my daddy?!”

    • Tyson Bradford

      You’re 19. If the permit and handgun are both under your name, he can’t legally stop you from carrying as you wish. And he is VERY mistaken. His belief makes sense only on a superficial level, the need for one comes up 90% of the time without the need for it being predicted.

  • Slash

    I am trying to find out what states allow you too have a bullet in chamber of your concealed firearm?

    • pervlibertarian

      ALL of them. There is no point in “Carrying” “Concealed” an unloaded firearm. Might as well “Conceal” it in a lockbox you carry like a purse, hoping you will remember the combination on time or not fumble the key should you need it …and god help you if you are the victim of a purse thief!

  • Piky

    Too many pussy in this country, I just can’t believe that a man without a real cause have to carry a gun to feel safe. There is not such thing as safe because you carry a gun. I am a old man and I grow up in a country where people kill people just for not reason at all but to create fear. I don’t like gun and I never carry in gun except when I was in Vietnam, Angola and Nicaragua War. i don’t need gun to feel safe, I am not looking for troblem but if trouble come to me all what I got to do is walk away or use my common sense to win any battle.
    American people need to learn how to win a battler using the common sense or brain.
    I don’t care who you are let me tell you something carry a gun will get you kill sooner than later, of course unless you get lucky.

    • libertyordeath

      hahah this guy ^^^ sounds like a liberal talking. I appreciate your service man I really do but you can’t sit there and tell me (with very poor grammer) that when a criminal wants your money or daughter or whatever it may be that walking away will win you that battle. I dont buy a bit of it my man

    • silly

      you’re an idiot.

    • DUSTIN

      Thank you . thats right put that gun down ! grow some balls and get that ass woop boy stop pulling guns OUT cuzz you got em ..I bet you pull that shit with this gentlemen or my self youll FIND THAT SHIT ONE OF TWO PLACES. people die for no reason every day because pussy ass lil boys dont want to get bloody THANK YOU FOR YOUR SERVES

      • Mike

        I am sure you mean “service” not ‘serves’, at least i hope. You do realize you sound like an insolent fool with the way you write? I have both martial art and gun training. I use the first to put myself in a favorable range for the latter. In a matter of life or death, there are no rules of engagement. We are given the RIGHT to bear arms. You may choose not to exercise it, but woe unto you should you put others down for exercising what is rightfully theirs.

    • Tyson Bradford

      ok what happens when those “pussies” are in your house in the middle of the night and are about to enter your room, how you plan on outsmarting them then? How’s your daughter going to outsmart the 6′ 245 lb quarterback that’s about to assault and rape her as she walks home from a party? I have 8 years of service, with combat tour. I know how to use both my brain and my gun. But you can’t always have it both ways, sometimes the gun is the right tool for the job.

  • freedom

    Gun laws are awsome in Indiana, You can carry in the open and if you feel threaten for your life or some else you have a right to kill under the castle doctrine. You may all so carry it loaded

    • B Coll

      you really need to understand,, maybe you shouldn’t carry,, if all you think is how cool or awesome it is that you have the right to kill……….

      • Brian

        I absolutely. Agree with you ! That comment above is
        Not very smart,thats what will get our rights taken
        away

        • pervlibertarian

          That comment by “freedom” is a troll.

      • pervlibertarian

        Not your call.

    • Newburgh

      If you are not intelligent enough to express yourself using coherent sentences and at minimum, decent grammar; then you are not intelligent enough to carry a weapon or make the decision to do so.
      Your mentality as shown by your comments, reveal very juvenile and shallow thought processes that will either get you or the wrong person killed one day or your ass in jail for not thinking things through properly.

  • mike jones

    can someone tell me why iam facing a B,C,and D Felony pending for standing my ground did no t cause any harm or need for Medical help for shoot a meth head from doing harm to a thrid person but i choose not to use my 45Cal side arm but used a ASL 250 low volecity load soft BEAN BEAN round please the round did not even break skin. but iam looking at 12 years frist time offender. or is this just how small towns in Ind call fair

    • pervlibertarian

      You need a lawyer, not a comment on a random article on the internet. Without a lawyer, all I can point to is, THAT is why!

  • Dispatcher

    I applied for a gun permit in Indiana on October 1 of this year. 2 questions; First, how long does it take to hear something back, and second, I applied for the lifetime unlimited, does that mean: Lifetime Unlimited Open carrie where I can carry it in a holster at ANY time any where?

  • brian

    There is an app for your phone called (posted app)
    It has places not you can’t. carry though out any
    u.s city

  • JDS

    If you own a business and lease space, can the landlord deny you the right to have a firearm on the premisis. Even if you have a lifetime personal permit?

    • jake steed

      99.9% sure that they cannot. There are very few places that it is illegal to carry. By law an employer or business cannot legally prohibit firearms on their premises without getting an exemption. This is a fairly recent law, 3 or 4 years old. Now obviously you wouldn’t want to carry at your job just because legally you can, if you want to keep your job. Also just because an establishment has a “firearms prohibited” decal on the window, it doesn’t mean they are. If they have a document showing their exemption then leave it in your car or don’t give them your business. I prefer the latter. But I have never seen an exemption anywhere.

      • pervlibertarian

        I don’t give them my business or my skills. Why would I want to work for someone who tried to infringe my rights with no legal standing? If they don’t have their ducks in a row(an exemption as you mentioned), I would work armed until they fire me for it and then sue. Why oh why would I want to stop carrying just to keep that job? I don’t want to work for such half-assed people in the first place! Would I work unarmed for someone who had the legal exemption? Sure! …but that’s not what you suggested!

    • Tyson Bradford

      why should they know? If you keep it hidden until/if the need arises no one should ever know who is carrying what where.

  • disqus_9i6pUJ4xMT

    I am against the law in the way it is stated. I believe you have the right to protect your property and your family. But carrying a gun all of the time is just asking for trouble even though you have a permit to do so. I do not want to see another Trayvon/Zimmerman incident. He should have been found guilty (Zimmerman). That is what I fear.

    • pervlibertarian

      SYG had nothing to do with Zimmerman. It was not even used in his defense. Try again.

  • DAM

    So I have been looking on the interent for this information but I was just wondering some simple questions. I am active duty service in the military and I want to carry when I am at home. First question: Do I need to have X amount of hours in safety classes? Second question: To get the fingerprint part of the permit process can I schedual a time and date that is convenient for me (to take leave). Third question: I am going to be keeping my pistol at my parents home is there anything that they need legaly to have it in there house? Fourth question: I know Kentucky and Colorado you needed both a carry and then a conceled permits, is the same for indidan or are they combined? Fifth Question: under IC 35-41-3-2 Sec. 2. (c) it says ” … force is necessary to immediately prevent or terminate the other person’s trespass on or criminal interference with property lawfully in the person’s possession, lawfully in possession of a member of the person’s immediate family, or belonging to a person whose property the person has authority to protect … ” what exactly would ” … the person has authority to protect … ” cover? My friend lives in a shady part of town would I be allowed to use appropriate force in his home (assuming he has no problem with me carrying in his home) Sixth and final question: One of my friends dads is a felon (business money laundering) I know that he cannot have a firearm or ammuntion but if the firearm and everything else is on my person could I have it in the house (assuming no personal problems with me carrying)? If soemone can either answer my questions or point me in the right direction it would be greatly helpfull.