USA Carry
No Result
View All Result
  • Home
  • Concealed Carry Resources
    • Concealed Carry Permit Information By State
      • A-E
        • Alabama
        • Alaska
        • American Samoa
        • Arizona
        • Arkansas
        • California
        • Colorado
        • Connecticut
        • Delaware
      • F-J
        • Florida
        • Georgia
        • Guam
        • Hawaii
        • Idaho
        • Illinois
        • Indiana
        • Iowa
      • K-M
        • Kansas
        • Kentucky
        • Louisiana
        • Maine
        • Maryland
        • Massachusetts
        • Michigan
        • Minnesota
        • Mississippi
        • Missouri
        • Montana
      • N-O
        • Nebraska
        • Nevada
        • New Hampshire
        • New Jersey
        • New Mexico
        • New York
        • North Carolina
        • North Dakota
        • Northern Marianas
        • Ohio
        • Oklahoma
        • Oregon
      • P-U
        • Pennsylvania
        • Puerto Rico
        • Rhode Island
        • South Carolina
        • South Dakota
        • Tennessee
        • Texas
        • Utah
      • V-Z
        • Vermont
        • Virgin Islands
        • Virginia
        • Washington
        • Washington D.C.
        • West Virginia
        • Wisconsin
        • Wyoming
    • Concealed Carry Permit Reciprocity Maps
    • Concealed Carry Permit Examples
  • Articles
    • Concealed Carry
    • Gun Reviews
    • Gear Reviews
    • Defensive Gun Use Stories
    • Training
    • CCW For Women
    • General Firearm
    • Open Carry
    • Self-Defense
    • Survival
    • EDC
    • Home Defense
  • Forums
  • Giveaway
  • Store
  • Deals
  • Contact
  • Home
  • Concealed Carry Resources
    • Concealed Carry Permit Information By State
      • A-E
        • Alabama
        • Alaska
        • American Samoa
        • Arizona
        • Arkansas
        • California
        • Colorado
        • Connecticut
        • Delaware
      • F-J
        • Florida
        • Georgia
        • Guam
        • Hawaii
        • Idaho
        • Illinois
        • Indiana
        • Iowa
      • K-M
        • Kansas
        • Kentucky
        • Louisiana
        • Maine
        • Maryland
        • Massachusetts
        • Michigan
        • Minnesota
        • Mississippi
        • Missouri
        • Montana
      • N-O
        • Nebraska
        • Nevada
        • New Hampshire
        • New Jersey
        • New Mexico
        • New York
        • North Carolina
        • North Dakota
        • Northern Marianas
        • Ohio
        • Oklahoma
        • Oregon
      • P-U
        • Pennsylvania
        • Puerto Rico
        • Rhode Island
        • South Carolina
        • South Dakota
        • Tennessee
        • Texas
        • Utah
      • V-Z
        • Vermont
        • Virgin Islands
        • Virginia
        • Washington
        • Washington D.C.
        • West Virginia
        • Wisconsin
        • Wyoming
    • Concealed Carry Permit Reciprocity Maps
    • Concealed Carry Permit Examples
  • Articles
    • Concealed Carry
    • Gun Reviews
    • Gear Reviews
    • Defensive Gun Use Stories
    • Training
    • CCW For Women
    • General Firearm
    • Open Carry
    • Self-Defense
    • Survival
    • EDC
    • Home Defense
  • Forums
  • Giveaway
  • Store
  • Deals
  • Contact
No Result
View All Result
USA Carry
No Result
View All Result
  • DAILY GUNS & AMMO DEALS – CLICK HERE!
Home Articles

Fortress Home: A Frank Discussion About Castle Doctrine

Michael Jenkins by Michael Jenkins
October 29, 2015
in Articles, General Firearm, Self-Defense
Reading Time: 3 mins read
Fortress Home: A Frank Discussion About Castle Doctrine
Share on FacebookShare on Twitter

Fortress Home: A Frank Discussion About Castle Doctrine

I’m going to open this article with a statement that is beyond contention: I am not an attorney. I am not licensed as an attorney in any state in the Union. I can not receive fees for giving legal advice. Nothing I write or say should be construed as such advice?

Are we clear on that? Yes? Good.  On we go.

Let’s talk about Castle Doctrine, one of the more contentious and misunderstood collections of law out there. Definitions and particulars vary from state to state, but New Jersey statute defines it thus: “The ‘Castle Doctrine’ is a long-standing American legal concept arising from English Common Law that provides one’s abode is a special area in which one enjoys certain protections and immunities that one is not obligated to retreat before defending oneself from attack, and that one may do so without fear of prosecution.” This is a good general definition, and in layman’s terms says that you have the right to expect security in  your own home, no duty to retreat from a threat there, the right to protect yourself with force, and without fear of prosecution.

Now, again, the particulars vary. In some states Castle Doctrine applies to your domicile, in others your car and/or place of business.  Let’s take Texas as a case in point. Castle Doctrine in Texas applies to any unlawful threat or entry to a person’s home, vehicle, or place of business, or an attempt to remove an individual from any of the above. This is a fairly broad definition—not surprising for Texas—and one which explicitly allows for deadly force in those situations. Continuing across the spectrum we reach California, which allows one to protect one’s home and only one’s home with deadly force if they feel that someone is in physical danger. Note that businesses and vehicles are not included.  On perhaps the far end lies the Empire State; New York law only allows for deadly force in the home if you cannot deter the altercation by retreating, and if you were not the initial aggressor in said confrontation.

So what have we learned? Castle Doctrine law is a house of many mansions, with a wide variety of meanings and interpretations from state to state. Coupled with the varying regulations of firearms, magazines, and ammunition, gun owners concerned about self defense law may find themselves a bit bewildered.

Fortunately, there are resources available to help you make sense of things.  First of all, as I’ve discussed in part in another article, you should consider talking to an attorney. Not a friend who happens to be a lawyer, or your neighborhood cop, an attorney who has been paid to act on your behalf. Even if you just book a consult to get some advice and clarification, it’s money well spent.

Secondly, make use of online resources. There are some great places to find state by state firearm information. While these are not a substitute for formal legal advice, they can give you a better idea of what’s going on nationwide.

When you take up a firearm for self defense, you assume a heavy responsibility. Part of that is the obligation to stay informed and to follow the relevant laws for your area of operation. Not to speak out of turn, but your behavior does impact the entire 2nd Amendment community; bear that in mind as you make your plans.

Tags: castle doctrine
Michael Jenkins

Michael Jenkins

Michael Jenkins is a writer and editor based in Wilmington, North Carolina. He is a lifelong reader, gardener, shooter, and musician. You can reach him at opencarryjenkins@gmail.com.

Next Post

CCW Holder Stops Robbery in Chicago

0 0 votes
Article Rating
Subscribe
Connect with
Login
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
Notify of
Connect with
I allow to create an account
When you login first time using a Social Login button, we collect your account public profile information shared by Social Login provider, based on your privacy settings. We also get your email address to automatically create an account for you in our website. Once your account is created, you'll be logged-in to this account.
DisagreeAgree
Please login to comment
2 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
Previous Post

Bearing Arms Debunks Washington Post Mass Shootings Article

Next Post

CCW Holder Stops Robbery in Chicago

Related Posts

The Truck Gun for Active Killer Interdiction: Realistic?
Travel

The Truck Gun for Active Killer Interdiction: Realistic?

December 6, 2023
[ALERT] Police Responding to Active Shooting on UNLV Campus
News

Suspect Deceased, Multiple Victims Reported After Active Shooting at UNLV

December 6, 2023

Man Breaks Into Estranged Family's House, Shot And Killed By His Brother
DGU

Man Breaks Into Estranged Family’s House, Shot And Killed By His Brother

December 6, 2023
Should You Buy An Inexpensive Carry Gun?
Concealed Carry

Should You Buy An Inexpensive Carry Gun?

December 1, 2023

© 2023 USA Carry LLC

Navigate Site

  • Concealed Carry Resources
  • Articles
  • Forums
  • Directory
  • Giveaway
  • Store
  • Deals
  • Contact

Follow Us

No Result
View All Result
  • Home
  • Concealed Carry Resources
    • Concealed Carry Permit Information By State
      • Alabama
      • Alaska
      • American Samoa
      • Arizona
      • Arkansas
      • California
      • Colorado
      • Connecticut
      • Delaware
      • Florida
      • Georgia
      • Guam
      • Hawaii
      • Idaho
      • Illinois
      • Indiana
      • Iowa
      • Kansas
      • Kentucky
      • Louisiana
      • Maine
      • Maryland
      • Massachusetts
      • Michigan
      • Minnesota
      • Mississippi
      • Missouri
      • Montana
      • Nebraska
      • Nevada
      • New Hampshire
      • New Jersey
      • New Mexico
      • New York
      • North Carolina
      • North Dakota
      • Northern Marianas
      • Ohio
      • Oklahoma
      • Oregon
      • Pennsylvania
      • Puerto Rico
      • Rhode Island
      • South Carolina
      • South Dakota
      • Tennessee
      • Texas
      • Utah
      • Vermont
      • Virgin Islands
      • Virginia
      • Washington
      • Washington D.C.
      • West Virginia
      • Wisconsin
      • Wyoming
    • Concealed Carry Permit Reciprocity Maps
    • Concealed Carry Permit Examples
  • Articles
    • Concealed Carry
    • Reviews
    • Defensive Gun Use Stories
    • Training
    • CCW For Women
    • General Firearm
    • Open Carry
    • Self-Defense
    • Survival
    • EDC
    • Home Defense
  • Forums
  • Giveaway
  • Store
  • Daily Deals
  • Contact

© 2023 USA Carry LLC

wpDiscuz
2
0
Join the conversation, please comment.x
()
x
| Reply
You are going to send email to

Move Comment