Castle Doctrine and Stand Your Ground in California
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Thread: Castle Doctrine and Stand Your Ground in California

  1. Castle Doctrine and Stand Your Ground in California

    I was poking around on and according to the California page, California does not have a Castle Doctrine or Stand Your Ground law.

    However, CA PC 198.5:

    198.5. Any person using force intended or likely to cause death or
    great bodily injury within his or her residence shall be presumed to
    have held a reasonable fear of imminent peril of death or great
    bodily injury to self, family, or a member of the household when that
    force is used against another person, not a member of the family or
    household, who unlawfully and forcibly enters or has unlawfully and
    forcibly entered the residence and the person using the force knew or
    had reason to believe that an unlawful and forcible entry occurred.
    As used in this section, great bodily injury means a significant
    or substantial physical injury.

    Also according to the Judicial Council of California's Criminal Jury Instructions (CALCRIM 2011) dated October 29, 2010:

    [A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/great bodily injury/ <insert forcible and atrocious crime>) has passed. This is so even if safety could have been achieved by retreating.]

    The one element missing is protection from civil suits. Is that the reason the usacarry California page says "California is not a Castle Doctrine state and has no stand-your-ground law."

  3. #2
    Join Date
    Sep 2007
    New Orleans, LA
    Thanks, the California page has been updated to reflect this.

    California Concealed Carry Permit Information

    Memberships: NRA, GOA, USCCA
    Guns: Glock 26, Ruger LCP, Beretta 90-Two .40, Beretta PX4 Storm Subcompact 9MM, Beretta Tomcat, Bushmaster Patrolman M4

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