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Castle Doctrine
What Is Castle Doctrine & What is Stand Your Ground?
Castle Doctrine applies to your home, vehicle or business. Laws vary based on your location, but Castle Doctrine allows a person to use deadly force should he or she feel there is an immediate threat of death or great bodily harm.
Why Is Castle Doctrine Beneficial to a Self-Defense Case?
To win a self-defense case, you need to show that there was an imminent threat of great bodily harm. With certain triggering criteria met in your case, your defense can create automatic presumptions. There is less of a burden, then, to prove that you saw a weapon or felt threatened. Now the burden of proof is on the government to prove the reverse of your self-defense claim.
Don’t get confused. The Castle Doctrine is not Stand Your Ground. The laws are vastly different and if they apply in your state you need to review them and understand what you can and can’t do.
Just to make this perfectly clear, every state’s laws are subtly different from similar laws in other states. This is a general overview. Castle Doctrine applies in your home, if you are already inside. Stand Your Ground applies outdoors and only changes one element of the justification for the use of deadly force. They are vastly different. Watch the video for a more in-depth explanation. And then review the laws in your individual state.
You need to know the difference in order to stay out of jail. If you can avoid a fight, please do. But at the very least, know your state laws.
What Is Castle Doctrine?
The Castle Doctrine is not a hunting license. Castle Doctrine laws most often instruct the courts that they must assume that anyone who breaks into your house while you are inside is there to cause you harm. But you still need to protect yourself legally as well as physically.
The best way to do that is to establish that you are a reluctant participant in the deadly force encounter. Don’t go searching for the bad guy. Try to end the situation without using deadly force if you can. Your problems don’t end when you shoot the intruder. They begin.
Guarding the Castle: Not as Easy as You Think
The Castle Doctrine is a great concept in the legal arena, but it is not an all-powerful shield. If you can end the situation without firing a shot, do so!
As always, this is not legal advice. Read and understand the laws of your state. Contact an attorney before you need one.
What Is Castle Doctrine?
Castle Doctrine applies to your home, vehicle or business. Laws vary based on your location, but Castle Doctrine allows a person to use deadly force should he or she feel there is an immediate threat of death or great bodily harm.
Why Is Castle Doctrine Beneficial to a Self-Defense Case?
To win a self-defense case, you need to show that there was an imminent threat of great bodily harm. With certain triggering criteria met in your case, your defense can create automatic presumptions. There is less of a burden, then, to prove that you saw a weapon or felt threatened. Now the burden of proof is on the government to prove the reverse of your self-defense claim.
Home Invasion: Stand Your Ground & Castle DoctriNE
Home Invasion: How Does ‘Stand Your Ground’ or Castle Doctrine Apply?
If someone kicks in the door of your home and tries to enter, are you allowed to shoot? Concealed Carry Magazine Executive Editor Kevin Michalowski and former criminal defense attorney Tom Grieve break down a simulated home invasion.
As is often the case in such a scenario, the answer to the question “Can I shoot?” is … it depends. It depends on the laws in your state and the specific situation you find yourself in. But we do have some tips for you.
Can You Shoot a Home Invader?
In a Castle Doctrine state, if someone you don’t know enters your home, it is legal to draw your firearm. That’s not to say you won’t face legal troubles, but it’s certainly less likely. If your state has a duty to retreat, however, it’s probably not legal.
One thing the trainee did well was to issue strong verbal commands while reaching for the gun she kept on her. However, to avoid additional legal trouble, do not follow the intruder outside of the house. Witnesses will only see you pointing a gun at someone exiting your home. In addition, you don’t know who might be outside to help the intruder.
A Threat Approaches... Should I Shoot?
This is a question we get often... and the answer is never simple. Today, Kevin Michalowski and Brock Majkowski tackle an all-too-common scenario.
You can't take the law into your own hands, but when a victim is in danger, you have to make a crucial decision and act based on your local laws and your training. Always make sure the proper authorities are alerted to the crime, if possible.
For more nail-biting scenarios, claim your Should I Shoot? book today, with 31 deadly force scenarios that will change the way you think about concealed carry. Call us at: (714) 680-5500. And for more concealed carry and self-defense training, tips, and tools check back on this website as its constantly being updated because laws change and so do methods of self-defense.
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It doesn’t take much for a normal day to turn into one of the most pivotal moments of your life…
Acting in self-defense during a home invasion has its own laws that vary from state to state. People often confuse what stand your ground law or castle doctrine actually allow you to do. Even if you're in the right to act in self-defense, you still open yourself up to a world of legal pitfalls.
To see the full breakdown only our members get, activate your membership by contacting 5150 HEAT Firearms Training Academy and claim your bonus package worth over $500: Call us at: (714) 680-5500.
In this scenario, Kevin and Tom breakdown a home break in. You need a home defense strategy. Don't just hope that by having a shotgun, rifle, or pistol somewhere in the house that it will be enough. Home security systems, including security cameras, panic buttons, and a home defense plan for various scenarios will help prepare your family to protect your home.
When acting in self-defense, be sure you train, know your state gun laws, and only use the amount of force necessary to stop the threat.
The USCCA’s mission is to Educate 10 Million Gun Owners, Legally Protect 1 Million USCCA Members, Stop 20,000 Crimes, and Save 1,000 Lives.
Like and share these educational and informative videos. Together we can Save Lives.
Not ready to join? You can learn more about the USCCA and how we're trusted by over 285,000 responsibly Armed Americans by contacting our Member Service Agents. Call us at: (714) 680-5500.
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Disclaimer: USCCA & 5150 HEAT Firearms Training Academy
The information contained on this website is provided as a service to USCCA, Inc. & 5150 HEAT Firearms Training Academy Members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.
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Concealed Carry Fundamentals
Concealed Carry Fundamentals is a comprehensive course for anyone considering owning or carrying a firearm for self defense. In this class you will learn conflict avoidance, situational awareness; shooting fundamentals; the physiology of violent encounters, legal aspects of using deadly force (including knowing what to do in the aftermath); and a complete guide on gear, gadgets, and ongoing training. Following the course, training and live-fire exercises are conducted on the range.
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This course is designed to give participants an entry level understanding of handguns and how to utilize them in self-defense situations. The curriculum is divided into four modules, each with several chapters. Classroom and Laser Pistol simulator time. Each participant will receive an excellent textbook: Concealed Carry and Home Defense Fundamentals. Intro to Laser Pistol training.
HOME DEFENSE FUNDAMENTALS
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BASIC HANDGUN FUNDAMENTALS
USCCA, Home Defense Course, is a comprehensive course for every skill level that focuses on firearms as a tool for home defense. Ultimately, the goal is for students to develop a home defense plan. Plus, many more useful subjects! Intro to Laser Pistol training.
Each participant will receive an excellent textbook: Concealed Carry and Home Defense Fundamentals.
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BASIC HANDGUN FUNDAMENTALS
Certified NRA Police Firearms & Tactics Instructor & Range Master
Women’s Handgun & Self-Defense Fundamentals covers the basics — along with the fun, seriousness and importance of being a responsibly armed female. The basics of shooting will be introduced, reviewed & built upon, while also exploring universal safety rules, situational awareness, common types of handguns, ammo types, marksmanship skills, advanced firearms handling/defensive essentials & the use of deadly force. Intro to Laser Pistol training.
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master - Prior to my retirement from law enforcement I served as a Police Firearms & Tactics Instructor and Range Master with Brea Police Department since 1992.
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Concealed Carry and Home Defense Fundamentals is a comprehensive seminar for anyone considering owning or carrying a firearm for self defense.
Certified USCCA Firearms Instructor & Range Master
Certified NRA Police Firearms & Tactics Instructor & Range Master
Certified USCCA Firearms Instructor & Range Master
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