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castle doctrine Laws Law Intelligence Hub

123 Records • Page 1 of 4
Alabama castle doctrine handgun and long gun Permissive

AL1005 — stand your ground

Citation: Ala. Code § 13A-3-23(b)

A person who is justified under subsection (a) in using physical force, including deadly physical force, and who is not engaged in an unlawful activity and is in any place where he or she has the right to be has no duty to retreat and has the right to stand his or her ground.

Effective: 2006-06-01
Alabama castle doctrine handgun and long gun Permissive

AL1004 — traditional

Citation: Acts 1977, No. 607, § 620(2)

A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only: (a) In defense of a person a provided in § 610 of this chapter (Justification: Use of Force in Defense of a Person): or (b) When he reasonably believes it is necessary to prevent the commission of arson in the first or second degree by the trespasser

Effective: 1978-05-16 Superseded: 2006-06-01
Alabama castle doctrine handgun and long gun Permissive

AL1037 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1978-05-16
Alaska castle doctrine handgun and long gun Permissive

AK1050 — stand your ground

Citation: Ak. Stat. Ann. § 11.81.335

A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is (1) on premises (A) that the person owns or leases; (B) where the person resides, temporarily or...

Effective: 2013-09-18
Alaska castle doctrine handgun and long gun Permissive

AK1006 — expanded 2

Citation: Ak. Stat. Ann. § 11.81.335

A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others being defended, the person can avoid the necessity of using deadly force by leaving the area of the encounter, except there is no duty to leave the area if the person is (1) on premises (A) that the person owns or leases; (B) where the person resides, temporarily or...

Effective: 2006-09-13 Superseded: 2013-09-18
Alaska castle doctrine handgun and long gun Permissive

AK1005 — traditional

Citation: Alaska Stat. § 11.81.335

b) A person may not use deadly force under this section if the person knows that, with complete personal safety and with complete safety as to others the person can avoid the necessity of using deadly force entreating, except there is no duty to leave the area retreat if the person is (1) on premises (A) which the person owns or leases.

Effective: 1978-01-01 Superseded: 2006-09-13
Alaska castle doctrine handgun and long gun Permissive

AK1040 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1978-01-01
Arizona castle doctrine handgun and long gun Permissive

AZ1009 — stand your ground

Citation: Ariz. Rev. Stat. Ann. § 13-411

There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section … . This section is not limited to the use or threatened use of physical or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.

Effective: 2006-04-24
Arizona castle doctrine handgun and long gun Permissive

AZ1008 — traditional

Citation: Laws 1977, Ch. 142, § 44. Sec. 13-408

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control, but such person may use deadly physical force under these circumstances as provided in...

Effective: 1978-10-01 Superseded: 2006-04-24
Arizona castle doctrine handgun and long gun Permissive

AZ1045 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1978-10-01
Arkansas castle doctrine handgun and long gun Permissive

AR1053 — stand your ground

Citation: Arkansas Code § 5-2-607

(c) A person who uses or threatens to use physical force as otherwise permitted under this subchapter does not have a duty to retreat before using or threatening to use the physical force if the person is: (1) Lawfully present in the location; (2) Not engaged in criminal activity that gives rise to the need to use physical force; and gang, (3) Not engaged in any activity in furtherance of a criminal organization, or...

Effective: 2021-07-28
Arkansas castle doctrine handgun and long gun Permissive

AR1004 — traditional

Citation: Ark. Code Ann. § 5-2-607(b)

(b) A person may not use deadly physical force in self defense if he knows that he can avoid the necessity of using that force with complete safety: (1) By retreating, except that a person is not required to retreat if he is in his dwelling and was not the original aggressor,

Effective: 1975-01-01 Superseded: 2021-07-28
Arkansas castle doctrine handgun and long gun Permissive

AR1051 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1975-01-01
California castle doctrine handgun and long gun Permissive

CA1008 — traditional

Citation: Cal. Penal Code § 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...

Effective: 1985-01-01
California castle doctrine handgun and long gun Permissive

CA1009 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1985-01-01
Colorado castle doctrine handgun and long gun Permissive

CO1009 — traditional

Citation: Col. Rev. Stat. Ann. § 18-1-704.5

Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or...

Effective: 1985-06-06
Colorado castle doctrine handgun and long gun Permissive

CO1010 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1985-06-06
Connecticut castle doctrine handgun and long gun Permissive

CT1009 — expanded 1

Citation: Conn. Gen. Stat. Ann. § 53a-20

A person in possession or control of premises, or a person who is licensed or privileged to be in or upon such premises, is justified in using reasonable physical force upon another person when and to the extent that he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of a criminal trespass by such other person in or upon such premises; but he may use deadly...

Effective: 1971-10-01
Connecticut castle doctrine handgun and long gun Permissive

CT1061 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1971-10-01
Delaware castle doctrine handgun and long gun Permissive

DE1006 — expanded 1

Citation: 11 Del.C. §§ 4-464; 465

§464: (e) The use of deadly force is not justifiable under this section if: (1) The defendant, with the purpose of causing death or serious physical injury, provoked the use of force against the defendant in the same encounter; or (2) The defendant knows that the necessity of using deadly force can be avoided with complete safety by retreating, by surrendering possession of a thing to a person asserting a claim of...

Effective: 1973-04-01
Delaware castle doctrine handgun and long gun Permissive

DE1052 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1973-04-01
District of Columbia castle doctrine handgun and long gun Permissive

DC1048 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01
Florida castle doctrine handgun and long gun Permissive

FL1008 — stand your ground

Citation: Florida Stat. Ann. § 776.013(3)

A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).

Effective: 2005-10-01
Florida castle doctrine handgun and long gun Permissive

FL1007 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 2005-10-01
Georgia castle doctrine handgun and long gun Permissive

GA1009 — stand your ground

Citation: Ga. Code Ann. § 16-3-23.1

A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said...

Effective: 2006-07-01
Georgia castle doctrine handgun and long gun Permissive

GA1008 — traditional

Citation: Georgia Penal Code, Fourth Division, Sec. 12 (1833)

Justifiable homicide is the killing of a human being … in self-defense, or in defense of habitation, property, or person, against one who manifestly intends or endeavors by violence or surprise to commit a felony on either; or against nay persons who manifestly intend and endeavor in a riotous and tumultuous manner to enter the habitation of another, for the purpose of assaulting or offering personal violence to any...

Effective: 1833-01-01 Superseded: 2006-07-01
Hawaii castle doctrine handgun and long gun Permissive

HI1006 — expanded 1

Citation: Hawaii Rev. Stat. Ann. § 703-304(5)(b)(i)

The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be.

Effective: 1973-01-01
Hawaii castle doctrine handgun and long gun Permissive

HI1069 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1973-01-01
Idaho castle doctrine handgun and long gun Permissive

ID1031 — expanded 2

Citation: Idaho Code Ann. § 18-4009(1)(b)

Homicide is justifiable when committed by any person in any of the following cases: When committed in defense of habitation, a place of business or employment, occupied vehicle, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation, place...

Effective: 2018-07-01 Superseded: 2018-07-01
Idaho castle doctrine handgun and long gun Permissive

ID1055 — stand your ground

Citation: Idaho Code § 19-202A(3)

In the exercise of the right of self-defense or defense of another, a person need not retreat from any place that person has a right to be. A person may stand his ground and defend himself or another person by the use of all force and means which would appear to be necessary to a reasonable person in a similar situation and with similar knowledge without the benefit of hindsight.

Effective: 2018-07-01
Idaho castle doctrine handgun and long gun Permissive

ID1008 — traditional

Citation: Idaho Code Ann. § 18-4009(2)

Homicide is also justifiable when committed by any person in either of the following cases: 2. When committed in defense of habitation, property or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter the habitation of another for the purpose of offering violence...

Effective: 1972-01-01 Superseded: 2018-07-01
Idaho castle doctrine handgun and long gun Permissive

ID1045 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1972-01-01
Illinois castle doctrine handgun and long gun Permissive

IL1007 — traditional

Citation: 720 Ill. Comp Stat. 5/7-2(a)

A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other's unlawful entry into or attack upon a dwelling.

Effective: 1962-01-01
Illinois castle doctrine handgun and long gun Permissive

IL1054 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

Effective: 1900-01-01 Superseded: 1962-01-01
Indiana castle doctrine handgun and long gun Permissive

IN1008 — stand your ground

Citation: Ind. Code Ann. § 35-41-3-2(c)(2)

(c) A person is justified in using reasonable force against any other person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force.

Effective: 2006-07-01
Indiana castle doctrine handgun and long gun Permissive

IN1007 — traditional

Citation: Ind. Public Law No. 148, Art. 41, Ch. 3, § 2(b)

A person is justified in using reasonable force, including force that creates a substantial risk of serious bodily injury against another person if he reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on his dwelling or curtilage.

Effective: 1977-07-01 Superseded: 2006-07-01