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castle doctrine Laws Law Intelligence Hub

123 Records • Page 2 of 4
Indiana castle doctrine handgun and long gun Permissive

IN1048 — 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Effective: 1900-01-01 Superseded: 1977-07-01
Iowa castle doctrine handgun and long gun Permissive

IA1033 — stand your ground

Citation: Iowa Code Ann. § 704.1

3. A person who is not engaged in illegal activity has no duty to retreat from any place where the person is lawfully present before using force as specified in this chapter.

Effective: 2017-07-01
Iowa castle doctrine handgun and long gun Permissive

IA1007 — expanded 1

Citation: Iowa Code Ann. § 704.1

Reasonable force, including deadly force, may be used even if an alternative course of action is available if the alternative entails a risk to life or safety, or the life or safety of a third party, or requires one to abandon or retreat from one's dwelling or place of business or employment.

Effective: 1978-01-01 Superseded: 2017-07-01
Iowa castle doctrine handgun and long gun Permissive

IA1042 — 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Effective: 1900-01-01 Superseded: 1978-01-01
Kansas castle doctrine handgun and long gun Permissive

KS1007 — stand your ground

Citation: Kans. Stat. Ann. § 21- 5223

(a) A person who is not engaged in an unlawful activity and who is attacked in a place where such person has a right to be has no duty to retreat and has the right to stand such person’s ground and meet force with force.

Effective: 2006-05-25
Kansas castle doctrine handgun and long gun Permissive

KS1006 — 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: 2006-05-25
Kentucky castle doctrine handgun and long gun Permissive

KY1006 — stand your ground

Citation: Ky. Rev. Stat. Ann. §§ 503.050(4), 503.055(3)

503.050: A person does not have a duty to retreat prior to the use of deadly physical force. 503.055: A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent...

Effective: 2006-07-12
Kentucky castle doctrine handgun and long gun Permissive

KY1005 — traditional

Citation: Ky. Rev. Stat. § 503.33(2) (1974)

The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is: (a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (b) Committing or attempting to commit a burglary of such dwelling; or (c) Committing or attempting to commit arson of a...

Effective: 1975-01-01 Superseded: 2006-07-12
Kentucky castle doctrine handgun and long gun Permissive

KY1038 — 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
Louisiana castle doctrine handgun and long gun Permissive

LA1008 — stand your ground

Citation: La. Stat. Ann. § 14:20(C)

A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

Effective: 2006-08-15
Louisiana castle doctrine handgun and long gun Permissive

LA1007 — expanded 2

Citation: H.B. No. 392 § 140:20

A homicide is justifiable: (3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or place of business while committing or attempting to commit a burglary of such dwelling or business. The homicide shall be justifiable even though the person does not retreat from the encounter.

Effective: 1977-08-08 Superseded: 2006-08-15
Louisiana castle doctrine handgun and long gun Permissive

LA1006 — traditional

Citation: S.B. No. 107 § 140:20

A homicide is justifiable: (3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling while committing or attempting to commit a burglary of such dwelling. The homicide shall be justifiable even though the person does not retreat from the encounter when it appears that he would have been able to do so.

Effective: 1976-09-03 Superseded: 1977-08-08
Louisiana castle doctrine handgun and long gun Permissive

LA1043 — 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: 1976-09-03
Maine castle doctrine handgun and long gun Permissive

ME1006 — traditional

Citation: Me. Rev. Stat. Ann. Tit. 17 § 104(3)

A person in possession or control of a dwelling place or a person who is licensed or privileged to be therein is justified in using deadly force upon another person: A. Under the circumstances enumerated in section 108; or B.

Effective: 1976-05-01
Maine castle doctrine handgun and long gun Permissive

ME1037 — 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: 1976-05-01
Maryland castle doctrine handgun and long gun Permissive

MD1006 — 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
Massachusetts castle doctrine handgun and long gun Permissive

MA1005 — traditional

Citation: Mass. Gen. Laws Ch. 278 § 8A

In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in...

Effective: 1982-03-23
Massachusetts castle doctrine handgun and long gun Permissive

MA1006 — 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: 1982-03-23
Michigan castle doctrine handgun and long gun Permissive

MI1010 — stand your ground

Citation: Mich. Comp. Laws § 780.972(2)

An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent...

Effective: 2006-10-01
Michigan castle doctrine handgun and long gun Permissive

MI1009 — 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: 2006-10-01
Minnesota castle doctrine handgun and long gun Permissive

MN1006 — traditional

Citation: Minn. Stat. Ann. § 609.065

The intentional taking of the life of another is not authorized by section 609.06, except when necessary in resisting or preventing an offense which the actor reasonably believes exposes the actor or another to great bodily harm or death, or preventing the commission of a felony in the actor's place of abode.

Effective: 1962-09-01
Minnesota castle doctrine handgun and long gun Permissive

MN1040 — 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: 1962-09-01
Mississippi castle doctrine handgun and long gun Permissive

MS1007 — stand your ground

Citation: Miss. Ann. Code § 97-3-15(4)

A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1)(e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.

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

MS1006 — traditional

Citation: Laws 1983, Ch. 382, § 1

The killing of a human being by the act, procurement, or omission of another shall be justifiable in the following cases: (e) When committed by any person in resisting any attempt unlawfully to kill such person to commit any felony upon him or upon or in any dwelling house in which such person shall be.

Effective: 1984-01-01 Superseded: 2006-07-01
Mississippi castle doctrine handgun and long gun Permissive

MS1036 — traditional

Common Law Castle Doctrine

Effective: 1900-01-01 Superseded: 1984-01-01
Missouri castle doctrine handgun and long gun Permissive

MO1061 — stand your ground

Citation: Mo. Stat. Ann. § 563.031

3. A person does not have a duty to retreat: (1) From a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining; (2) From private property that is owned or leased by such individual; or (3) If the person is in any other location such person has the right to be.

Effective: 2016-10-14
Missouri castle doctrine handgun and long gun Permissive

MO1011 — expanded 2

Citation: Mo. Stat. Ann. § 563.031

A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining;

Effective: 2007-08-28 Superseded: 2016-10-14
Missouri castle doctrine handgun and long gun Permissive

MO1010 — traditional

Citation: Mo. Stat. Ann. § 563.036(2) (1977)

A person may use deadly force under circumstances described in subsection (1) above only … (2) When he reasonably believes it is necessary to prevent what he reasonably believes to be an attempt by the trespasser to commit arson or burglary upon his dwelling.

Effective: 1977-01-01 Superseded: 2007-08-28
Missouri castle doctrine handgun and long gun Permissive

MO1051 — 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: 1977-01-01
Montana castle doctrine handgun and long gun Permissive

MT1006 — stand your ground

Citation: Mont. Code Ann. § 45-3-110

Except as provided in 45-3-105, a person who is lawfully in a place or location and who is threatened with bodily injury or loss of life has no duty to retreat from a threat or summon law enforcement assistance prior to using force. The provisions of this section apply to a person offering evidence of justifiable use of force under 45-3-102, 45-3-103, or 45-3-104.

Effective: 2009-04-27
Montana castle doctrine handgun and long gun Permissive

MT1005 — expanded 2

Citation: Mont. Code Ann. § 45-3-103

A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if: (a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or (b) the person reasonably believes that the force is necessary to prevent the...

Effective: 1973-01-01 Superseded: 2009-04-27
Montana castle doctrine handgun and long gun Permissive

MT1039 — 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
Nebraska castle doctrine handgun and long gun Permissive

NE1042 — expanded 1

Citation: Neb.Rev.St. § 28-1409(4)(b)(i)

The actor shall not be 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: 1972-01-01
Nebraska castle doctrine handgun and long gun Permissive

NE1043 — 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
Nevada castle doctrine handgun and long gun Permissive

NV1007 — stand your ground

Citation: Nev. Rev. Stat. Ann. § 200.120(2)

A person is not required to retreat before using deadly force as provided in subsection 1 if the person: (a) Is not the original aggressor; (b) Has a right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

Effective: 2011-10-01
Nevada castle doctrine handgun and long gun Permissive

NV1006 — traditional

Citation: Nev. Rev. Stat. Ann. § 200.120(2) (1911)

Justifiable homicide is the killing of a human being in necessary 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, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or...

Effective: 1911-01-01 Superseded: 2011-10-01