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castle doctrine Laws Law Intelligence Hub

123 Records • Page 3 of 4
Nevada castle doctrine handgun and long gun Permissive

NV1040 — 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Effective: 1900-01-01 Superseded: 1911-01-01
New Hampshire castle doctrine handgun and long gun Permissive

NH1006 — stand your ground

Citation: N.H. Rev. Stat. Ann. § 627:4(III)

A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he or she knows that he or she and the third person can, with complete safety: (a) Retreat from the encounter, except that he or she is not required to retreat if he or she is within his or her dwelling, its curtilage, or anywhere he or she has a right to be, and was not the...

Effective: 2011-11-13
New Hampshire castle doctrine handgun and long gun Permissive

NH1005 — traditional

Citation: N.H. Rev. Stat. Ann. § 627:4(III) (1971)

A person is not justified in using deadly force on another to defend himself or herself or a third person from deadly force by the other if he knows that he and the third person can, with complete safety: (a) Retreat from the encounter, except that he or she is not required to retreat if he is within his or her dwelling, and was not the initial aggressor.

Effective: 1973-11-01 Superseded: 2011-11-11
New Hampshire castle doctrine handgun and long gun Permissive

NH1040 — 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Effective: 1900-01-01 Superseded: 1973-11-01
New Jersey castle doctrine handgun and long gun Permissive

NJ1007 — traditional

Citation: N.J. Stat Ann. 2C:3-6(3)

The use of deadly force is not justifiable under subsection a. of this section unless the actor reasonably believes that: (a) The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (b) The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other criminal theft or...

Effective: 1979-09-01
New Jersey castle doctrine handgun and long gun Permissive

NJ1053 — 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: 1979-09-01
New Mexico castle doctrine handgun and long gun Permissive

NM1034 — 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
New York castle doctrine handgun and long gun Permissive

NY1009 — traditional

Citation: N.Y. Penal Law § 35.15(2)

A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (i) in his or her dwelling and not the initial aggressor.

Effective: 1968-03-21
New York castle doctrine handgun and long gun Permissive

NY1050 — 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: 1968-03-21
North Carolina castle doctrine handgun and long gun Permissive

NC1008 — stand your ground

Citation: N.C. Gen. Stat. Ann. § 14-51.3

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.

Effective: 2011-12-01
North Carolina castle doctrine handgun and long gun Permissive

NC1007 — 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: 2011-12-01
North Dakota castle doctrine handgun and long gun Permissive

ND1059 — stand your ground

Citation: N.D. Cent. Code § 12.1-05-07(2)(b)(2)

However, the duty to retreat or avoid force does not apply under the following circumstances: … (2) An individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used, unless the circumstances in subdivision b of subsection 2 of section 12.1-05-03 apply, is not required to retreat within or from...

Effective: 2021-08-01
North Dakota castle doctrine handgun and long gun Permissive

ND1050 — expanded 1

Citation: N.D. Cent. Code § 12.1-05-07(2)(b)(2)

[No law exerpt available. This law expanded no duty to retreat to include in vehicles. ]

Effective: 2007-08-01 Superseded: 2021-08-01
North Dakota castle doctrine handgun and long gun Permissive

ND1005 — expanded 1

Citation: S.L. 1973, Ch. 116, § 5

No person is required to retreat from his dwelling, or place of work, unless he was the original aggressor or is assailed by a person who he knows also dwells or works there.

Effective: 1975-07-01 Superseded: 2021-08-01
North Dakota castle doctrine handgun and long gun Permissive

ND1039 — 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: 1975-07-01
Ohio castle doctrine handgun and long gun Permissive

OH1050 — stand your ground

Citation: OH Rev. Code § 2901.09

B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence if that person is in a place in which the person lawfully has a right to be.

Effective: 2021-04-06
Ohio castle doctrine handgun and long gun Permissive

OH1006 — expanded 1

Citation: Oh. Rev. Code Ann. § 2901.09

For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has...

Effective: 2008-09-09 Superseded: 2021-04-06
Ohio castle doctrine handgun and long gun Permissive

OH1005 — traditional

Common Law Castle Doctrine

Effective: 1900-01-01 Superseded: 2008-09-09
Oklahoma castle doctrine handgun and long gun Permissive

OK1007 — stand your ground

Citation: Okla. Stat. Ann. Tit. 21 § 1289.25(D)

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 death or great bodily harm to himself or herself or another or to prevent the commission of a forcible...

Effective: 2006-11-01
Oklahoma castle doctrine handgun and long gun Permissive

OK1005 — traditional

Citation: Okla. Stat. Ann. Tit. 21 § 1289.25 (1987)

Any occupant of a dwelling is justified in using any degree of physical force, including but not limited to deadly force, against another person who has made an unlawful entry into that dwelling, and when the occupant has a reasonable belief that such other person might use any physical force, no matter how slight, against any occupant of the dwelling.

Effective: 1987-11-01 Superseded: 2006-11-01
Oklahoma castle doctrine handgun and long gun Permissive

OK1006 — traditional

Common Law Castle Doctrine

Effective: 1900-01-01 Superseded: 1987-11-01
Oregon castle doctrine handgun and long gun Permissive

OR1008 — traditional

Citation: Or. Rev. Stat. § 161.225(2)

A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only: ... (b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

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

OR1045 — 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: 1971-01-01
Pennsylvania castle doctrine handgun and long gun Permissive

PA1009 — stand your ground

Citation: 18 Pa. Cons. Stat. Ann. § 505(b)(2.3)

(2.3) An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm and who is attacked in any place where the actor would have a duty to retreat under paragraph (2)(ii) has no duty to retreat and has the right to stand his ground and use force, including deadly force, if: (i) the actor has a right to be in the place where he was attacked; (ii) the actor believes it is immediately...

Effective: 2011-08-29
Pennsylvania castle doctrine handgun and long gun Permissive

PA1008 — expanded 1

Citation: 18 Pa. Cons. Stat. Ann. § 505(b)(2) (1973)

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: 1973-06-06 Superseded: 2011-08-29
Pennsylvania castle doctrine handgun and long gun Permissive

PA1050 — 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: 1973-06-06
Rhode Island castle doctrine handgun and long gun Permissive

RI1008 — traditional

Citation: R.I. Gen. Laws § 11-8-8

There shall be no duty on the part of an owner, tenant, or occupier to retreat from any person engaged in the commission of any offense enumerated in §§ 11-8-2 - 11-8-6.

Effective: 1984-05-08
Rhode Island castle doctrine handgun and long gun Permissive

RI1009 — 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: 1984-05-08
South Carolina castle doctrine handgun and long gun Permissive

SC1007 — stand your ground

Citation: S.C. Ann. Code § 16-11-440(C)

A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the...

Effective: 2006-06-09
South Carolina castle doctrine handgun and long gun Permissive

SC1006 — 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: 2006-06-09
South Dakota castle doctrine handgun and long gun Permissive

SD1006 — stand your ground

Citation: S.D. Laws § 22-18-4

However, the person is justified in the use of deadly force only as provided in §§ 22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

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

SD1005 — 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: 2006-07-01
Tennessee castle doctrine handgun and long gun Permissive

TN1013 — stand your ground

Citation: Tenn. Ann. Code § 39-11-611(b)

Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

Effective: 2007-05-22
Tennessee castle doctrine handgun and long gun Permissive

TN1011 — traditional

Citation: 1989 Pub.Acts, c. 591, § 1

Any person using force intended or likely to cause death or serious bodily injury within their own residence shall be presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to self, family or 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 forcibly entered the residence and...

Effective: 1989-11-01 Superseded: 2007-05-22
Tennessee castle doctrine handgun and long gun Permissive

TN1012 — 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: 1989-11-01
Texas castle doctrine handgun and long gun Permissive

TX1006 — stand your ground

Citation: Tex. Penal Code § 9.32(C)

A person who has a right to be present at the location where the deadly force is used, who has not provoked the person against whom the deadly force is used, and who is not engaged in criminal activity at the time the deadly force is used is not required to retreat before using deadly force as described by this section.

Effective: 2007-09-01