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castle doctrine Laws Law Intelligence Hub

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

TX1005 — traditional

Citation: Tex. Penal Code § 9.42

A person is justified in using deadly force against another to protect land or tangible, movable property: … (2) when and to the degree reasonably believe the deadly force is immediately necessary: (A) to prevent the other's imminent' commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime.

Effective: 1974-01-01 Superseded: 2007-09-01
Texas castle doctrine handgun and long gun Permissive

TX1039 — 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Effective: 1900-01-01 Superseded: 1974-01-01
Utah castle doctrine handgun and long gun Permissive

UT1008 — stand your ground

Citation: Utah Code Ann. § 76-2-402(3)

A person does not have a duty to retreat from the force or threatened force described in Subsection (1) in a place where that person has lawfully entered or remained, except as provided in Subsection (2)(a)(iii).

Effective: 1994-03-02
Utah castle doctrine handgun and long gun Permissive

UT1007 — traditional

Citation: Utah Code Ann. § 76-2-405 (1973)

A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if: (1) The entry so made or attempted in a violent and tumultuous manner and he...

Effective: 1973-07-01 Superseded: 1994-03-02
Utah castle doctrine handgun and long gun Permissive

UT1054 — 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: 1973-07-01
Vermont castle doctrine handgun and long gun Permissive

VT1039 — 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
Virginia castle doctrine handgun and long gun Permissive

VA1047 — 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
Washington castle doctrine handgun and long gun Permissive

WA1049 — 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
West Virginia castle doctrine handgun and long gun Permissive

WV1007 — stand your ground

Citation: W. Va. Code § 55-7-22

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder or attacker in the circumstances described in subsection (a) of this section.

Effective: 2008-02-28
West Virginia castle doctrine handgun and long gun Permissive

WV1006 — 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: 2008-02-28
Wisconsin castle doctrine handgun and long gun Permissive

WI1009 — expanded 1

Citation: Wis. Stat. § 939.48

(ar) If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim under sub.

Effective: 2011-12-21
Wisconsin castle doctrine handgun and long gun Permissive

WI1008 — 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: 2011-12-21
Wyoming castle doctrine handgun and long gun Permissive

WY1025 — stand your ground

Citation: Wyo. Stat. § 6-2-602(e)

A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force pursuant to subsection (a) of this section provided that he is not the initial aggressor and is not engaged in illegal activity.

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

WY1006 — traditional

Citation: Wyo. Stat. § 6-2-602(a)

A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if: (i) The intruder against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, another's home or...

Effective: 2008-07-01 Superseded: 2018-07-01
Wyoming castle doctrine handgun and long gun Permissive

WY1007 — 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: 2008-07-01