Update on Jan 24 2009: new map and list are here. Or click on the map to go to the updated post:
updated castle doctrine map
Since I’m still getting hits on this post from a few days ago, and this one from the summer, and even on this one from March, I thought it might be worth the effort to publish an update. So here you go: this is the most current information I’ve been able to find about the adoption of “Castle Doctrine” laws by various states in the US. If I have time after my midterm tomorrow I might try to make a visual with Google Maps, but for right now, you’re going to have to settle for this (Update on 10/15/2007: map is posted here).
If you can get past the train metaphor (which is hard because they really do their best to beat it to death), this year-old article from the NRA has a good summary of which states enacted laws that eliminate the duty to reasonably retreat from an intruder in your home. As of October 2006,
Castle Doctrine [was] the law in Alabama, Arizona, [Florida,] Georgia, Idaho, Indiana, Kentucky, Mississippi and South Dakota.
I note that contrary to my naive political expectations, California, Michigan, Oregon, and Texas are all suspiciously absent from that list. But not to fear! In the past year, eleven more states have adopted some version of the Castle Doctrine as law:
[As of October 4 2007], the Castle Doctrine has become law in Florida, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, Indiana, Michigan, North and South Dakota, Kansas, Oklahoma, Texas, Arizona, Alaska, Idaho, Missouri and Maine. . . . By far, the popular concept in those states has been the “stand your ground” approach that permits a homeowner to fire upon invaders at first sight.
Well, there’s Michigan and Texas. I don’t believe that Oregon can be far behind- since the state only has about five million people in it, our legislature only meets every other year (!) so maybe they just had more important things to do for the last 9 months.
So as of right now, the Castle Doctrine is the law of the land in 20 out of 50 states. This issue must be on the agenda in Wyoming, Montana, Nebraska, New Mexico, Colorado, Oregon, Arkansas, Nebraska, Iowa, California, New York… hell, all of the flyover states and any of the coastal states with a significant crime rate where people might want to have the right to shoot back without asking questions first. The issue is in play in enough places to win a Presidential election.
What are the chances that a modification to federal tort law could emerge from this wildly successful NRA-sponsored grassroots movement?
Oregon has has Castle Doctrine for quite a long time!
Jaynee, I’m not sure I know what you mean. I realize that the idea is popular here, and that many Oregon residents are pro-gun, but I don’t know if we have a statute that removes a duty to retreat if possible before using deadly force.
Do you have case law or code to support your statement?
[...] 15th, 2007 by tekel As promised last week, here it is, the map of which US states have adopted the Castle Doctrine so [...]
I am glad I live in a state that says I can defend my home. There have been hundreds of home invasions here where the criminals have murdered the people owning the home. The victims are mostly the elderly and the very young. In cases where it is known that the resident had a weapon the home invasions have not occured. Most criminals are cowardly and have callous disregard for life. This should be the law in every state. Who really grows up and wants to be a victim of crime?
I can’t argue with that. There are lots of folks who think that guns are just inherently bad; I’m not one of those people. And I’m 98% willing to agree that if someone breaks into your home while you are there, the presumption should be that they intend to do great bodily harm to you. An armed home-invasion robbery in Houston is not at all the same thing as some starving hiker breaking into a hunting cabin in Alaska.
At the same time, I don’t think people should go out of their way to shoot each other.
There is a short story, which I think is by Harlan Ellison, about what happens in a small town once normal citizens get fed up with street crime and start openly carrying handguns, in violation of all the “concealed carry permit” laws. All the crooks get perforated, all social interactions between strangers become polite and courteous, and everyone lives happily ever after.
Yeah, it’s fiction, but it’s very persuasive fiction. And I can’t think of any reason why the castle doctrine should not serve as a deterrant to would-be home-invaders.
[...] a "southern thing" as some here are trying to portray. MANY states are adopting it. The Castle Doctrine: A State-by-State Summary tekel CASTLE DOCTRINE AND SELF-DEFENSE __________________ GO COLTS!!! If you don’t like what I have to [...]
A question to all you great folks out there-
Why is it so hard to see that the mere presence of a firearm can deter crime ?? In my 45 years, I just can’t understand why someone would try to stop a person from defending him/her self, or a family member,or another innocent human being from a crimminal attack. Someone please cure my stupidity and explain this to me. I live in south western PA, and have had the “privelige” to have a protection permit since I was 21 years old. That’s right. A privelige. What does this mean- It means that I have NO criminal background, I have NO mental health back ground, and I’m a resposible law abiding citizen. If someone showed me a valid protection permit as a form of ID, I would consider this better than a drivers license. In PA a protection pemit is as-good-as a drivers license for ID. Any asshole politician who is against the castle doctrine will not get my vote! ever ! I’ll be damned if I would vote for any one who wants to take away our basic rights of defending ourselves! It’s too bad that real bad things need to happen to someone, or to a loved one BEFORE this can be understood. I guess that’s why we are a “re-act”society instead of an act society.
Happy holidays to anyone who reads this! Marc, Latrobe PA
GO STEELERS and GLOCK- PERFECTION
Hey Marc, thanks for the comment.
The word ‘privilege,’ which you emphasize in your comment, means “private law.” And I agree that it is a sad state of affairs when the public law of our state and city governments puts the well-being of violent criminals ahead of the security interests of private citizens. But I think it’s a step forward for our state governments to recognize that private law should protect people who are acting to defend themselves and their families in their own homes.
If you shoot someone on the street in cold blood, of course that’s wrong. But if someone breaks into your house at night, and you happen to kill him… too fucking bad for him. He should have picked a different house– or even better, he should have decided that robbing people was a shitty career move and tried something else instead.
There is a certain amount of truth to the idea that if guns are outlawed, only outlaws will have guns… and there is a certain persuasive power to the converse idea that if everyone carried a gun at all times, there would be fewer successful armed robberies (because the would-be victim would simply shoot the criminal).
I think that more Americans would be pro-gun if more of us realized that the police, in general, have no duty or legal responsibility to protect us from harm before it happens, and that law enforcement is empowered only to respond to crime after the damage has been done.
Obviously, we’ve been CALIFORNICATED in my current state of residence.
Happy new year everyone,
I hope there will be some movement with the Castle Doctrine this year in the states that have not yet adopted it, or at least some variation of it . Unfortunately, PA is still on the fence. No doubt thanks to our mindless anti-american politicians in Harrisburgh.
I renewed my carry permit last friday at the Westmoreland Co. Courthouse. They put in an express lane at the Sherrifs office. Nice to see more folks arming themselves around here. $25.00 for five years(photo license) or, you can renew by mail and get a paper one for $16.00. What a bargain! The state of PA increased the price a little because of the State Police needing more people to do background checks. I was reading on the NRA web site about state-by-state recipricosity laws. It always amazed me that when you renew a carry permit, or buy a fire arm, part of the backgroung check is the NCIC (national crime information check) system. Why then can’t we carry in ALL states? It’s a hassle here in PA because with the exeption of WVA, we’re surrounded by anti-american, anti-gun states.
There is a radio talk show based in Pitts. PA “Quinn&Rose Americas Morning Show”. Just before this past Christmas a woman called in to tell her horror story of a man who kicked down her front door during day light hours. This woman “WAS” a gun hater, even though her husband kept a semi-auto in the house. If you go to warroom .com and click on gun news you can hear the her phone call to the radio station telling her story. Just goes to prove my statement from my last post above. Bad things need to happen to people first, before they realize the worth of having a fire arm on hand. In this case it saved her life, and her childrens life.
Best wishes everyone, marc
Wow! Do you people have any idea that people are being killed and castle docrtine is being used to save them from jail!! Tell me or any other mother who lays waiting to see it the jerk claiming “I was scared” when they killed me mentally incapacitated son with an IQ of just 1 point over mental retardation whom they got into an argument with and then shot to death. You have the right to defend yourself against intruders but do you really have the right to invite people into your home and then get into a drunken arguement and claim castle doctrine. Women take action you may not shoot your husband when he comes home late and drunk rattling the door to get in. This county has become a sick place. My husband was a US Marine and never did he ever say he would like to shoot one more person infact he felt he would have rather died than suffer what he did after police action.
WOW is right – I’m wowed that you don’t really seem to understand the Castle Doctrine. Mama, this is not about killing people and avoiding jail – this is about protecting yourself and your family with a firearm. If someone breaks into your house and has a ball bat, a crow bar, a knife or even a gun of their own, just what are you going to do – reason with them? Beg for your life? Pray to your God that they don’t kill you and your children? Not me – I’m going to fight back, and it will be him or me – I will die to defend my family. I applaud Marc, who has the sense to know his concealed carry permit is a privlidge we earn by passing background checks – we have to prove we are responsible citizens. I am an Ohioian in my late 40’s with a concealed carry permit, and I challenge anyone to find a single instance of a CCW holder who used his weapon in the commission of a crime. Wake up Mama, a firearm does not make good people bad. It’s a tool, just like a hammer, that good people or bad people can use. I don’t want to shoot anyone, and I sincerely hope I never have to draw my gun in defense. I salute your marine husband, who obviously has the proper respect for the sactity of life, but none the less he took a vow to protect my second amendment right to own a gun. God bless him.
[...] Indiana has the Castle Doctrine: If you can get past the train metaphor (which is hard because they really do their best to beat it to death), this year-old article from the NRA has a good summary of which states enacted laws that eliminate the duty to reasonably retreat from an intruder in your home. As of October 2006,Castle Doctrine [was] the law in Alabama, Arizona, [Florida,] Georgia, Idaho, Indiana, Kentucky, Mississippi and South Dakota. I note that contrary to my naive political expectations, California, Michigan, Oregon, and Texas are all suspiciously absent from that list. But not to fear! In the past year, eleven more states have adopted some version of the Castle Doctrine as law:[As of October 4 2007], the Castle Doctrine has become law in Florida, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Tennessee, Kentucky, Indiana, Michigan, North and South Dakota, Kansas, Oklahoma, Texas, Arizona, Alaska, Idaho, Missouri and Maine. . . . By far, the popular concept in those states has been the stand your ground approach that permits a homeowner to fire upon invaders at first sight. Found it here: The Castle Doctrine: A State-by-State Summary tekel [...]
Check out gun laws in my former home state of Kentucky. strap it on and go. Believe me that people act differently and more civil when they see the hogleg on the belt. Now, here in Texas, if you dont have a concealed carry you are subject to just be victimized any day any time. The amount of criminal aliens here is stunning, all drunk or high and looking for any opportunity. Some of the americans are just as bad. The deal at my home is simple, if someone tries to get in, it will be one of us going to the morgue….Try to car jack me, same thing. try to rob me, same thing. the rule of thumb when it comes to criminals should be “dont stop shooting until you run out of bullets.” Consider the amout of middle easterners, south american criminals and all the others that have gotten into this country. What happens when that sizeable army decides to take it to the citizens of America? When I get elected as governor of Texas ????????? The castle doctrine should be just the first step.
California has a form of the castle doctrine law. It has limited scope, but there is no “duty to retreat” inside your own home in California.
“A person may defend his or her home against anyone who attempts to enter in a violent manner
intending violence to any person in the home. The amount of force that may be used in resisting such
entry is limited to that which would appear necessary to a reasonable person in the same or similar
circumstances to resist the violent entry. One is not bound to retreat, even though a retreat might
safely be made. One may resist force with force, increasing it in proportion to the intruder’s
persistence and violence, if the circumstances apparent to the occupant would cause a reasonable
person in the same or similar situation to fear for his or her safety.”
http://ag.ca.gov/firearms/regs/
BTW the wording above should help dispel the fears of the overly-emotional commenters who think that the Castle Doctrine legalizes shooting your neighbor over a garbage can dispute. It doesn’t.
All it does is allow someone who is UNDER IMMEDIATE THREAT, and is not doing anything illegal him/herself, to defend him/herself without going to jail.
How is that a terrible thing? Should people go to jail for not allowing themselves or family members to be killed or raped?
This post is probably due for an update… I won’t have time until after finals, but I’m pleased to see that folks are still leaving comments. Thanks for your interest and I’ll see if I can’t find current information soon.
I for one would be interested in seeing an update if you find the time. I’m a California resident for the time being, but I maintain a steady list of states to seek refuge if life here becomes too unbearable. There are many qualifications for a location to get on that list, but among them are shall-issue CCW and a strong Castle Doctrine. The NRA-ILA provides a good state by state ranking of gun laws but doesn’t seem to specifically address Castle Doctrine that I can tell. Thanks for what you’ve done so far, I’ll keep this bookmarked and check back for updates periodically.
I have not been able to find anything about the Castle Doc. dealing with the state of Nevada . Does anyone know? I am prepared to protect my self, home and family but what is the law? uninformed
Hey all, update is posted here. Comments are now closed on this particular post, because it’s over 15 months old- if you have something you want to say, go do it on the one that has current information.
[...] for the death threats? California has adopted a mild form of the Castle Doctrine. On August 28, 2008, Missouri adopted the [...]