The topic of home defense and the extent of force a homeowner is allowed to use depends on the state one resides in as well as the state’s laws on home defense. In many states, like the state of New Jersey, there is what is known as, “Duty to Retreat” laws. These states are predominantly located in the north and do not allow the homeowner to take much action against an intruder. The “Duty to Retreat” is a duty of which citizens of a particular state are required by law to first look for a path of retreat before confronting the intruder. If the path of retreat does not present itself, the home owner can then take action. This “action” however, does not allow the homeowner to forcibly engage with the intruder. The intruder must first show signs of aggression towards the homeowner or their family. In the event that the intruder does show signs of aggression, the homeowner is only allowed to counter with equal force. For example, if the intruder only has their hands to fight the homeowner, the homeowner cannot draw a firearm and discharge at the intruder. This is the mentality of many states across the nation when it comes to defending one’s self or personal property. However, the other half of the states in the United States employ different tactics, which allow the homeowner to stand their ground against an intruder. These states are predominantly located in the south, with the exception of three northern states: Alaska, New Hampshire and Pennsylvania. Within these states, a
Studies have demonstrated, repeatedly, that homes with a firearm are no safer than those without guns. In fact, the sight of a gun during an intrusion is cause for action, deterring thought, which could make all the difference between life and unnecessary death. Besides which, most gun murders at home aren 't perpetrated by an intruder, but rather by a family member or an acquaintance.
* Guns kept in the home were 22 times more likely to be used in unintentional shootings, murder or assault, and suicide attempts than in an act of self-defense.
Though each state that has enacted this law has its own interpretations and specifications, the Stand Your Ground Law generally permits the use of deadly force when a person feels a threat of death, serious bodily harm, rape, kidnapping, and robbery in most states, even if there is an option of retreat. The current Stand Your Ground Law, passed by legislation in 2005, applies to public settings; the Castle Doctrine is basically a Stand Your Ground Law that applies to the defense of oneself in a private abode or home. States currently enacting this law include Florida, Alabama, Michigan, Indiana, Nevada, Utah, and 17 others. Stand your ground law provides legal protection for protecting oneself and property at all costs and prevents civil lawsuits.
It is not very likely of being attacked when someone armed. Criminal's fear armed citizens. Victims who used guns for protection were less likely either to be attacked or injured than victims who responded in any other way (Long 112). According to the U.S. Justice Department victimization studies, a citizen that uses arms stands not only a greater chance of avoiding injury than his or her unarmed counter part, but also increases his or her odds of failing the criminal assault (Long 104). The police force went on strike in Albuquerque, New Mexico. During this time the crime rate decreased because frightened citizens armed themselves and protected their homes and businesses (Media Watch). Criminals did not want to face indignant citizens protecting their own property with the same force the criminals used to steal it.
This case made people think about reasoning for entering one’s home. There were certain “guidelines” drawn up such as murder in self-defense and the allowance of a Sheriff to enter if the door is already open).
In this article written by Glenn Kessler, the author talks about the best weapon for self-defense. Information is given about the differences between assault rifles, (AR-15 AK-47’s) and shot guns; and which would be better in a home invasion. Joe Biden encourages people to use a shotgun if they feel threatened in any way. He states “If you want to protect yourself, get a double-barrel shotgun. Have the shells for a 12-gauge shotgun, and I promise you as I told my wife, we live in an area that’s wooded and somewhat secluded. I said, Jill if there’s ever problem, just walk out on the balcony here, walk out, put that double-barrel shotgun and fire two blasts outside the house. I promise you whoever’s coming in is not going. You don’t need
We need guns for safety of our families at home or on the street and to protect our personal property we have worked hard for. From my own experience, my neighbor pulled a loaded gun on a intruder and didn't even need to shoot for the intruder to obey. Nobody was harmed and nobody was killed; the intruder just left. Moreover, there are dangerous animals at least in California that I know of roaming wild even on residential streets. For example my Dad’s friend had a Mountain lion attack his pigs and he had to grab his shotgun to protect his livestock and when he went outside the Mountain lion charged at him and he had to shoot the Dangerous Mountain lion. Events similar to this are very common for Americans living in country and rural areas, that need to protect themselves and their livestock. Self defense is most respected and better for the community then being a victim. It is up to you for the safety of yourself and your loved ones.
To begin, what is the “Stand Your Ground Law”? Well many states such as: Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia have stand your ground laws which state that individuals do not have to retreat before using force in a self- defense situation or many states have laws that are remarkably similar to stand your ground laws. Stand Your Ground laws started in 2005 when Florida was the first state that passed the stand your ground law which basically allowed individuals to stand their ground instead of fleeing or retreating if they believed
Generally deadly force is only allowed when defending one’s home or against a life threating crime the defendant must use force immediately or in “hot pursuit.” Under common law a person can only use non-deadly force to recover personal property immediately after taken, as deadly force may not be used only to protect
According to Criminal Law and Procedure on page 690, The Stand Your Ground Law states that a person may use deadly force to repel an attack without first retreating. The Castle Doctrine provides the answer to the “if” and “or” situations. The Castle Doctrine states a person is protected under the law to use deadly force for self defence when the threat is invading the home or the property. U.S News states that a violent or physical altercation would be a heated, angry dispute, a noisy argument or controversy between two parties.
Alabama is a stand your ground state. So in Alabama if someone goes in your house and tries to steal something you can shoot to kill. Having said that this matters because if someone walks in your house you can shoot them and nothing will happen to you like go to jail. A couple of years back in Alabama in the city of Moody there were two fourteen year olds and one fifteenth year old and they decided they were going to go in this old man's house and try to steal something and what they did not know that the old man slept in the living room so the 15 year old walked in first and the old man got up and shot the 15 year old in the chest and he died and the old man did not go to jail. My opinion on this topic is that if someone is assaulting or
A victim's deliberate use of deadly force is a just response to repeated domestic violence.
At the same time, weapons can protect from crime. Police are equipped with guns. The military uses rifles and explosives to “secure the blessings of liberty.” And yes, weapons can be used to defend one’s self in their own home. The castle doctrine, more commonly known as the “Make My Day” law, states that if someone is attacked on their property, they may use deadly force to defend themselves. There was a road rage case in Florida where castle doctrine was used. A couple was driving and got into a minor car accident. The passengers of the other vehicle started to beat the woman’s boyfriend, and she stabbed them both in self-defense. Some witnesses declared that if the woman had not acted, her boyfriend would have been killed.
2. It protects families and their property from intruders. You cannot defend your loved ones from an armed intruder if you are unarmed. Guns are used as self-defense and are needed whenever the police fail to provide the services of protection to the general public.
Although, when people think of self defense they tend to think that means killing someone if they were to break into their home, but the castle doctrine specifies that, a person may not use deadly force upon another person unless: he or she reasonably believes that such deadly force is necessary to protect himself or herself or another against death, serious physical injury, rape, sodomy or kidnapping or serious physical injury through robbery, burglary or arson or any forcible felony (Senate). You may use excessive force if a person who illegally enters, remains after illegally entering, or attempts to illegally enter a dwelling, residence, or vehicle legally occupied by such person. A resident does not have to retreat from his or her home or vehicle when a burglar is breaking and entering.