Research question: Does your state have a Castle Doctrine law?

[Recluse]

Project I'm working on has me looking at some factors having to do with crime, population and legislation.

So what I'm wanting to know is:

• Does your state have a Castle Doctrine law or legislation on the books?

• If not, is it because the laws are such that it is not necessary?

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?

Much thanks in advance.

:coffee:

[spqrzilla]

Colorado
Yes, a very strong castle doctrine law that also relates to private civil suit as well as criminal charges.

Shall issue carry license.

[fishhawk]

no to all 3 of your questions here in wis.

[mike in co]

Colorado
Yes, a very strong castle doctrine law that also relates to private civil suit as well as criminal charges.

Shall issue carry license.

except the "shall issue" state law can be/is overridden by cities/counties but "home rule" which predates the shall issue....denver is the biggest "violator of the intent of the population to shall issue.

[Moonie]

1. Yes and no. You can shoot an intruder to prevent them from entering your house if they are attempting to break in. Once they are inside your home you may not shoot them unless you are under threat, if they are just taking your stuff you cannot shoot them.

2. n/a

3. Yes, we are a Shall Issue state. Unless there is a reason you cannot have one they must issue within 90 days of application, it does require a training course before you can apply.

[Jim]

Project I'm working on has me looking at some factors having to do with crime, population and legislation.

So what I'm wanting to know is:

• Does your state have a Castle Doctrine law or legislation on the books?
NO

• If not, is it because the laws are such that it is not necessary?
That is correct.

• Does your state have a CHL license?
Yes.

If so, how hard/easy it is to obtain one?
"Shall issue" and can get one with nothing more than a Hunter Safety Education course diploma.

Much thanks in advance.

:coffee:

State is Va. If it matters, Va. is an "Open Carry" state.

[RugerFan]

no to all 3 of your questions here in wis.

You think that will change any with Republiucans taking over the state?

Georgia
Castle doctrine: Yes

Concealed carry: Yes and this is easily obtained

...

[Muddy Creek Sam]

Here in SC we do, Also a shall issue state, 8 hour course and prove you can shoot to get CHL.

Sam :D

[Trey45]

• Does your state have a Castle Doctrine law or legislation on the books?
Yes, NC, and it in fact does protect you if you shoot someone in your house, regardless of whether you are under attack or not. In NC, you are not required to retreat while on or in your own property, and in certain circumstances off your property.

• If not, is it because the laws are such that it is not necessary?
N/A

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?
Yes, Mine cost me a little over $200 total, and took less than 35 days total to get.
Take an 8 hour class, qualify on the pistol range, go to sheriffs office and do paperwork, get fingerprinted, then wait for the phone call to come pick up your CCW.

In North Carolina, we are required to visit the Sheriffs office and ask permission to buy a handgun, pay a tax to get a purchase permit, then go buy your handgun, there is NO state legislature that says how many per year the sherrif has to issue, just that they MUST issue if you are legally allowed to buy a handgun. Our sheriff where I live issues 2 permits per person, per year. That's right, 2 per person per year. The way around this is to get a CCW, then you no longer have to ask the sheriffs permission to excercise your 2nd amendment right. Until someone introduces state legislation, the law will remain the way it is, where each sheriff can arbitrarily determine how many permits a person can have per year. I have heard of some county sheriffs that only allow one per year, while others allow all you want. There is NO statewide standard.

[wills]

The NRA could probably provide that information in convenient form, for all the states

[jameslovesjammie]

North Dakota:

1. Yes.

"The “Castle Doctrine” bill passed both chambers with strong bipartisan support. It passed the Senate on March 23 by a 44-2 margin, and in the House on April by a margin of 80-13. The legislation states that if a criminal breaks into your occupied home, your vehicle or your place of business, you may use any manner of force against that person and do not have a “duty to retreat” if threatened with great bodily harm or death. The bill also provides protection for persons using force authorized by law from liability for injuring their criminal attackers."

3. Shall issue by State.

We have 2 different classes of CCW. The Class 2 permit only needs completion of an open book test; while the Class 1 is classroom instruction, an open book test, and a proficiency test. The sole reason for the Class 1 is reciprocity with 10 more states than the Class 2.

[exile]

Nebraska.

No, and it makes me mad. Gov. Heineman has promised to sign one into law as soon as it passes his desk.

So, in Nebraska, if someone breaks into my home, I have to retreat as far as possible while risking being shot in the back by an intruder. Makes a lot of sense doesn't it.

exile

[winelover]

The NRA could probably provide that information in convenient form, for all the states

The "Travelers Guide to the Firearm Laws of the Fifty States" by J. Scott Kappas, Esq. has all that info and more. You can purchase a copy at the NRA Store or go to www.gunlawguide.com

Winelover

[spqrzilla]

except the "shall issue" state law can be/is overridden by cities/counties but "home rule" which predates the shall issue....denver is the biggest "violator of the intent of the population to shall issue.

Since the decision by Judge Meyers in '04, Denver has acknowledged it is subject to state law in issuing permits and does so in conformance with law. It is the area of the city's assault weapon "ban" and open carry regulations that Denver contradicts state law.

[Blammer]

Our sherrif in NC, will issue you two permits for the same cost.

No limit on the number you can come and get though out the year.

[AZ-Stew]

Arizona:

Castle: I believe so. Not sure.

CCW: Yes and no. The permit is "shall issue", but as of last summer, it's no longer required. Open or concealed carry may be done with no permit. You may conceal any weapon (knife, etc.), not just a handgun, and it is not limited to a particular serial number, as is the case in many states. If you legally own it, you may carry it.

Regards,

Stew

[Harter66]

I'll admit it I had to look it up .Nv has no castle law as such,but has protections for protection of home and properties . We have a CCW program that makes it fairly simple to get and keep the permit $90 and about 6 hrs and shooting qualification I believe,we're also open carry except Vegas,and we're allowed to carry concealed in the hunting fields w/o a permit.

[thxmrgarand]

Alaska has a version of the so-called castle law. Alaska offers concealed carry permits upon payment of a fee to people who take the necessary course and satisfy the background check. However, anyone who can legally carry a firearm in Alaska (basically anyone who is not a felon as I understand it - need not be a resident nor an American citizen) can carry a concealed firearm without a permit. Therefore the permit only has the practical value of being useful for travel to those states that recognize the Alaska permit. The State of Alaska maintains list of those states. Concealed carry is prohibited in some federal and municipal buildings, and it is prohibited in the state capitol building and in state courthouses. It's my recollection that concealed carry is allowed in bars so long as the bar serves food (all do, I think), but the person carrying the firearm cannot consume alcohol. Last year Alaska enacted a law as Montana did that challenges the authority of the federal government to regulate manufacture and use of firearms and ammunition that originate and stay within Alaska borders. Alaska is arguably the friendliest state for firearms owners but across our immediate borders are Canada and Russia.

[BD]

As Sam pointed out, SC is a shall issue state, and does have a "castle doctrine" law. There are also some interesting older laws still on the books. Anyone legally able to own a handgun is permitted to carry it loaded in their vehicle, no permit required. Also, SC law extends the limit of your domicile to include any fenced portion of your land containing your house, and has a specific provision allowing you to defend yourself if attacked in your "clubroom", (written at a time when outhouses were more common).

Hunting with suppressed weapons is also allowed.

BD

[Catshooter]

Florida.

Shall issue (the second state to do so).

Full castle law! Yea!

Also has state preemption.

Pretty good overall.


Cat

[41magfan]

I don't think pennsylvania has castle law yet, penna is a shall issue state. Open carry is legal but you need a carry permit to carry loaded in a car. Easy and cheap. 25.00 for 5 years

[Ajax]

Pennsylvania does have a castle doctrine, but it only covers us in our homes. vehicles and place of work. We are trying to expand it to cover us anywhere we are legally allowed to be and carry. Almost had it done this year but Rendell vetoed it at the 9th hour. We will get it passed this year. We do have a license to carry a firearm (LTCF) it is $25 years. It took me 4 days to get with no training required. If anyone from PA is wanting to help get the legislation passed on castle doctrine you can find our grass roots movement here http://forum.pafoa.org/pennsylvania-10/119851-castle-doctrine-2011-12-session-activist-effort-please-help.html


Andy

[Rocky Raab]

Utah has the castle law. We are also a shall issue state, and our CCW is reciprocal with about 35 states. Even a non-resident can obtain a Utah CCW.

[scb]

NY, yes but it's a little different. Your home is their castle.

[Charley]

Texas CHL is a shall issue, and fairly easy to obtain.

No "castle law" as such, but a "No duty to retreat law". If you are somewhere legally, you have no duty to retreat, and may use deadly force to protect yourself.

[Houndog]

Project I'm working on has me looking at some factors having to do with crime, population and legislation.

So what I'm wanting to know is:

• Does your state have a Castle Doctrine law or legislation on the books?

Tennessee has a VERY strong castle doctrine law and a law thet prevents civil court suits if a shooting is ruled justified

• If not, is it because the laws are such that it is not necessary?

I don't think there's anywhere in this country that NOT being able to defend yourself can be justified.

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?

Tennessee is a shall issue state and anyone that's hasn't comitted a felony or judged to be mentally deficent can obtain one with 8 hours schooling, an EASY proficiency test, and the application fee.
Much thanks in advance.

:coffee:

The absolute worst cities in Tennessee for violent crime are Memphis, Nashville and Chattanooga. The things they have in common are large minority populations and local restrictive gun laws. The gun restrictions are just about gone, thanks to a conservitive state legislature overriding most of them, and their violent crime rates are falling!

[firefly1957]

I am in Michigan and all the below was signed by our former Canadian Governor but our law makers have been overall very progun lately

• Does your state have a Castle Doctrine law or legislation on the books? Yes and we do not have to withdraw from any place we have a legal right to be. Also a criminal can not sue if he is injured during illegal act and if someone is prosecuted in the aftermath of a shooting legal expenses must be repaid upon being found innocent. Note that the fear of death or great bodily injury is still required to warrant shooting someone.

• If not, is it because the laws are such that it is not necessary? Before reform any self defense shooting could end a person in jail.

• Does your state have a CHL license? If so, how hard/easy it is to obtain one? 8 hour NRA course is required and I think it is $125 for the 5 year licence?

[c3d4b2]

I think this website may help you with some of the information on
Does your state have a CHL license? If so, how hard/easy it is to obtain one?

If you dig around a bit there is some info on your other questions as well.

http://www.handgunlaw.us/

[Moonie]

• Does your state have a Castle Doctrine law or legislation on the books?
Yes, NC, and it in fact does protect you if you shoot someone in your house, regardless of whether you are under attack or not. In NC, you are not required to retreat while on or in your own property, and in certain circumstances off your property.

• If not, is it because the laws are such that it is not necessary?
N/A

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?
Yes, Mine cost me a little over $200 total, and took less than 35 days total to get.
Take an 8 hour class, qualify on the pistol range, go to sheriffs office and do paperwork, get fingerprinted, then wait for the phone call to come pick up your CCW.

In North Carolina, we are required to visit the Sheriffs office and ask permission to buy a handgun, pay a tax to get a purchase permit, then go buy your handgun, there is NO state legislature that says how many per year the sherrif has to issue, just that they MUST issue if you are legally allowed to buy a handgun. Our sheriff where I live issues 2 permits per person, per year. That's right, 2 per person per year. The way around this is to get a CCW, then you no longer have to ask the sheriffs permission to excercise your 2nd amendment right. Until someone introduces state legislation, the law will remain the way it is, where each sheriff can arbitrarily determine how many permits a person can have per year. I have heard of some county sheriffs that only allow one per year, while others allow all you want. There is NO statewide standard.

Close:

§ 14‑51.1. Use of deadly physical force against an intruder.

(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

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

(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)

[DIRT Farmer]

Indiana, shall issue, 100.00 lifetime, no class required.
Castle Doctrine, yes
Now if we can get Federal CC.

[Trey45]

Moonie, yup, I did some more reading and found what you posted too. The only thing missing is protection from civil liability. I took the CCW instructors words on faith that he was correct when he told his class we had a castle doctrine, this shows me we do not have a castle doctrine, but we do have a pretty straight forward statute. All it needs is something added to protect the homeowner from civil liability. And the pistol permit issue needs to be addressed as well.

[Moonie]

Trey45, good news is with our new republican controlled state government (except the Governor) they are supposed to be working on Castle doctrine and civil liability, hopefully the pistol permit issue will be looked at as well, a throwback to Jim Crow.

[geargnasher]

DF, you bring up a really sad point. We have Federal Concealed Carry, Open Carry, Carry any way you want at long as you don't threaten anybody with it, it's in the Constitution, the part about "right of the people to keep and bear arms". Too bad someone, somewhere in time set the precedent for the right of the states to further regulate that right. If the freedoms of speech and due process were violated by the states to the extent that the second amendment has been we would truly be living in a totalitarian nightmare.

Recluse, I think you probably know about Texas.

Gear

[Johnch]

So what I'm wanting to know is:

• Does your state have a Castle Doctrine law or legislation on the books?

Yes Ohio now has it

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?

Not hard , more a PITA
10 hrs classroom ( I was so bored ) , 2 hrs range time
Then go to the Sherif station , pay a fee , give my thumb print and pass the backround check



:coffee:

Hope this helps

John

[ReloaderFred]

Oregon is a Shall Issue state. Open carry is allowed, but not common, since just about everyone has a Concealed Handgun License (CHL). There is a statute that provides for the use of Deadly force in the protection of person and property (ORS 161.225), so no Castle Doctrine per se, but it's really not needed.

An interesting section of the law is ORS 166.260, Carrying of Concealed Weapons. It states that ANY retired Peace Officer may carry concealed, and doesn't specify where the officer retired from. My local DA says it applies to ALL retired Peace Officers, no matter what state they retired from.

Hope this helps.

Fred

[Rick N Bama]

1. Yes & we no longer have to retreat, or at least that's my take on it.

2. N/A

3. Alabama is a "May Issue" state. The cost varies from county to county. In my county the cost is $15.00 per year & may be re-newed by mail. The initial license here takes about a week after the application is submitted for the Sheriff & his Chief Deputy actually meet & go over the applications.

Rick

[MakeMineA10mm]

Well let's see how bad Illinois ranks...

1) No castle doctrine

2) Other law partially covers. In Illinois you only have the right to shoot at someone if you are "in fear of death or great bodily harm" regardless of where you are at (including home). It is entirely within the perception of the person being confronted. If there's witnesses or video tape they better corroborate the story/viewpoint that you were in fear of death or great bodily harm for every shot you fired... This includes in one's home. Now, depending on the prosecutor, his/her political views, and where you live (because places like Cook County are so anti-gun in attitude and local codes), you may still find yourself arrested and prosecuted, sometimes for a lessor offense, such as possessing a banned weapon (in those places where they are banned, like Chicago). Our most recent castle-like shooting was a situation in a smaller town where a drunk guy came home to the wrong house, and when his key wouldn't fit in the door, he walked around back and threw some child's toy through the slider in the back. Homeowner got up, ordered the intruder out (didn't know him or why he was there), and the intruder, being too drunk to notice he was in the wrong house got aggressive thinking the homeowner was an intruder in HIS house. The homeowner shot and killed him. No prosecution; declared justified by State's Attorney in that county. (Again, we're much more rural and quite aways south of Chicago, where things are a little more common-sense.) My understanding (I'm not a lawyer) is that there is common law self-defense rights, and Illinois basically leaves things pretty loose under the thought that legislators can't foresee every combination, and leave it up to the county state's attorney to decide what's worth prosecuting on a case-by-case basis.

3) Illinois is one of only two states (the other being WI) that has NO form of concealed carry. Only people who can carry concealed in Illinois are law enforcement and private detectives. Standards for shooting someone, even in one of those two classes are the same as above... Must be in fear of death or great bodily harm, BUT, in the case of LEOs (not sure about prvt. eyes) you can use deadly force to protect another person from death or GBH. Not only does IL not have CCW, we also have the Firearms Owners ID card (FOID). Basically, Illinois decided back in the 60s or early 70s that instead of registering guns, they'd register people. If you don't have a FOID card, you can't own, purchase or even be in possession of a firearm or ammunition. There are a few exceptions, such as out-of-state hunters, but there's red tape with that too.




An interesting section of the law is ORS 166.260, Carrying of Concealed Weapons. It states that ANY retired Peace Officer may carry concealed, and doesn't specify where the officer retired from. My local DA says it applies to ALL retired Peace Officers, no matter what state they retired from.

Fred

Hey Fred. Looks like Oregon just codified something that is a federal law, which also pre-empts all state and local laws. This law has been in effect for almost 10 years now, and passed after 9-11. (It was around before 9-11, but couldn't get enough votes to pass...)

[firefly1957]

Recluse now it is time to start the real research check each states laws to see how many of us are correct.

[ReloaderFred]

MakeMineA10mm,

"Hey Fred. Looks like Oregon just codified something that is a federal law, which also pre-empts all state and local laws. This law has been in effect for almost 10 years now, and passed after 9-11. (It was around before 9-11, but couldn't get enough votes to pass...)
"

Oregon adopted their statute in 1977, way ahead of HR-218, the Federal Law you reference. HR-218 was passed in 2007, and we've been conducting the annual qualifications required under the law since December, 2007. I've got about 130+ retired officers that come to our quarterly qualifications. Some drive for 3+ hours to get here, since not many places are willing to do it. Most of them retired from out of state agencies, and it's not practical to drive back to where they came from to qualify every year.

Hope this helps.

Fred

[MtGun44]

Yes, we passed it in KS. We also have a law precluding a lawsuit in any self defense
shooting that is ruled legitimate.

Bill

[MakeMineA10mm]

MakeMineA10mm,

"Hey Fred. Looks like Oregon just codified something that is a federal law, which also pre-empts all state and local laws. This law has been in effect for almost 10 years now, and passed after 9-11. (It was around before 9-11, but couldn't get enough votes to pass...)
"

Oregon adopted their statute in 1977, way ahead of HR-218, the Federal Law you reference. HR-218 was passed in 2007, and we've been conducting the annual qualifications required under the law since December, 2007. I've got about 130+ retired officers that come to our quarterly qualifications. Some drive for 3+ hours to get here, since not many places are willing to do it. Most of them retired from out of state agencies, and it's not practical to drive back to where they came from to qualify every year.

Hope this helps.

Fred

Wow, a state AHEAD of the curve. I'm just not used to that, having lived in my backwardsville so long... :groner: Can't wait to retire and move to a smarter place...

[ReloaderFred]

When I retired, I moved the same day, from a state almost as bad as yours. It's south of us here, and I only go back when forced to...........

Fred

[MtGun44]

There seems to be some confusion on what 'castle doctrine' really means as a modern
law term.

For those that are not clear, the term 'castle doctrine' means to extend the doctrine
that a man's home is his castle to anywhere that he may legally be, and says that you
have no requirement to retreat in the face of a threat, but can stand your ground and
defend yourself anywhere you may legally be in public. Sometimes called "stand your
ground" laws, but this is not as politically correct to say in the news media, so the
term 'castle doctrine' was coined.

Many states have or had a requirement to retreat, EVEN INSIDE YOUR OWN HOME, before
you could use force in self defense. Many were much worse in public locations, so the
CCW community knew it needed to change so that we could defend ourselves in public spaces.

Bill

[spqrzilla]

MtGun44, I would disagree. Most people use the term "Castle doctrine" to describe statutes that remove the common law duty to retreat within the home. Not outside the home. The term is often also used to describe statutes that reduce the burden of proof to homeowners who use deadly force against intruders.

[MtGun44]

Check again. Maybe in some state it was used that way, but the general movement
across the country in the last 5 yrs or so where the term was coined was for outside
the home self defense.

I agree that in the home was the original meaning, but the gun rights 'shorthand'
has generally been for CCW users. Definitely unclear, perhaps intended to be since
sound bites on TV often carry great weight - unfortunately.

Stand your ground would be much clearer, perhaps not as popular on the TV.

Bill

[spqrzilla]

The term was coined long ago for removing the common law requirement to retreat within the home. That others later added the stand your ground concepts to such legislative proposals just confuses people.

[SCGunGuy]

SC: Yes to Castle Doctrine. Just passed a couple or three years ago. Does not include defense of property. Does include an automobile, place of business and home. No duty to retreat in place of business unless force is being used against another worker/owner of business (I think).

Open carry is barred in most situations, and do have a concealed permit program. The state law enforcement division (SLED) is in charge of issuing. Technically we are "shall issue", but SLED has a lot of discretion--the law says the applicant must receive a "favorable background check." SLED interprets that however it wants. It used to be that more than 3 or 4 speeding tickets in 5 years would be "unfavorable." It's modified that some, but the agency still has a lot of discretion. I'd call our state a "discretionary shall issue."

[Gary Carter]

Project I'm working on has me looking at some factors having to do with crime, population and legislation.

So what I'm wanting to know is:

• Does your state have a Castle Doctrine law or legislation on the books?
Iowa does not at this time.

• If not, is it because the laws are such that it is not necessary?
We have not got it passed yet, we are still required to retreat before using deadly force.

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?
As of January 1 Iowa is now a shall issue state, prior to that it was up to the local sherrif, so we had 99 different jurisdictions with different requirements.

Much thanks in advance.

:coffee:

[biscot]

An interesting article in Wikipedia:

http://en.wikipedia.org/wiki/Castle_doctrine

[Down South]

Louisiana:
1. Yes
3. Yes, Shall issue: takes about 30 days after a two day class, one day classroom the second day qualify on the range. Some classes are one day with both classroom and range.

[DollarBill]

• Does your state have a Castle Doctrine law or legislation on the books?
Yes Missouri has the Castle Doctrine law here. And, you have that right wherever you have the legal right to be.

• Does your state have a CHL license? If so, how hard/easy it is to obtain one?
Missouri has a shall issue CCW permit and after you take a NRA approved course and show proficiency 17 out of 20 at 7 yards, then a fingerprint and a Hiway Patrol background check and you are good to go. Renewable every three years. $50 here in Pulaski county.

I was the 7yth in the county to get mine. Others got up before me or I woulda been first. In 2003 they finally passed it, although the anti's stalled it with some bogus claim about funding and all of that legal semantic BS. The Supreme court of Mo. said nope its legal and now you can carry. I got my permit in 10 days, the oldest son in 4 days.

Our sheriff is CCW friendly as are the ladies that actually do all of the paperwork. We also recently got rid of the Permit to purchase a handgun law that was on the books too.

Sorry for bending your ears so to speak
Best to all
Stay after them. Make them tell you constitutionally why you can't have one. Then kick their butts in the legislature and get the laws passed. We did it here. You can too. Hang in there.

$Bill

[songdog53]

Yes
Yes
Yes
thank goodness

[johniv]

Questions one and three, yes to both. As to the ease of obtaining a CHL , this is subjective, I think its easy(NRA instructor needs to sing off on a gun safety class, then sherriff needs to issue the CHL, after a background check)
John

[starmac]

I have a question on the background check. Do you have to pay for the background check.
The reason I ask is I had to pay for one to get a passport. I had to pay for one to get a wick card. I had to pay for one to get my hazmat cert.
I can understand all these and am required to have them all to do my job, but it seems to me that one background check should suffice instead of 100 bucks out of my pocket 3 times for basically the same thing.

[Three-Fifty-Seven]

AZ has castle doctrine, and does not require us to retreat from anywhere we are legally.

We are a SHALL issue state, even though we do not need a ccw to carry concealed, there are a few "perks" to having one. Our CCW is reciprocal with 35 other states.

8 hr course, plus $60, and you pay for the finger prints, our local sheriff's office did not charge me, but 8 months later charged my wife $5!

http://i153.photobucket.com/albums/s220/ShawnTVT/Guns/recipercalstates.jpg

[abunaitoo]

1) Yes. It just passed last year.
Don't think it has been tired yet.
Being a very anti gun state, I wouldn't want to try it out.
I know you would be arrested and booked. If you can make bail, you could get out.
You would have to go to trial to prove you are innocent because of the Castle law.
Snowballs chance in hell.
2) N/A
3) Yes, but.... As far as anyone can remember, not one (non-connected) person has ever
been issued a CCW.
Their are rumors that some connected, public officals, friends, supporters,
celebrities, and others, have been granted a CCW, but no one will come
forward to confirm.
Had a ******* movie star stop at a shooting fair a few years back.
Asked if wanted to try shooting some Cowboy firearms.
He said "I only shoot real guns like this" Lifted his shirt up and had a 1911 in
his belt. A real Jerk.

[klcarroll]

An earlier post concerning Illinois stated that there was NO "Castle Doctrine" law.

Concerning the use of deadly force, the Illinois criminal code reads as follows:

"(720 ILCS 5/) Criminal Code of 1961

Section 7. Justifiable use of force. Use of deadly force justified if the person reasonably believes they are in danger of death or great physical harm. Use of deadly force justified if the unlawful entry is violent, or the person believes the attacker will commit a felony upon gaining entry.

Section 7-2(b). Prevents the aggressor from filing any claim against the defender unless the use of force involved "willful or wanton misconduct"."

Additionally, Illinois does not have a "retreat" requirement.


.......But that is where the good news stops! ......Illinois has NO provision for a citizen to legally carry a concealed weapon; ....And "Possession of a Concealed Weapon" is a Felony charge.

As a regular citizen, you will probably spend more time in jail for simply carrying a concealed weapon than most "gang-bangers" spend for a drive-by shooting!

....But hey! ....Laws like that are responsible for making the streets on the South Side of Chicago the safe, secure places they are!

Kent

[Adam10mm]

I am in Michigan and all the below was signed by our former Canadian Governor but our law makers have been overall very progun lately

• Does your state have a Castle Doctrine law or legislation on the books? Yes and we do not have to withdraw from any place we have a legal right to be. Also a criminal can not sue if he is injured during illegal act and if someone is prosecuted in the aftermath of a shooting legal expenses must be repaid upon being found innocent. Note that the fear of death or great bodily injury is still required to warrant shooting someone. However, the law provides that it is assumed that an unlawful tnery into your property is done so to commit great bodily injury or death to any inhabitants, thereby fulfilling the prerequisite of imminence of the aforementioned. Bottom line is if someone unlawfully enters your property, you are under legal authority to use deadly force merely by their unlawful presence.

• If not, is it because the laws are such that it is not necessary? Before reform any self defense shooting could end a person in jail.
Sorry, this is completely false. A lawful act of self defense or defense of another is lawful. Period. In fact, the castle doctrine as founded by English common law has been Michigan common law for decades stemming back into the late 1800s. It has almost always been how the courts judged, but has since been put into statue by the self defense package of laws that was signed circa 2006.

• Does your state have a CHL license? If so, how hard/easy it is to obtain one? 8 hour NRA course is required and I think it is $125 for the 5 year licence?
Just got mine renewed in September 2010 and I think the fee is still $105.

Qualifications:

I've been a CPL holder since September of 2005. I've been instructed in Michigan's firearms law while pursuing a Criminal Justice degree.

Hate to derail the thread, but a lot of others complain about MI gun laws. I wish the SBS/SBR law, suppressor law, and pistol registration were changed but other than those three it isn't a bad gun state. The pistol free zones can be dealt with by open carry with a valid CPL.

Here's the legal update from the MSP.

http://www.michigan.gov/documents/msp/MSP_Legal_Update_No._86_2_336854_7.pdf

Read this part:


An individual with a valid CPL may carry a nonconcealed firearm in the above listed premises.

These are the no firearm places, which with exception to banks, are the same as the "pistol free zones" where concealed carry is not legal. Essentially this means that Michigan has NO "no carry zones" provide you have a CPL and openly carry in some establishments.

[Ohio Rusty]

Ohio approved a castle docterine last year.

Ohio is a 'must issue' CHL state. That being said ..... You have alot of background stuff to go thru, and the Sheriff has up to 45 days to issue your CHL.

On the Ohioans for Concealed carry website, there are quite a few posters on there that are whining because they were busted for drugs or other illegal activities in previous years and that has held up their CHL.
My advise to those interested in a CHL .... keep yer nose clean, and you have no issues with anything. I have a 100% clean background so I never had to sweat anything to begin with. I got my CHL in 2 weeks.

It's not that hard to say NO to drugs and other illegal things .....
(Shut up, conceal deeply your gun everywhere you go and come home to your family Armed and Unharmed)

Ohio Rusty ><>

[9.3X62AL]

Recluse, I'm in the People's Republic of California. You're kidding, right?

[firefly1957]

freakshow10mm Thank you the problem with Michigan laws are not the laws but how the system decides what they mean. My understanding is you still need to have fear of safety/life for use of deadly force. Another words a person would need to threaten you to justify use of any force.
In the 1970's Michigan changed the laws so that it was hard to claim self defense even in your own home. The first to be tried if I remember right was in Oakland county an elderly man that had shot a kid who used a crow bar to smash into his home and was going to kill him. The jury found him innocent but he was arrested and charged. Brooks Paterson had promised this would not happen in Oakland county when the law was changed and Blamed it on a rouge assistant at the time but it hurt his carrier in politics. I will admit a U.P. prosecutor would not have filed charges but in the metro areas it was likely to be charged unless attacker had gun and retreat was not possible. Thank our new lawmakers that have changed that along with telling DNR our CPL are valid in the woods and streams of our state.

Michigan still needs some changes but it is coming along nicely.

[cajun shooter]

Louisiana has all three and as a former cop here I will say that most self defense shootings were always given no true bills at the DA's before they became law. Our laws are based on OLD ENGLISH LAW. You don't even have to have no trespassing signs on your property in many of our parishes. As the Judge stated to three men being convicted of unlawful hunting and trespassing, Do you own the property you were arrested on? They all answered no. He then said, That means that some one else did and therefore you are guilty!!

[firefly1957]

cajun shooter
I used to know a guy who was from Louisiana he was a Deputy in one of your Parishes before being drafted into Vietnam and he backed you up 100%. He told some stories about why he hated coming to Michigan to work in law enforcement but the money was better here. I found it hard to believe some of what he said having believed liberals here but like you put it is better down there and we are getting less liberal so there is hope.