Explore The NRA Universe Of Websites

APPEARS IN News

"Castle Doctrine" Legislation: Protecting Your Right to Protect Yourself

Sunday, April 1, 2012

By now, most of you have heard about one young Oklahoma mother’s brush with death on New Year’s Eve at the hands of a man who, reportedly high on drugs, broke into her remote home and came at her and her infant son with a large knife.

Realizing the man was trying to break in, she barricaded the door with a couch, called 9-1-1, and pleaded with the dispatcher to send help. Running out of time, she asked whether she could shoot the intruder if he broke down the door, and was told, “Do whatever you can do to protect yourself… [D]o what you have to do to protect your baby.” Sheriff’s deputies rushed to her, but by the time they arrived, the assailant had breached the door, Sarah Dawn McKinley had seen his weapon and fired her gun.

McKinley wasn’t charged with a crime after killing the intruder, presumably because it was plainly obvious to investigators and the prosecutor’s office that she had acted in self-defense only after doing everything she reasonably could to avoid having to pull the trigger. At least intuitively, she understood that under state laws, homicide is generally  justifiable only as a last resort, after all other reasonable, available measures have been taken to avoid the use of force. Police, prosecutors, judges and juries tend to take a dim view of the use of armed force when it is premature, excessive, inspired by anger or otherwise shows bad judgment.

In McKinley’s case, however, she had more protection from prosecution than just the common sense and good intentions of the law enforcement officers and D.A.’s office that investigated the confrontation into which she was unwillingly dragged; she had the law.

A long-standing Oklahoma law states that a homicide is justifiable when in defense of one’s self or one’s child against a violent felony, including one within the home. However, while that might appear to provide perfect legal protection to many individuals who defend themselves against criminals, such is not the case. Under that law, which is similar to laws in some other states, McKinley would have been required to demonstrate not only that her assailant broke into her home, but that at the time of firing her shotgun she also reasonably believed that he posed an imminent threat of killing or inflicting “great personal injury” upon her or her child.

That’s better legal protection than none at all—but fortunately for McKinley and others in similar situations, Oklahoma also adopted an NRA-backed “Castle Doctrine” law in 2006. That’s the name given to a comprehensive set of laws that provide important legal protections to people who are forced to defend themselves.

Premised on the belief that people have “a right to expect absolute safety within their own homes or places of business,” Oklahoma’s 2006 law protects the right of a person to defend himself against an intruder who enters the defender’s home or business unlawfully and by force, without the defender having to demonstrate that he reasonably feared that the intruder was about to cause death or great bodily harm. The forceful and unlawful entry is enough to establish a legal presumption that the defender’s fear of serious injury was reasonable—and, therefore, that his defense against the criminal was reasonable as well. This shifts the risk away from the defender—who would otherwise have to consider not just his assailant’s actions, but also his assailant’s motives—and puts that risk where it belongs, on the attacker.

Oklahoma’s multifaceted law also contains a provision allowing a person to defend himself against “great personal injury,” and that provision isn’t limited to the home. Very importantly, the law also contains a “criminal immunity” provision that prohibits the arrest of a person who uses force in self-defense, unless “there is probable cause that the force that was used was unlawful.” And in deciding whether the force used against the assailant was lawful, the authorities have to consider not only the use of force itself, but also the person’s self-defense claim. Without this protection, people who defend themselves are more likely to be charged with crimes and, as the old sayings go, be forced to “tell it to the judge” and “let the jury sort it out.”

The naïve or uninformed might say that if a defender thinks he is innocent, he has nothing to fear from a judge and jury. But a murder trial puts the defendant at risk of a long prison sentence—or worse. A defendant in that situation can easily be tempted to plead guilty to a less serious felony, just to avoid the risk of a murder conviction, or even just to avoid sitting in jail for a long time while awaiting trial. Compounding the misery, the legal fees to go through this kind of nightmare can easily top $50,000.

Two years ago, a Wisconsin man learned that lesson the hard way, after fatally shooting an intruder who left threatening voicemail messages for the defender and the defender’s girlfriend earlier in the day. He then broke down a locked door and entered the house in which the defender and his girlfriend lived. Though most Americans would agree that the defender was justified in protecting himself and his girlfriend, he was charged with second-degree intentional homicide. Appallingly, a judge rejected the defendant’s motion to have the charge dismissed on grounds of self-defense. (Fortunately for the defendant, an appeals court dismissed the charges because law enforcement officers had failed to preserve the criminal’s threatening phone messages, which would have served as strong evidence that the defendant had acted reasonably.)

A fourth element of NRA-backed Castle Doctrine legislation is a “stand your ground” or “no duty to retreat” provision. This provides that, when an act of self-defense is otherwise lawful, and takes places in a location in which the defender is lawfully present, the defender is not required to retreat from a felonious attack, or the threat of an attack.

Without “stand your ground” protection, a defender can end up being a defendant, as happened in Wyoming not long ago. In that case, a landlord defended himself against a tenant he was trying to evict; the tenant manhandled him over a fence and continued to advance as the defender tried to get back on his feet. The prosecutor in the case—who had previously been a federal prosecutor in the Clinton Justice Department— argued that the use of a gun against an unarmed attacker cannot be justifiable. Just as outrageously, the prosecutor claimed that because the defendant was a competitive shooter and fired more than once, it meant that he premeditated the shooting. The defendant was convicted of first-degree murder and aggravated assault. (The defendant is now pursuing an appeal.)

A fifth element of NRA-backed Castle Doctrine legislation is a “civil immunity” provision, which protects defenders against lawsuits by their assailants or their assailants’ families. People worldwide are familiar with the story of English farmer Tony Martin, who, in addition to serving several years in prison for the fatal self-defense shooting of an intruder with a very long criminal record, was sued by the intruder’s accomplice, whom Martin wounded. While that story grabbed international headlines, similar, less widely publicized abuses of our civil courts take place in this country all the time.

Fortunately, Oklahoma is only one among a majority of states that have adopted NRA-backed “Castle Doctrine” laws over the last seven years. Florida, which can fairly be said to have launched the modern reform of state self-defense laws by adopting its Right-to-Carry law in 1987, continued in its trendsetting role in 2005 by adopting a comprehensive Castle Doctrine law. Fourteen more states adopted similar laws in 2006, five in 2007, three in 2008, one each in 2009 and 2010, and four in 2011. Along with Utah, which already had strong protections for lawful defenders, that makes a total of 30 Castle Doctrine states. Of those 30 states, 27 have general or limited “stand your ground” provisions, 13 have criminal immunity provisions and 21 have civil immunity provisions.

Currently, the NRA is working to enact Castle Doctrine legislation in Iowa and Virginia, and for improvements to existing Castle Doctrine laws in Alaska, Nebraska and Washington. Just as we work toward the day when all states allow all good citizens of age to carry firearms for protection, we will work until all states fully protect the right of law-abiding people to use force in defense of themselves and one another, without fear of prison or bankruptcy. Decent people have a right to nothing less.   

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

Monday, April 15, 2024

Colorado: Semi-Auto Ban Passes House and "Sensitive Places" Expansion to be Heard in Committee

On Sunday, HB24-1292 the semi-auto ban, received final passage in the House and has been transmitted to the Senate where it awaits a committee assignment. 

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

News  

Monday, April 15, 2024

Joe Biden Seems to Hate Cannons as Much as He Hates the Truth

For quite some time, we’ve talked about Joe Biden and his gift for gaffes. Whether it is him losing battles with his teleprompter, his train of thought spectacularly derailing, forgetting which politicians have passed away, or simply mumbling ...

Maine: Only One Vote Needed to Kill Waiting Periods

Wednesday, April 17, 2024

Maine: Only One Vote Needed to Kill Waiting Periods

If you want to save your Second Amendment rights in Maine, you need you to act NOW. After lengthy debates, the House and Senate passed 72-hour waiting periods by only ONE VOTE in each chamber.

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

News  

Monday, April 15, 2024

ATF Trafficking Report Reiterates Futility of “Universal” Background Checks

So-called “universal” background checks were back in the news last week. The Biden administration and the regime press were promoting the impression that ATF’s new “engaged in the business” rule closed the non-existent “gun show ...

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

Thursday, April 18, 2024

Maine: Contact the Governor and Urge Her to Veto All Gun Control Bills!

After a nearly 24-hour marathon legislative session, the Maine House and Senate finally adjourned until "Veto Day" in the coming weeks. 

Invisible Crime and Other “Simple Realities”

News  

Monday, April 15, 2024

Invisible Crime and Other “Simple Realities”

Viewers were reminded of the disturbing disconnect between the Biden Administration and everyday Americans on seeing Pete Buttigieg, the Secretary of Transportation, interviewed on television not too long ago.

Iowa: Pro-Second Amendment Legislation Headed to the Governor's Office

Wednesday, April 17, 2024

Iowa: Pro-Second Amendment Legislation Headed to the Governor's Office

This week, House File 2586 and House File 2464 received final passage the House and will now be transmitted to the Governor Kim Reynold’s for her signature, joining House File 2556 that was passed last week. These bills ...

Colorado: Three Anti-Gun Bills Advance - Contact Representatives Now!

Thursday, April 18, 2024

Colorado: Three Anti-Gun Bills Advance - Contact Representatives Now!

Last night, the Colorado general Assembly continued its attempts to whittle down Second Amendment protections in Colorado. Two anti-gun bills, House Bill 24-1349 and House Bill 24-1353, passed the House Appropriations Committee and have advanced to the House floor, ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.