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RWK · April 23, 2005, 07:33 AM

In another thread (http://www.thefiringline.com/forums/...&page=1&pp=25), a member mentioned the “Castle Doctrine” and suggested that within his home an individual could essentially assert his right to self-defense in an unlimited manner.

While I believe that fairly summarizes the “Castle Doctrine”, I want to point out that state laws differ on its application. In some/most states, the homeowner has the unconstrained right of self-defense. However, in a few states, he does not and must (for example) retreat within his home, if withdrawal is possible.

While I personally advocate an unrestricted “Castle Doctrine”, I have initiated this thread because I would not want any TFL members to believe it applies – without limits – in all jurisdictions. KNOW YOUR STATE’S LAW and, additionally, understand that prosecutorial discretion is likely to apply (imagine how Chuck Schumer would use such a situation for political posturing and for advancement of his anti-firearms agenda if he were the DA).

April 23, 2005, 07:33 AM	#1
RWK Senior Member Join Date: August 20, 1999 Location: Occupied Virginia Posts: 2,777	Castle Doctrine In another thread (http://www.thefiringline.com/forums/...&page=1&pp=25), a member mentioned the “Castle Doctrine” and suggested that within his home an individual could essentially assert his right to self-defense in an unlimited manner. While I believe that fairly summarizes the “Castle Doctrine”, I want to point out that state laws differ on its application. In some/most states, the homeowner has the unconstrained right of self-defense. However, in a few states, he does not and must (for example) retreat within his home, if withdrawal is possible. While I personally advocate an unrestricted “Castle Doctrine”, I have initiated this thread because I would not want any TFL members to believe it applies – without limits – in all jurisdictions. KNOW YOUR STATE’S LAW and, additionally, understand that prosecutorial discretion is likely to apply (imagine how Chuck Schumer would use such a situation for political posturing and for advancement of his anti-firearms agenda if he were the DA). __________________ __________________ Μολών λαβέ!