Castle Doctrine vs. Stand Your Ground: What’s the Difference?

Article originally published on: GunsAmerica

The Castle Doctrine and Stand Your Ground are common questions related to many gun owners. Earlier this month a man named Jerad Jones shot and killed his brother-in-law in Weston, Wi., because, according to his lawyer, he feared for his life and the lives of his sister and her daughter.

As the shooting took place in Jones’s home, the defendant and his lawyer are hoping to appeal to Wisconsin’s castle doctrine law, which allows for the use of deadly force in the home if a person “reasonably believed that the force was necessary to prevent imminent death or bodily harm to himself or herself or to another person.â€

Jones’s version of events seems like a clear-cut case of self-defense, except for one wrinkle: Jones’s brother-in-law also lived in the home in which the incident took place. Wisconsin’s castle doctrine specifically requires the “unlawful or forcible entering†of a person’s property before the law can be applied.

While the evidence suggests Jones actually feared for his life, his case illustrates the complicated nature of nearly every self-defense situation. Did Jones have a duty to retreat from his own home just because his brother-in-law also happened to live there? Doesn’t he have a right to defend himself and his family?

Wisconsin’s judicial system will decide these questions in the coming weeks and months, but it’s important for every gun owner to understand the basic framework of self-defense laws in the United States. The requirements for justifiable homicide differ wildly from state to state, but understanding three basic terms will allow you to categorize—in a general sense—your obligations and duties if you find yourself fighting for your life.

The most important term to understand is “duty to retreat.†The other two terms—castle doctrine and “stand your groundâ€â€”won’t make sense unless you know what it means to have a duty to retreat.

States formulate this idea in a variety of ways, but Article 35 of New York’s penal code sums it up nicely: an “actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating.â€

Generally speaking, the difference between castle doctrine laws and stand your ground laws lies in the location in which you have a duty to retreat. We’ll start with the castle doctrine.

The Castle Doctrine

The castle doctrine originated in England around 1600. It gets its name from the famous maxim “a man’s house is his castle,†which has become one of the most deeply rooted principles in Anglo-American jurisprudence. The castle doctrine gave individuals the right to protect their homes using deadly force without being obligated to retreat.

English citizens at this time felt the need to protect themselves from intrusion by the government, by the King, and by criminal strangers. They developed the castle doctrine so that even the “poorest man†living “in his cottage†would possess the right to defend himself and his family without fear of criminal prosecution.

The castle doctrine has existed in American common law for centuries. While it was not codified (to my knowledge) until the 20th century, it has always protected Americans who must defend their homes, and it even informed the Fourth Amendment, which protects people, their homes, and their property against unreasonable searches and seizures by the government.

In the 1980s a handful of states passed what became known as “make my day laws.†These laws simply codified what Americans have always believed about a person’s right to defend his or her home. Colorado’s castle doctrine law, for example, gives a home’s occupant the right to use deadly force if they believe the intruder intends to commit a crime or use physical against them. It does not require a duty to retreat. Even if the occupant has the ability to run out of the home, they are not required to do so before using deadly force.

Most castle doctrine laws are similar to Colorado’s, and many states have some form of the castle doctrine on the books. While a person may have a duty to retreat outside of the home, they do not have the same duty inside.

Stand Your Ground

Stand your ground laws move the castle doctrine principle into the public square. Generally speaking, a stand your ground law does not impose an obligation to retreat from public places a person is legally allowed to be. A more in-depth analysis of stand your ground laws can be found in this article, but here’s the gist.

Florida passed the first stand your ground law in 2005. Since then, at least 26 states have passed similar laws that allow a person to use deadly force in a life-threatening situation. All stand your ground laws stipulate that a person must reasonably believe themselves or another person to be in mortal danger before matching force with force. Self-defense has always been a potential justification for homicide, but stand your ground laws codify this principle and specifically state that a person does not have a duty to retreat.

These laws came under intense scrutiny in 2013 when a Florida man named George Zimmerman fatally shot an African-American teenager named Trayvon Martin. Though Zimmerman argued for his innocence on the basis of self-defense—not on the basis of stand your ground— the anti-gun media took the opportunity to criticize Florida’s self-defense law. The courts acquitted Zimmerman of all charges, which, thanks to the media, prompted nationwide protests.

Stand your ground laws seek to provide immunity to victims of violent assault, no matter where that assault takes place. Legal self-defense should not cost individuals thousands of dollars in legal fees. While stand your ground laws can obviously be abused, they draw upon centuries-old principles of self-defense and the defense of others.

What’s Legal in my State?

I intentionally neglected to provide a list of states under each category. State law is complex, and each state includes different language that seeks to address a wide variety of scenarios. If you want to know whether you live in a castle doctrine-only state or a stand your ground state, I suggest following these steps:

Talk to a lawyer. This is the best move. Deciphering the law can be difficult, and these folks are trained to do just that.
Do the research. Don’t trust spammy websites like findthelawnow.com. You need to find the actual law on an official government website. Start by Googling “[state name] stand your ground.†You’ll likely be able to find a news article that lists the specific section of the penal code dealing with justifiable homicide or self-defense. Read that section and make sure you understand it.
Consider getting CCW Insurance. There are several providers out there, but none more respected than our friends over at USCCA. Make sure to check them out.
Conclusion

To summarize, castle doctrine laws do not require a duty to retreat from the home, and stand your ground laws do not require a duty to retreat from public places. If your state has adopted the castle doctrine and you catch a home intruder, you can run away or stand and fight. The choice is yours. If you live in a stand-your-ground state, you have the same choice if you happen upon a mugging or you think you’re about to be mugged yourself.

The most important question you need to answer is, “Where do I have a duty to retreat?†If you know the answer to that question, you’re well on your way to understanding the self-defense laws in your state.

About the Author: Jordan Michaels is a new convert to the gun world. A Canadian immigrant to the United States, he recently became an American citizen and is happily enjoying his newly-acquired Second Amendment freedoms. He’s a communications professional, a political junkie, and an avid basketball fan.

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The License To Carry formerly known as a Concealed Handgun License is commonly referred to as a gun permit, concealed carry license, CCW, concealed carry, handgun license, handgun permit was changed to License To Carry on January 1,2016.

There are many myths out there about handguns and the LICENSE TO CARRY, our job is tell you what the laws and facts are and put any myths to rest during class, so you know the truth. We believe in paying special attention to handgun safety and Situational Awareness, to help teach students how to avoid situations.

Be sure to visit our class schedule page to sign up for our next license to carry class.

For questions please feel free to contact us at 817-247-2990.

Texas EZ CHL is excited to announce our upcoming ladies only license to carry class on Sunday, August 27, 2017.  Be sure to sign up now as spots will sell out quickly!

USD

This article was originally posted on OutdoorHub.com and reprinted with permission on NRA.com.

It may not be anywhere close to Christmas yet, but you already have a list and you’re checking it twice. Whether you’re thinking of getting that hunter in your life a new shotgun, or a carry gun for someone who just got a Right-to-Carry permit, firearms are still a very popular gift item. For those who have never gifted a gun before, it may seem as simple as going to a store and picking one up.

Stop. Hold. Wait a second. Before you set foot in the gun store, there are some things to consider. In this part of our Buying and Selling a Firearm series, we’ll discuss the process of giving firearms as a gift. You might want to familiarize yourself with other basics, such as background checks, private sales, and gun shows:

• What is an FFL?
• Private Sales Explained
• Gun Shows

Giving someone a firearm carries a certain level of legal responsibility that does not come with gifting iPads or socks. You should know the laws that apply to buying firearms as gifts for another person.

First things first, if you have reasonable cause to believe the person you’re gifting a firearm to is prohibited from possessing a firearm or ammunition, or that the person will use the firearm in a crime, you are committing a felony. Don’t do this.

So, you’ve done your research, and are ready to purchase the firearm. Now how do you actually give your intended recipient their gift? Well, if you are in the same state, you could just hand it to them yourself. There’s no national law that prevents someone from giving firearms to a friend or family member in the same state, but there are plenty of state laws regarding it. For example, states such as California, New York, and Colorado require you to transfer the firearm through a local firearms retailer or FFL, where a background check will be conducted on the person you want to give the gun to. In some states, even the transfer of an old family heirloom can require going through an FFL. You can check up on a comprehensive list of state laws at the NRA-ILA website here.

However, if you want to give a firearm to someone who lives in another state, you are required to go through an FFL. Transfers between non-FFL residents of different states cannot be done any other way. Above all, make sure to consult all applicable state laws but reviewing the NRA-ILA website before you give someone a firearm.

So now your friend or family member has their gift – they’re super pleased about it and more than grateful – yet you ask yourself who actually owns the firearm? On the ATF Form 4473 that you filled out when purchasing the firearm from the FFL, you should have checked “yes†to the question, “Are you the actual transferee/buyer of the firearm listed on this form?†If you, the buyer, are buying the firearm with your own money, not at the request of the other person, with the intention of giving the gun as a gift – you are the buyer. Even if you are not keeping the gun, you are the owner of that firearm until you legally transfer it to the intended recipient. This satisfies federal laws, but state and local laws may impose tighter restrictions. And of course, in all cases it is illegal to transfer a firearm to a person knowing or having reasonable cause to believe the person is prohibited from possessing firearms or ammunition, or that person will use the firearm in a crime. All these are offense with severe prison sentences and heavy fines.

The ATF recommends that if you want to gift someone a firearm, you should purchase a gift card at the store instead. This way, they’ll get the exact gun they want, there will be no legal issues stemming from your purchase, and it can still be a surprise. However, unwrapping a gift card is far less climatic than a real firearm.

To learn more about state and federal firearm laws, visit nraila.com. The NRA’s Institute for Legislative Action website has a detailed list of laws and regulations for every state, as well as up-to-date news on firearm-related issues. If you’re curious about how to transport your guns across state lines, or in what establishments you can carry a concealed firearm, the NRA-ILA website will offer a wealth of information.

How Do You Get Rid Of Bad Ammunition?

Originally posted by NRA

All firearms enthusiasts eventually come across bullets that just won’t fire or corroded ammunition they don’t want to risk shooting. We doubt you want to start stockpiling bad ammo, so how can you get rid of it?

The internet is flush with recommendations on what to do with bad ammunition, but not all of that advice is environmentally friendly, or legal. Below are five methods we recommend to make sure you part ways with ammunition properly.

Contact Your Local Police

For ammo you don’t want anymore and especially for corroded ammo, call your local police non-emergency number and let them know you want to dispose of it. They’ll send an officer out to pick it up or can share an alternative method if it’s just a couple rounds.

Recycle It

If it’s just dud ammunition that wouldn’t fire, you could always opt to recycle it. Home reloaders have been doing this for ages and this could be your first taste of a fun and money-saving hobby. Get a cheap tool called a kinetic puller and effortlessly disassemble the round, leaving you with a re-usable bullet and cartridge (If you want, you can dump the powder in your garden as fertilizer – we’re not joking) Alternatively, if you don’t want to recycle the round but know a reloader, they might be happy to take the ammunition off your hands.

Hazardous Waste Drop-off

You can’t normally take ammunition to a disposal center, but most do conduct semi-regular hazardous waste drop-offs. Be sure to call and make sure they’re accepting ammunition before you pull up, though.

Bring It To The Range

Don’t worry, we aren’t advocating you go shoot your bad ammunition. Most ranges have a container for dud rounds and arrange collections with local law enforcement or recycling companies. If you ask politely, they may let you leave your bad ammo for the next pick-up.

Call A Gun Store

Like ranges, gun stores handle a lot of ammunition. Call a local shop to see if they accept people’s bad ammo or, if it’s recyclable, know any any reloaders who would want to take it.

Whichever method you go with, properly disposing of ammunition benefits the wellbeing of you, others, the environment, and the reputation of shooters across the country. Local and state laws do vary on proper procedures, so remember to check first if you have any questions.

Originally posted on NRABlog

Mobile Apps are the way of the future, simplifying life by placing all the information you need right at your fingertips.

With that being said, new apps are surfacing every day, making it more and more difficult to sift through the junk to get to the treasures. We have found a few that have the potential to make the everyday gun owner’s life a little easier!

Whether you need assistance at the range, or information about local gun laws, these apps will be great additions to your life.

CCW — Concealed Carry 50 State
$1.99

This application is great for empowering any concealed or open carry permit holder and even those that may want to lawfully carry/transport a firearm in any state. With all the information provided in one convenient location, it makes it simple to follow gun laws in each state and in every instance. It is able to do so with an easy-to-use “User Interface†that will make you aware of laws that are updated frequently.

You will be able to review information direct from the state governments and law enforcement authorities such as State Statutes for each state, Direct Reciprocity Information, CCW Application forms, State FAQs, etc. Accompanying all of that information will be links so you can dig deeper into your chosen topic.

Interactive state maps are also provided, allowing you to click on any state to see details such as: All the states recognizing a specific permit, all the permits that a specific state allows, state map of type of permit available, map of states recognizing your permits.

Download for iOS or Android! 

Posted! Carry List Anti – Gun Locations
$0.99

This application is something every gun owner needs. Its purpose is for the legal and conscientious concealed carry license holder to know where they cannot legally carry before they make plans.

A licensed permit holder or a resident of a constitutional carry state can usually legally carry their firearm in any location other than statutory “no carry” locations such as schools, Gov. Buildings and in businesses that are posted prohibiting firearms. This provides a list of those Posted Anti-Gun businesses.

Before making hotel accommodations, dinner reservations or plans for a night on the town, check this app to ensure you won’t have to disarm in the parking lot or return home if you do not have a place to safely store your firearm. If you know beforehand, you can avoid the places that prohibit carry, or you can leave your firearm at home if you must attend.

You may also want to add pro-gun alternatives that do not prohibit carry so you can search for pro-gun substitutes to the anti-gun businesses and easily add new ones to the list every time you experience firearm-friendly service.

You are also encouraged to take action if you so choose. With this app you can call or email a listed business to let them know your opinion!

Download for iOS or Android! 

Make Ready – The shot timer with a voice
$9.99

This is an effective, cheap training tool that will help you improve your performance while practicing at the range. It’s almost like having a Range Officer in your pocket!

With Make Ready you can choose between spoken range commands, immediate or delayed start and you can practice whenever you like! You can even use it for dry fire practice when you can’t make it to the range.

So get your firearm and set a par-time to see if you can complete your drill before it expires!

They do have a FREE option for those who want to try it before purchasing. If that sounds even better give ‘Make Ready Lite’ a try.

Download for iOS! 

The Shooting Club
FREE

With shooting sports growing at such a rapid pace, it is only natural for an app like The Shooting Club to surface.

It is the first social shooting experience where you can find a local shooting range, improve your firearm safety and marksmanship, connect with shooters everywhere and win cash and prizes. Best of all, all skill levels are welcome!

This app makes it so easy to connect with your friends who shoot and see their skill level/current competition score.

Not to mention you can see archive images of all the targets you’ve shot to date, allowing you to see your timeline of progression.

Download for iOS or Android! 

NRA – ILA
FREE

Stay up to date with the official NRA-ILA app for National Rifle Association members and allies. Get all the latest information on Second Amendment rights, legislation’s and policies. Connect and discuss with fellow activists, as well as lobby your elected officials and urge them to support your right to bear arms, due process, etc.

Download for iOS or Android! 

This article originally appeared on OutdoorHub.com and was also published on NRAblog.com.

Continuing with our series on buying and selling firearms, in this article we are going to talk about private sales. In our last post, we explained FFLs and background checks, so we already covered how buying firearms from a gun shop works, but what about private sales?

Say you have an old gun you want to sell, or maybe you know someone who’s willing to sell you a firearm that you’ve wanted for ages—like perhaps the coveted Colt Anaconda or Marlin 336. How would you go about completing the transaction? Is there some sort of license you need to get, or somebody you need to clear with before exchanging firearms and money?

In general, people who make the occasional sale, exchange, or gifting of a firearm are not required to have a Federal Firearms License (FFL), which gun shop owners need, however, they are still required to know and abide by local, state, and federal laws.

There are many things to consider when dealing with private sales, and the first is if it is legal in your state. Not all states allow private sales, and some have certain restrictions that you should be aware of. For example, in California private sales must be completed through licensed firearm dealers. Connecticut requires the person making the transfer to get an authorization number before such sales can be completed, and forbids the transfer of long guns unless certain conditions are met. A number of other states have similar restrictions. It is also illegal to sell a firearm to a resident of another state without going through a dealer, and sellers cannot ship directly to (non-FFL) buyers in another state. Selling to convicted felons and any other prohibited purchaser is illegal as well.

To find out what laws your state has, you can visit www.nraila.org, which has a detailed state-by-state breakdown. Check out the sections under “Purchase.â€

Private gun sales are widely supported by Second Amendment advocates, who view it as a bedrock principle in American gun ownership. It is also important to note that gun control groups widely oppose private transfers and in recent years have been pushing to either to bring them within the umbrella of “universal†background checks, or ban them outright. Gun rights groups such as the NRA have long fought these attempts on the basis that prohibiting private sales would greatly hinder the constitutional rights of gun owners, while not likely reducing crime. According to the NRA, most firearms used in crimes are obtained by theft; illegal, “off-paper†transactions; or straw purchasers.

For example, in 1991, California famously banned private sales of handguns in response to an escalation of drug-related crimes. However, experts say that the escalation of crime in the early 1990s was mostly accounted for by juveniles, who are already prohibited from buying or possessing handguns.

Private sales also account for only a small amount of gun purchases in the United States. However, if you want to sell that old rifle or perhaps add another firearm to your collection, it is not as complicated as it seems. Just make sure you understand the applicable laws.

To learn more about your state’s laws on private sales of firearms, visit www.nraila.org.

Gun Range Safety & General Etiquette

by Elizabeth D. Hellmann – NRAFamily.Org

What you need to know before you hit the range.

Practicing good gun range etiquette isn’t just good manners—it’s good sense! Gun range etiquette is a blend of common sense, courtesy and safety. A day at the range is fun, and good gun range etiquette makes it even better.

Most clubs and ranges require shooters to attend a safety class prior to using the range. This certifies that you’ve read and understand the NRA Basic Rules of Gun Safety and the specific rules that apply at the range you’re using. Remember that there may be other gun safety rules that are enforced on your range, but these three rules are ALWAYS appropriate, no matter where you are:

1. ALWAYS keep the gun pointed in a safe direction.
2. ALWAYS keep your finger off the trigger until ready to shoot.
3. ALWAYS keep the gun unloaded until ready to use.

Most ranges have Range Safety Officers (RSOs, also known as Range Masters) whose job is to supervise shooters, to enforce the rules and regulations of their ranges, and to handle any problems that may occur. Pay attention to the RSOs, who will tell you what to do in case of an emergency. Remember that the Range Safety Officer has absolute authority on the range.Compliance with his or her instructions is mandatory.

When you arrive at a range, introduce yourself to the RSO and let him/her know if this is your first visit to the range. The RSO will tell you what you need to know before you set up your gear.

Know the basic range commands, and learn other commands that are used at your range. If you don’t understand what they mean, ask the Range Safety Officer. He or she will be happy to explain it to you. Remember that asking questions is a sign of intelligence and maturity.

Two of the most common range commands are Ceasefire and Commence Firing, although sometimes it is said differently. Instead of “ceasefire,†some ranges are using the words, “Stop shooting!†and instead of “Commence Firing,†some are using the phrase, “You may begin shooting.†This is because we want our instructions to be as clear and as easy to understand as possible.

Ceasefires are used whenever all shooting must stop, whether it is because time’s up or because a potential problem has arisen. Whenever the RSO’s attention must be away from the firing line, he or she will call a ceasefire. Whenever someone needs to go downrange for any reason, a ceasefire is called. Ceasefires are also called when it’s time to post, change or retrieve targets.

However, the RSO is not the only person who can call a ceasefire. Anyone who spots a potential problem should call “Ceasefire!†The RSO will repeat the words and see to it that all firing stops immediately. If you aren’t sure what’s happening, it’s okay to call a ceasefire. It’s better to call a ceasefire and be safe than not to call one and be sorry.

Ceasefires are used in all kinds of situations—not just when it’s time to change, post or retrieve targets. Perhaps a person has inadvertently wandered out onto the firing range, or perhaps a shooter in the point next to you has become ill. It’s your duty to call a ceasefire so that the RSO can take control of the situation and provide a solution or direct others to provide assistance if necessary.

During a ceasefire, there should be no handling of firearms. The key things to remember are:

1. Chamber is empty and ammunition source (magazine) is removed.2. Action is open.3. Hands off!4. Step away from the firing line.

Before anyone goes downrange, the RSO will do a visual check to see that everyone has stepped away from the firing line, and then ask, “Is everyone clear?â€Â  Everyone else on the line should also make this visual check, because safety is everyone’s responsibility.

Clear means that all shooters have made their firearms safe, that no one has a gun in his/her hand, and that there will be no handling of firearms until permission is given. Then, and ONLY then, may anyone go downrange.

When the ceasefire is over, the RSO will ensure that no one is downrange before stating, “The range is going hot.â€Â  This alerts everyone that the range is shifting from a ceasefire, but it doesn’t mean that shooting may begin. You must wait until the “commence firing†command has been given before you can shoot.

Commence Firing is the command given that tells everyone it’s safe to shoot. That doesn’t mean you start blazing away. It means that when you are ready, you may shoot your gun. These are two of the sweetest words a shooter will hear.

Remember, safety is everyone’s job. You are responsible for your own safety, the safety of others and for the behavior of your guests. If you see that someone else isn’t following the rules, you should leave the range. Go to a safe place and report the situationas soon as possible to the authorities.

A few other rules of Good Gun Range Etiquette are:

1. Do not fire at posts, supports or target frames. These are expensive and time-consuming to replace.

2. Shoot only range-approved targets. Check with your range to find out what types of targets are allowed. Some ranges allow only approved paper, cardboard, club-furnished metal targets and clay targets.

3. If you set out target frames to support your targets before you started shooting, you will need to return them to the storage area once you are done.

4. If your club or range allows pets, keep them on leashes or under control at all times. Give careful consideration to bringing a pet to a shooting range. Remember that shooting may hurt your pet’s hearing the same way it may hurt yours. Pets that scavenge (eat things that may or may not be food) should not come to a shooting range with you. Be aware that pets unused to gunfire might panic on a range.

5. It’s good etiquette to leave the range better than you found it. Picking up trash, cleaning your firing station, and obeying all of the range rules are not only good gun range etiquette—they’re good manners!

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The License To Carry formerly known as a Concealed Handgun License is commonly referred to as a gun permit, concealed carry license, CCW, concealed carry, handgun license, handgun permit was changed to License To Carry on January 1,2016.

There are many myths out there about handguns and the LICENSE TO CARRY, our job is tell you what the laws and facts are and put any myths to rest during class, so you know the truth. We believe in paying special attention to handgun safety and Situational Awareness, to help teach students how to avoid situations.

Be sure to visit our class schedule page to sign up for our next license to carry class.

For questions please feel free to contact us at 817-247-2990.

The Texas License To Carry – April 2017 Class Schedule is now available. Be sure to click on “Class Schedule” to view and register for current class offerings. Please feel free to contact us with any questions.