Complicating matters in the legal concept of the castle doctrine is castle doctrine per states that there is no duty to retreat from an intruder in one’s home (variously defined). A justifiable homicide which occurs inside one’s private space or anywhere else is distinct as a matter of law. Therefore, those states with justifiable homicide provisions related to one’s private space, do not necessarily authorize indiscriminate violence therein. A confusing consequence of that separation of the castle doctrine and laws related to justifiable homicide is that the mere fact that a person is trespassing is no defense per se to justifying homicide. And different states have different castle doctrines and laws regarding justifiable homicide. Anyone contemplating owning a gun for self-defense would do well to be thoroughly acquainted with his or her own state’s policies and laws.
Twenty-eight states have more or less strong castle doctrine policies and/or laws: Alaska, Arizona, California, Colorado, Connecticut, Hawaii, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Wisconsin, and Wyoming. It is of interest to note that these states do not necessarily share the same political or religious views or have similar conservative versus liberal popular acceptance.
Here are examples of the variety in this castle doctrine accepting states: In Illinois, use of deadly force is justified. Specific Illinois legislation prevents filing a claim against a defender of a dwelling and there is no requirement of retreat. Iowa hasno duty to retreat from home or place of business in defense of self or a third party. Kentucky has no duty to retreat from dwelling, residence or occupied vehicle. On the other hand, Maine allows defense against a trespasser but does not have a policy or law regarding the requirement of retreat, and in Maryland, case-law, not statute, incorporates the common law castle-doctrine into Maryland self-defense law. Invitees or guests may have duty to retreat based on mixed case law.For the most part, Utah’s lawmakers have refused to disarm or tie the hands of the innocent so that they cannot defend themselves. Utah is the only state that has unequivocally established the right of public school teachers with concealed firearm permits to carry concealed weapons in class–from kindergarten through college–to protect themselves and their students. However, Utah law states, “A person is justified in using force intended or likely to cause death or serious bodily injury only if the personreasonably believes that force is necessary to prevent death or serious bodily injury to the person or a thirdperson as a result of another person’s imminent use of unlawful force, or to prevent the commission of a forciblefelony.
Four states and the District of Columbia generally uphold castle doctrine, but may rely on case law instead of specific legislation, may enforce a duty to retreat, and may impose specific restrictions on the use of deadly force, placing both criminal and civil cases in a grey area. Those states are: Nebraska, New Mexico, South Dakota, and Vermont. South Dakota considers justifiable homicide only in cases of efforts to resist attempted murder or a felony against the person or his or her dwelling.Nebraska has a bill pending to limit justification only to affirmative defense of lawsuits pertaining to justifiable use of force.