Good morning bikers, patriots and Second Amendment supporters. The weather is finally cooling off here in Middle Tennessee – so there will inevitably be some riding this weekend. I am still dealing with this darn radial nerve impingement, but it is slowly healing. But, I refuse to be held down by something like this. Let’s have a discussion about Castle Doctrine…
In an article my article on Home Defense Basics, posted earlier this week, I promised to provide some additional information on Castle Doctrine. This article really could be a companion to that post as Castle Doctrine definitely ties to defending one’s home – or castle. Castle doctrine tends to be fairly similar from state to state, but some states are much more restrictive or have no Castle Doctrine provisions. Additionally, your state may allow you to not only protect yourself with deadly force while in your home, but also if you are in your vehicle, garage, car, hotel, motorcycle or even at work. But there are limitations:
Common Castle Doctrine Limitations:
- Anyone that lives in the residence would be excluded from a Castle Doctrine claim
- A spouse or significant other would be excluded from a Castle Doctrine claim
- An invited guest would be excluded from Castle Doctrine (unless they attempt to bring lethal or maiming force against you – at which point the Five Components of a Self-Defense Claim apply)
- You may be in legal jeopardy if you shoot someone who is trying to flee the house after encountering them
My home state of Tennessee has codified Castle Doctrine into its statutes. While most states have some sort of Castle Doctrine codified into law, some are very vague. You need to read and understand your state’s self defense laws to know what is permissible in your state.
Tennessee Castle Doctrine
In addition to Stand Your Ground laws, Tennessee has also adopted the Castle Doctrine, Just like the words “stand your ground,” the words “Castle Doctrine” do not appear in the Tennessee code. These laws relate to the justification of force used within your residence, dwelling, or vehicle. The ideas encompassed by the Castle Doctrine are found in Tenn. Code Ann. § 39-11-611(c), which states:
“(c) Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.”
Tennessee Castle Law
Tennessee extends the presumption of the Castle Doctrine to those within any of the following:
- “Residence” – a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the curtilage of the residence;
- “Dwelling” – a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people;
- “Business” – a commercial enterprise or establishment owned by a person as all or part of the person’s livelihood or is under the owner’s control or who is an employee or agent of the owner with responsibility for protecting persons and property and shall include the interior and exterior premises of the business; and
- “Vehicle” – any motorized vehicle that is self-propelled and designed for use on public highways to transport people or property.
It is important to remember that you will not have the presumption granted under the Castle Doctrine if the person against whom the deadly force was used has the right to be in or is a lawful resident of the dwelling, business, residence, or vehicle. Nor will you have its protection if the person against whom the deadly force was used is a law enforcement officer who has entered in the performance of his or her lawful duties.
We will review each state individually, but it might be good to review a case in which the castle doctrine defense was not allowed and the home owner was convicted.
Byron David Smith
Byron David Smith was a resident of Little Falls, Minnesota. He had become alarmed about a rash of break ins and robberies in his neighborhood and had experienced it at his residence. In order to lure the criminals into his house, he parked his car down the street so it would appear he was not home. The bait was offered and on Thanksgiving 2012 two teens broke into his home through a window. Smith had barricaded himself in his basement and was armed with a Ruger Mini-14 and a small caliber revolver. The first teen, Nick Brady came down the basement stairs and was shot three times with the Ruger Mini-14. The third shot was a lethal shot to the head. The second teen, Haily Kifer, would come down the stairs several minutes later. Smith shot her six times with the final shot being taken nearly at point blank range, under the chin and into her head. Smith did not call 911 but his neighbor did after Smith told him he solved the robbery problem.
He was arrested and booked on first degree murder charges. A jury of twelve convicted him of two premeditated murder charges and he will spend the rest of his natural life in prison. The unanimous verdict was largely driven by him moving his car from his home which they considered to be premeditated.
Castle Doctrine By State
| State | Castle Doctrine | State Gun Laws |
| Alabama | Yes | AL Code |
| Alaska | Yes | AK Code |
| Arizona | Yes | AZ Code |
| Arkansas | Yes | AR Code |
| California | Yes | CA Code |
| Colorado | Yes | CO Code |
| Connecticut | Yes | CT Code |
| Delaware | Yes | DE Code |
| District of Columbia | No | DC Code |
| Florida | Yes | FL Code |
| Georgia | Yes | GA Code |
| Hawaii | Yes | HI Code |
| Idaho | Yes | ID Code |
| Illinois | Yes | IL Code |
| Indiana | Yes | IN Code |
| Iowa | Yes | IA Code |
| Kansas | Yes | KS Code |
| Kentucky | Yes | KY Code |
| Louisiana | Yes | LA Code |
| Maine | Yes | ME Code |
| Maryland | Yes | MD Code |
| Massachusetts | Yes | MA Code |
| Michigan | Yes | MI Code |
| Minnesota | Partial | MN Code |
| Mississippi | Yes | MS Code |
| Missouri | Yes | MO Code |
| Montana | Yes | MT Code |
| Nebraska | Yes | NE Code |
| Nevada | Yes | NV Code |
| New Hampshire | Yes | NH Code |
| New Jersey | Yes | NJ Code |
| New Mexico | No | NM Code |
| New York | Partial | NY Code |
| North Carolina | Yes | NC Code |
| North Dakota | Yes | ND Code |
| Ohio | Yes | OH Code |
| Oklahoma | Yes | OK Code |
| Oregon | No | OR Code |
| Pennsylvania | Yes | PA Code |
| Rhode Island | Yes | RI Code |
| South Carolina | Yes | SC Code |
| South Dakota | Yes | SD Code |
| Tennessee | Yes | TN Code |
| Texas | Yes | TX Code |
| Utah | Yes | UT Code |
| Vermont | No | VT Code |
| Virginia | No | VA Code |
| Washington | No | WA Code |
| West Virginia | Yes | WV Code |
| Wisconsin | Yes | WI Code |
| Wyoming | Yes | WY Code |
Closing
I am not an attorney. And I didn’t stay at a Holiday Inn Express last night. Nothing in this blog post should be construed as legal advice. I recommend you speak with an attorney if you have questions about Castle Doctrine.
Until next time, keep the shiny side up, your knees in the wind and always carry your club!
Molon Labe,
The Original Grey Beard Biker™️
gbb@TheGreyBeardBiker.com
@Yadi_Molina4 on X