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Good afternoon bikers, patriots and Second Amendment supporters. I hope your week is off to a good start. But where do the weekends go? I was able to get about 300 miles in over the weekend, but it was hot and humid here. In fact, sultry probably describes it best. This Thursday I will be heading to the Smoky Mountains with a group of buddies to ride. I will work on a destination blog post when I get back.

In an article my article on Home Defense Basics, this past 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:

  1. Anyone that lives in the residence would be excluded from Castle Doctrine
  2. A spouse or significant other would be excluded from Castle Doctrine
  3. 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)
  4. You may be in legal jeopardy if you shoot someone who is trying to flee the house after encountering them

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 9-11 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

StateCastle DoctrineState Gun Laws
AlabamaYesAL Code
AlaskaYesAK Code
ArizonaYesAZ Code
ArkansasYesAR Code
CaliforniaNoCA Code
ColoradoNoCO Code
ConnecticutYesCT Code
DelawareNoDE Code
District of ColumbiaNo
FloridaYesFL Code
GeorgiaYesGA Code
HawaiiNoHI Code
IdahoYesID Code
IllinoisNoIL Code
IndianaYesIN Code
IowaNoIA Code
KansasYesKS Code
KentuckyYesKY Code
LouisianaYesLA Code
MaineYesME Code
MarylandYesMD Code
MassachusettsNoMA Code
MichiganYesMI Code
MinnesotaNoMN Code
MississippiYesMS Code
MissouriYesMO Code
MontanaYesMT Code
NebraskaNoNE Code
NevadaYesNV Code
New HampshireYesNH Code
New JerseyPartialNJ Code
New MexicoNoNM Code
New YorkNoNY Code
North CarolinaYesNC Code
North DakotaYesND Code
OhioYesOH Code
OklahomaYesOK Code
OregonNoOR Code
PennsylvaniaYesPA Code
Rhode IslandNoRI Code
South CarolinaYesSC Code
South DakotaYesSD Code
TennesseeYesTN Code
TexasYesTX Code
UtahYesUT Code
VermontNoVT Code
VirginiaNoVA Code
WashingtonNoWA Code
West VirginiaYesWV Code
WisconsinYesWI Code
WyomingYesWY Code
State-by-State Castle Doctrine Codes

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 carry often!

Grey Beard Biker
gbb@TheGreyBeardBiker.com
@GreyBeard_Biker on the Twitter @TheGreyBeardBiker on Parler

Greetings and salutations bikers, Second Amendment advocates, Patriots and God Fearing Americans! Unless you live under a rock – or a bunker in the mountains – you are aware of the #Marxist #Anarchists taking to the streets of America. These assnozzles do not care about your safety or your personal property. While they have typically stayed in the downtown urban areas of our larger cities, there have been cases of them wandering into neighborhoods to create chaos and fear. While it is unlikely you will ever experience a Black Lives Matter (#BLM) or #Antifa riot near your castle, you may well experience a home invasion or robbery. Have you done all the things you can do to protect yourself and your home? There are plenty of things everyone should do to secure their bunker.

The Second Amendment in Action – but firearms aren’t always your best option!

Firearms are not your only protection

Secure your home with the simple things first. Use your firearms only as a last resort.

  1. Make sure all of your windows are locked – especially those on the ground floor
  2. If you have sliding glass doors, use a heavy doll rod, cut to proper length, in the lower channel of the sliding glass door to prevent it from being forced open
  3. If you don’t already have them, install commercial grade deadbolt locks on all exterior doors (the deadbolt locks sold by big box hardware stores are not commercial grade)
  4. Install adequate security lighting around your home’s exterior – most bad guys prefer to work in the dark
  5. Invest in a canned-air horn, like what is used by pleasure boaters (a couple of quick blasts of one of these horns will probably scare a home intruder away)
  6. If you do not have a home alarm system, consider having one installed. Besides securing your home more completely, you may also save a fairly significant amount of cash on your homeowner’s insurance

Once your home is secure, you need to consider your home defense plan in the event a bad guy is inside. The most important thing is for your family to come together in one place. My house is a two story structure with all of the bedrooms on one level. The meeting place, if I had other people living here, would the master bedroom. By having everyone assemble in one location, in the event of an emergency, a headcount can be quickly taken – insuring that everyone is accounted for. Once everyone is accounted for, barricade your family in the room. I have a dresser I can slide in front of the doors. Call 9-1-1. Remember, there is no need to search out danger. Stay put and protect your family.

Now that my children are adults, and are out of the house, I keep a pistol on my night stand beside my bed (cocked and locked with one in the pipe), an AR-15 with 208 grain subsonic loads next to my nightstand (cocked and locked with one in the pipe and 30 extras in the magazine) and a loaded shotgun under the bed. There are other pistols in a small gun safe in my master bedroom closet. But is a pistol the best choice for protecting yourself, and your family, within your home? My suggestion is to consider having a shotgun close by. Once you’re barricaded in your family’s gathering area, there is nothing that will cause the bad guy to turn and run like the sound of a shotgun being cycled. If you have done your job, up to this point, when the shit bag is trying to get through your barricade, he may well have an epiphany when he hears you cycle a round into the chamber of your shotgun. At this point, he may just turn tail and run into the police, who you recently called.

There has been a lot of debate about what type of load you should use in a shotgun for home defense. I prefer something with a lot of pellets for the first couple of rounds. #6 or #7.5 shot is a perfect choice. In the heat-of-the-moment, if you were to need to engage a bad guy, there is plenty of energy in this type of load to quickly stop an intruder and give them second thoughts about staying around. From close range it is quite lethal and the blast pattern is effective. But, in the event that this does not stop the bad guy, the last couple of shells in my shotgun are #00 buckshot. If it gets to this point, one of these rounds will stop the most strung out zombie in its tracks. And in the event that it is an actual zombie apocalypse, I still have my trusty AR-15 nearby.

In summary, have a plan for you and your family. Make sure all of your family members know where the gathering place is in the event of a break in. Once all of your family members are sheltered together, call 9-1-1. Give a couple of blasts on your canned-air horn. Do not search out the bad guy – let him come to you. Practice your plan a couple of times each year so your family instinctively follows the plan.

My next blog post will take this article as step further with a discussion of what you need to know about the realities of Castle Doctrine – there are some limitations. Don’t miss it.

Until we chat again, keep the shiny side to the sun and never leave your cave without your club – you know no smart caveman would ever do such a thing!

Grey Beard Biker
gbb@TheGreyBeardBiker.com
@GreyBeard_Biker on the Twitter – @TheGreyBeardBiker on Parler