Laws involving the "Castle Doctrine" for home owners, or the ability to protect oneself from outside intruders, have been broadened in recent years to provide protections and extend gun rights in areas outside the home. This presentation is a brief introduction to the concept with reference to some high-profile cases. Cover Art: Drake Dunaway

3. AMERICA’S FASCINATION WITH FIREARMS
• 39% of American households own a
gun in 2010
• Ownership rate peaked at 51% in
1977
• White (44%) vs. Non-White (27%)
• Peak years for ownership (50-64)
• Big disparities by region
 East (22%)
 Midwest (39%)
 South (50%)
 West (37%)
• Disparities between Republicans and
Democrats (49% vs. 35%) SOURCE: Gallup, Inc.

4. MORE STATISTICS ON FIREARMS
• # of guns owned by private civilians
(270M – 310M)
• Military firearms (2.7M)
• Police firearms (1.15M)
• Total # of gun deaths in 2011 (32K+)
• In the U.S., you are permitted to:
 own/possess a handgun
 own/possess (semi)automatic
weapons (subject to federal
licensing/registration)
SOURCE: www.gunpolicy.org

5. ORIGINS OF THE CASTLE DOCTRINE
• Common law theory of justification
• Allows an individual to use reasonable
force to defend self or others against
attack from intruders who have an
intent to harm/kill
• May use deadly force if necessary
• Early forms of the Castle Doctrine
placed the burden on the non-
aggressor to retreat to a safe place if
no harm was imminent
• The common benchmark toward
justification of use of force was
whether your “back was against the
wall”
• Many states view the home as a
special sanctity and do not mandate a
“duty to retreat” (original phrase from
Oliver Wendell Holmes)
• Does not cover those who have a legal
right to enter the dwelling

6. SOME AREAS EVEN GO ONE STEP FURTHER…

7. KENNESAW, GA
• In 1982, the city passed
an ordinance (Sec. 34-
21) applying to
protection of one’s
home
• Requires homeowners
to actually own a gun
and ammunition
• Not strictly enforced
• Dramatic effects on
crime deterrence

8. CASTLE DOCTRINE IN THE NEWS A
LOT THESE DAYS

9. TRAYVON MARTIN/GEORGE
ZIMMERMAN CASE
• In Feb. 2012, Martin (top) was shot/killed by Zimmerman
(lower) after a brief altercation in the neighborhood that
Zimmerman was patrolling.
• Under Florida’s “Stand Your Ground” law, Zimmerman
was not charged based on his claims that he was in fear
of his safety.
• “Stand Your Ground” represents a broadening of the
Castle Doctrine, in that it extends the zone of protection
from the home to any public area.
• Case was further complicated by Zimmerman’s hiring for
neighborhood patrol by a local HOA.
• Remains one of the most controversial test cases
challenging the protections granted under “Stand Your
Ground”

10. OSCAR PISTORIUS “BLADE RUNNER”
• Pistorius, a South African Olympian,
shot/killed his girlfriend in Feb. 2013
at night after believing she was an
intruder.
• Legally, he was on safe ground to do
so if the “intruder” claim was proven
to be true.
• Presently on trial amid evidence
laying doubt to these claims.

11. JOE HORN
• Resides in Pasadena, TX
• In 2008, caught two burglars breaking into his
neighbor’s home
• Made 911 call clearly describing the problem
• Not clear whether he was personally in danger
• Burglars stole property…did not take life
• Shot burglars after they entered his yard,
despite 911 dispatch’s instructions to put down
his weapon
• Grand jury did not seek an
indictment/prosecution against Mr. Horn
• Case proved to be controversial

12. CONNECTION TO HOME INVASIONS
• In many jurisdictions, home invasion is
not defined per se.
• The offense is something that occurs
after a burglary or unlawful entry.
• Differs from burglaries in ways of having
a violent intent
• Some states have introduced bills to
recognize this as a new form of capital
crime
• Mostly confined to the U.S.

13. STATES WITH EXISTING CASTLE
DOCTRINE LAWS
Source: themilwaukeedrum.com

14. REASONABLE PRUDENT PERSON
STANDARD
• Asks “What would a
reasonable person do in
similar circumstances
under the same attack or
threat?”
• Usually up to
prosecutorial discretion,
but backed by case law
• Must assume the
perspective of a person
with average skill,
knowledge and judgment

15. FLORIDA’S PERSONAL PROTECTION BILL:
AN EXPANSION OF THE CASTLE DOCTRINE
• Expanding the right to self-
defense to “anywhere that you
have the right to be”
• Broaden the situations
involving use of deadly force to
circumstances in which only
property is threatened
• Providing blanket immunity for
both criminal and civil cases
for use of force permitted
under Castle Doctrine

16. POTENTIAL PLACES TO WHICH CASTLE
DOCTRINE LAWS CAN EXTEND
• Parks
• Parking Lots
• Campsites/Tents
• Workplace

17. AT ISSUE WITH THE ONGOING DISCUSSION
ABOUT THE CASTLE DOCTRINE
• No real empirical research on Castle Doctrine’s
effect on deterring crime
• The irony of the Doctrine’s effect on citizen vs.
law enforcement powers
• Immunity from civil lawsuits in Castle Doctrine
cases remains an issue in some states
• What do incidents such as the Sandy Hook
massacre have on the re-thinking of Castle
Doctrine?
• Will gun control efforts spread toward a
weakening of the Doctrine?

18. ANY FURTHER QUESTIONS?