You are correct - it varies by state. The “Castle Doctrine”, which ostensibly gets its name from the phrase, “A man’s home is his castle”, states that you may use deadly force if someone is in your home uninvited or is in the act of breaking into your home. In Texas, that has been affirmed by the courts, and extended to provide that I can use force, including deadly force, to protect my person, family and property from others.
Not going to research your state, but take my advice...if someone is smashing your door in with an axe, shoot them.
General rule of thumb; you need to have a reasonable fear that your life or the life of another is in immediate danger before you can shoot.
Some states also allow for reasonable fear of great bodily harm.
The law varies from State to State.
Don’t make the mistake of confusing the common law Castle Doctrine with a “Stand-your-ground” law. They are two separate things.
The Castle doctrine involves defense in your home (and in some states your vehicle or place of work), and at common law, there was no duty to retreat.
Stand-your-ground laws involve public places. In some places, you have a stand-your-ground right so long as you are not the one who provoked the attack. In others, you simply don’t have a duty to retreat.
You have to consult your State law regarding which applies.
Repeat after me:
“I was in fear for my life!”
1. Assuming you are going to stay in one state, the answer becomes obvious. Check your state’s laws and don’t listen to anyone here. The best intentioned could give you bad info.
2. If you think you are about to die you don’t care about what the laws say.
Here in Crazyfornia they generally have to be across the threshold and you MUST be in “Fear for your LIFE”, you can get away with blasting them as they crash through the door, but it better be evident.
Just Remember
I WAS IN FEAR FOR MY LIFE!! and Nothing Else is said without a Lawyer.
Yes, self-defense laws vary state-by-state. Confusing it even more, your city and county might vary on how vigorously they prosecute state law, as well as other ownership and storage laws.
Best advice, many gun shops offer a regular free or low-cost class on local laws. Look around and see if you can’t find one. Failing that, an hour with a defense attorney who is familiar with gun cases will be educational.
I think there is a website devoted to those kind of questions but I don’t know what it is.
My Great Grandfather killed a man in Florida who had fired at him six times with a sixgun. He was convicted of manslaughter and sentenced to 20 years at Raiford. Apparently he should have counted the shots.
He was treated very well in prison and the Governor gave him a full pardon after a year. That was before Florida had a True Man law.
There are variations in self-defense law among the states, yes. But they are variations, not radical differences.
"For example, I have heard that in North Carolina, where I have friends who carry, an intruder must be inside the door of your home for you to have the right to shoot him;"
You've heard wrong. Your right to self-defense is not dependent on being in your house. In nearly every case, you must be facing an imminent threat of death or serious bodily injury before you can use deadly force in response, whether you are at home or not.
Every state has some form of Castle Doctrine, which only means that you are not required to flee from the threat, if possible, before using force. But it's not a license to use force that isn't justified.
"if he is taking an ax to your front door but he’s not inside your home, You do not have the right to shoot him."
Generally wrong. Taking an axe to your door will be pretty much guaranteed to be seen as proof that you were facing an imminent deadly threat. If you shot him while still outside it may or may not count as in your castle, depending on the state, but again that only affects whether you had a duty to flee.
One of the variations among states is just what counts as your castle. Some it is your curtilage or surrounding property. Some it will be only within your four walls.
"In Florida, however, there is a stand your ground law extending your right to shoot someone outside your home." Most states are "stand your ground" states. Which only means that the same duty to retreat you don't have in your castle, you also don't have in public. But all other requirements of self-defense must still be met.
"What I am thinking about here, is the people who arm themselves in order to defend their local businesses from rioters and looters. If someone is throwing bricks at your store front, can you shoot? Or does he have to come in through the door as a looter, first?"
Most states your business will also fall under the Castle Doctrine. But you don't get to shoot someone just for being there. It's not simply a matter of whether they come in the door. They must represent an imminent deadly threat.
I agree, “ I was in fear for my life”, AND, don’t count your rounds, just go until “click!”, or the slide locks back!
With all due respect, please reflect on that statement. Then, upon reflection, go look up your states laws, which you can find online, get someone to help interpret them if you need, then go to the range immediately, and PRACTICE, PRACTICE, PRACTICE !!! For God's sake man, your gun needs exercise too! :)
I highly recommend that you take a course offered in your state, that explains the state laws to you as they exist. I live in a very blue state, and I took a course at my gun club… Best thing I ever did.
The last thing you wanna ever do is be in any kind of situation and be unaware of what your limitations or options are.
It gives me a good deal of peace of mind to know what the framework is.
Take a really good class in your State on the legal issues of using deadly force.
The good ones will tell you: “You can do everything right and still go to prison for 10 years”
I went to Front Sight in NV and part was taught by a Lawyer.
One of the reasons I don’t have a carry permit is I’m a pretty good shot.
NOT having one probably saved me from legal issues.
Under North Carolina’s castle doctrine, someone has the right to use deadly force to defend his or her home, vehicle, or workplace from an imminent threat.
In my home state of Maryland, I can defend my home, but outside of my home I have a duty to retreat. In my place of business or in my vehicle, I am required by law to run away from a thug if I can safely do so.
Just do a search on the state of interest plus the phrase “castle doctrine” or “duty to retreat”.
Theory: read gun laws for your state and county.
Practice: tell the police, “The person broke into my residence and I felt scared for my life.” Period.
https://www.cottenfirm.com/blog/2020/march/understanding-the-castle-doctrine-your-right-to-/
You own A gun? Answer that first. Fix that first.