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Does WI have a Castle Doctrine??

HandyHamlet

Regular Member
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Nov 17, 2010
Messages
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Terra, Sol
Sometimes we must wait for perfection.

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scm54449

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Joined
Jun 17, 2010
Messages
220
Location
Marshfield, WI
I heard State Representative Dean Kaufert introduced a castle doctrine bill in early January. I believe the bill might be LRB 0392 but I haven't had a chance to confirm.
 
M

McX

Guest
so i guess we have the 'cower in your castle doctrine'.

added on edit; when i'm home i keep the .45 on top the fridge, when i head to bed at 8pm (hey man, i'm old, we do that kind of thing), i put it on top my Bible, on the stand next to my bed. so far God hasnt complained.
 
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XDFDE45

Regular Member
Joined
Jul 18, 2009
Messages
823
Location
Milwaukee, Wisconsin, USA
"no duty to retreat from a place you may lawfully be" law.
I think that is covered in Beard V U.S. which you can read if you click on the "My Castle Doctrine Law" in my sig. I know there are some places that require you to retreat, even in your home IIRC, but I would think a Supreme Court ruling would trump any state/local laws requiring you to retreat. If I'm wrong on this fell free to chime in.
 

GLOCK21GB

Campaign Veteran
Joined
Apr 22, 2009
Messages
4,347
Location
Green Bay, Wisconsin, USA
so i guess we have the 'cower in your castle doctrine'.

added on edit; when i'm home i keep the .45 on top the fridge, when i head to bed at 8pm (hey man, i'm old, we do that kind of thing), i put it on top my Bible, on the stand next to my bed. so far God hasnt complained.

When I got to bed I put the Glock on top of the Clock Radio, the Base ball bat is next to the bed room door.
 

protias

Regular Member
Joined
Dec 18, 2008
Messages
7,308
Location
SE, WI

Shotgun

Wisconsin Carry, Inc.
Joined
Aug 23, 2006
Messages
2,668
Location
Madison, Wisconsin, USA
There is no "Castle doctrine" in Wisconsin. One can "stand the ground" however, and it applies to being anywhere you are lawfully present. There is no legal obligation to retreat in Wisconsin, however the courts have ruled that if a person uses force in opposition to an unlawful interference with their person, the opportunity to retreat can be considered by a jury to weigh whether the amount of force used was justifiable. Of course that is only one of a number of factors that they will consider when determining whether the amount of force was appropriate.
 

protect our rights

Regular Member
Joined
Feb 17, 2011
Messages
290
Location
Fort Wayne, Indiana
There is no "Castle doctrine" in Wisconsin. One can "stand the ground" however, and it applies to being anywhere you are lawfully present. There is no legal obligation to retreat in Wisconsin, however the courts have ruled that if a person uses force in opposition to an unlawful interference with their person, the opportunity to retreat can be considered by a jury to weigh whether the amount of force used was justifiable. Of course that is only one of a number of factors that they will consider when determining whether the amount of force was appropriate.


They still need to change it. If some BG is willing to commit a felony and break into your house while you and your family sleep, then you should have the right to let him know that you will not be a victim. If you were to run and he somehow hurt one of your family members, people would have to live with that. Law or no law someone breaks into my house they are getting the force needed to stop them dead in their tracks, no pun intended.
 

SIGdude

Regular Member
Joined
Apr 4, 2010
Messages
89
Location
Baraboo, Wisconsin, USA
I guess I have never understood why a federal castle doctrine was never passed. It seems pretty cut and dried to me, all they would have to say is "If you get killed while commiting a crime, consider it an occupational hazard."
 

rcawdor57

Campaign Veteran
Joined
May 18, 2009
Messages
1,643
Location
Wisconsin, USA
We do need a Castle Doctrine in Wisconsin. I was almost arrested a few years back for pointing my SG at an intruder in my home. The detective told me I broke the law. Right. I asked him what he would have done. He told me "We will just let it go at that" and never mentioned it again. (Since he is a police officer he could use his gun without fear of being arrested....nice double standard). That was the last time I talked to the police and I never will again.
 
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