gunguy2009
Regular Member
What kind of Castle Doctrine does WI have? If any....
What kind of Castle Doctrine does WI have? If any....
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."no duty to retreat from a place you may lawfully be" law.
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.
We could also do FL's stand your ground.Pester the legislators to write a Castle Doctrine that extends to your automobile -AND - "no duty to retreat from a place you may lawfully be" law. The wording of such laws may be found on the Utah Department of Public Safety Website. See link:
http://publicsafety.utah.gov/bci/documents/MTC01032011.pdf
This is also the Utah Concealed Firearm Permit Course materials.
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.