Home » Castle Doctrine » Recent Articles:

What is the "Castle Doctrine" and does it apply in Arizona?

January 19, 2010 Castle Doctrine, State Firearms Laws, Use of Force Issues Comments Off

Question:  What is the “Castle Doctrine” and does it apply in Arizona?

Answer: The “Castle Doctrine” or “Defense of Habitation” laws are a legal concept that derive from English Common Law.  Under this concept, one’s place of residence is considered to be a place where a person is protected against illegal trespass and violent attack.  In most states, it provides for the legal right to use deadly force to defend one’s home and any innocent persons inside the home.  It also provides that this same deadly force can be used to defend against an illegal intrusion into the home that may lead to a violent attack.

In Arizona, we do have a “Castle Doctrine”.  It applies to a person’s residence or workplace, which may be either permanent or temporary.  The doctrine would apply not only to your permanent home, but would also apply to a hotel room that you might be temporarily treating as “home”.  In Arizona, the doctrine extends to your vehicle as well, if an attempt is being made to remove you from your vehicle by force.

Some have referred to this doctrine as the “Make My Day Law”.  This reference comes from the 1983 movie “Sudden Impact” and was part of a challenge delivered to a criminal about to be apprehended by Detective Harry Callahan, a character in the movie played by Clint Eastwood.

In general, the following conditions must apply if the Castle Doctrine is to be used in claiming justifiable homicide:

  • The intruder must be attempting to or have made unlawful and forcible entry into an occupied home, business or vehicle.
  • The occupants must have a reasonable belief that the intruder is entering with the intention of committing a felony crime such as burglary.
  • The occupants must have a reasonable belief that they are in danger of serious injury or death at the hands of the intruder.
  • The occupants must be innocent of any provocation and cannot have instigated the intrusion or initiated the event by a threat of deadly force.

Some states have stronger laws supporting a Castle Doctrine, while others have weaker ones.  Arizona has a strong Castle Law and follows the conditions above in applying their law.  Additionally, in Arizona, a person is legally able to “stand their ground” in the face of an attack and is under no obligation to retreat prior to using deadly force in self defense.

Currently Idaho, Illinois, Montana, New York, Pennsylvania and South Dakota have weaker positions on the Castle Doctrine.  A few states have no Castle Doctrine.  Those states include Iowa, Nebraska, New Mexico, Virginia and Washington, DC.

VN:F [1.9.22_1171]
Rating: 8.6/10 (48 votes cast)
VN:F [1.9.22_1171]
Rating: +23 (from 27 votes)

Elderly Homeowners, Attempted Burglary and the Castle Doctrine…

Question: My mother is over 65 and in ill health and has been tormented by numerous attempts by someone to either (peep) in her windows; tamper with the windows, etc.  She is thinking of purchasing a firearm for protection since my father, who is 73 and still works, travels away from the home 4 days a week.  I am afraid that if she does get a firearm and someone tries to break into her home she will be so terrified as to shoot and ask questions later.  Please advise.

Answer: It’s a sad commentary, but in many cases the elderly are targeted by criminals since they are generally one of the more weak and potentially helpless members of our community.  A former student of mine just told me about an incident where there was an attempted home invasion at his father’s house.  You mother should certainly take some steps to protect herself.  One thing she may want to consider is purchasing a burglar alarm that she can activate with a panic button remote that she can keep on her person when she is at home.

If she is intent on purchasing a gun, I’d recommend that she get some training with it and consider attending an Arizona Concealed Weapons Permit course, not so that she can carry concealed, but rather so that she has a better understanding of the laws that govern the use of deadly force and when it can justifiably be used.  We see a lot of older men and women in our courses for this reason.

If she did purchase a gun for her own protection, should someone break into her home she would be justified in using the firearm in self defense if the burglar entered her home illegally and she was in reasonable fear of serious injury, sexual assault or being killed.  As far as shooting first and asking questions later, as long as the criminal was inside her home, she would be on pretty firm legal ground.  If they were still outside, there is an argument that could be made that there was no ‘credible’ threat until the criminal entered her home and she was therefore not justified in using lethal force.  One of the reasons for taking the class is to understand under what circumstances she can legally defend herself.

Overall, I’d suggest the burglar alarm route first, but would have no problem with the firearm as long as she had proper training.

VN:F [1.9.22_1171]
Rating: 9.6/10 (18 votes cast)
VN:F [1.9.22_1171]
Rating: +13 (from 15 votes)

Featured Content:

We are back after quite a long break…

May 16, 2013

Hello to all of our readers! After a long hiatus, we will be updating the site again.  Look for lots of new content to be added over the coming weeks.  We will also be updating older posts to reflect the current Arizona CCW laws. Thanks for your patience. Doug Little, Owner and Director of Training [...]

What did the “Campus Concealed Carry” bill really say and why did the Governor veto it?

May 5, 2011

Senate Bill 1467 was a very simply bill.  It would have simply amended the existing ARS statute 13-2911 with a single substantive paragraph.  The paragraph would have preserved the rights of the governing board of an educational institution to adopt rules to preserve public order on that institutions property which would govern the conduct of [...]

Governor Brewer Signs Multiple New Firearms Laws in Arizona.

May 5, 2011

Governor Jan Brewer signed a total of six new firearms related laws in the days following the end of the current session of the Arizona Legislature.  While some of the most controversial laws, specifically the Firearms Omnibus Bill and Campus Concealed Carry bills were vetoed by Governor Brewer, below you can find a synopsis of [...]

U.S. House of Representatives Considering National Right to Carry Reciprocity Bill…

May 4, 2011

Urge Your Representative To Cosponsor H.R. 822, The National Right to Carry Reciprocity Act Of 2011 Friday, April 08, 2011 Congressmen Cliff Stearns (R-Fla.) and Heath Shuler (D-N.C.) have introduced vital legislation that will enable millions of permit holders to exercise their right to self-defense while traveling outside their home states. There are now only [...]

Problems with Interstate Firearms Transfers

July 20, 2010

Question:  I have bought a gun from an individual through Gunsamerica.( Gunsamerica is the broker).  I, the buyer live in Tennessee. The seller lives in Ohio.  I sent him a copy of the a local dealer’s FLL and a check for the gun. The local dealer requested a copy of the seller’s drivers license.   The [...]

Best Caliber Handgun for Self-Defense

July 20, 2010

Question:  I am wondering what would be the most effective handgun to carry in an apocalyptic, doomsday type scenario. I’ve read the .45 has the best knockdown power, the .357 has the best metal penetrating ability, and the 9mm would be the most common ammunition around.  I’m fairly sure that each of the above calibers [...]

Felony Conviction and Federal Home Protection Act

July 20, 2010

Question:  I am a felon and had to do a prison sentence.  My house was broke into twice while I was in bed asleep and both times I fled the home for my safety.  The police are telling me there is no true way to protect myself inside my home and that felons cannot possess [...]

Arizona Constitutional Carry About to Become Law…

April 15, 2010

A bill that would eliminate the requirement for Arizona residents to have a permit in order to carry a concealed weapon in Arizona has passed both houses of the Arizona Legislature and is awaiting Governor Jan Brewer’s signature before it becomes law.  If signed by the governor, the new law would take effect 90 days [...]

Open Carry in a Vehicle in Arizona

March 25, 2010

Question:  I am coming from out of state and was wondering if it was legal for me to open carry in the state even though I don’t have an Arizona CCW permit.  My other question is can I open carry in a car or does the handgun have to be cased and loaded? Answer:  You [...]

Felony Conviction and Firearms Possession…

March 8, 2010

Question:  I was convicted of a felony in 1998.  Can I legally possess a firearm? Answer: Since you didn’t tell me where you lived, I will have to assume that you are in Arizona.  Unless you have had your felony conviction set aside, you cannot legally possess a firearm.  Since it has been a very [...]