Home Invasion: How Does ‘Stand Your Ground’ or Castle Doctrine Apply?

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If someone kicks in the door of your home and tries to enter, are you allowed to shoot? Concealed Carry Magazine Executive Editor Kevin Michalowski and former criminal defense attorney Tom Grieve break down a simulated home invasion.

As is often the case in such a scenario, the answer to the question “Can I shoot?” is … it depends. It depends on the laws in your state and the specific situation you find yourself in. But we do have some tips for you.

Can You Shoot a Home Invader?

In a Castle Doctrine state, if someone you don’t know enters your home, it is legal to draw your firearm. That’s not to say you won’t face legal troubles, but it’s certainly less likely. If your state has a duty to retreat, however, it’s probably not legal.

One thing the trainee did well was to issue strong verbal commands while reaching for the gun she kept on her. However, to avoid additional legal trouble, do not follow the intruder outside of the house. Witnesses will only see you pointing a gun at someone exiting your home. In addition, you don’t know who might be outside to help the intruder.

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About Tom Grieve

Tom Grieve is a highly awarded former state prosecutor who started Grieve Law, LLC, which is now one of the largest criminal-defense firms in Wisconsin. He is respected as one of the top criminal-defense lawyers in the state and has developed a nuanced understanding of Wisconsin firearms laws throughout his years of experience. Although Tom’s legal background speaks for itself, he has gone above and beyond the call of duty, receiving his certification as a firearms instructor, participating as a regular speaker and panelist with the USCCA for live broadcasts, training videos and national expos, and even serving as a speaker and analyst on numerous radio stations, television stations, and both college and law school campuses.

About Kevin Michalowski

Executive Editor of Concealed Carry Magazine Kevin Michalowski is a USCCA and NRA Certified Trainer. He has attended training as both instructor and student in multiple disciplines, including pistol, rifle, shotgun, empty-hand defense and rapid response to the active shooter. Kevin is also a fully certified part-time law enforcement officer in rural Wisconsin.

The information contained on this website is provided as a service to USCCA, Inc. Members and the concealed carry community and does not constitute legal advice. Although we attempt to address all areas of concealed carry laws in all states, we make no claims, representations, warranties, promises or guarantees as to the accuracy, completeness or adequacy of the information disclosed. Legal advice must always be tailored to the individual facts and circumstances of each individual case. Laws are constantly changing, and, as such, nothing contained on this website should be used as a substitute for the advice of a lawyer for a specific case.

 

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