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A castle doctrine, also known as a castle law or a defense of habitation law, is a legal doctrine that designates a person's abode or any legally occupied place (for example, an automobile or a home) as a place in which that person has protections and immunities permitting one, in certain circumstances, to use force (up to and including deadly force) to defend oneself against an intruder, free ...
The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use-of-force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes. [2]
Most U.S. jurisdictions have a stand-your-ground law [2] or apply what is known as the castle doctrine, whereby a threatened person need not retreat within his or her own dwelling or place of work. Sometimes this has been the result of court rulings that one need not retreat in a place where one has a special right to be. [ 3 ]
Knock-and-announce rule; Castle doctrine Semayne's Case (January 1, 1604) 5 Coke Rep. 91, is an English common law case reported by Sir Edward Coke , who was then the Attorney General of England . In the United States, it is recognized as establishing the " knock-and-announce " rule.
In the U.S., most states apply instead the stand your ground doctrine of self-defense; whereby an otherwise law abiding individual, while in any location they have a legal right to be, enjoys an extremely broad right to self-defense, being under no legal obligation to retreat from an agressor regardless of ease or ability to do so.
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Maine is a "shall issue" state for citizens and lawful permanent residents who are 18 years or older. Permitless carry took effect on October 12, 2015. Permit required for open carry? No: No: May carry openly without permit, except in state parks and some other locations. Castle Doctrine/Stand Your Ground law? No: No: 17-A M.R.S. § 108
Castle Doctrine Law? Yes* Yes* § 35.20: New York has a castle doctrine law. It allows for the "use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary." [133] Lethal force is governed under §35.15. [134] State preemption of local restrictions? No: No: None: New York preempts only handgun ...