# Castle Doctrine?



## SGTRick1775 (May 7, 2008)

I've been told that under Florida law we are protected under the "Castle Doctrine" which roughly states that we do not have to "flee" is someone comes into our house, we are authorized to shoot and kill whether or not the intruder poses a threat to our life.

Is this true? And if so where I can I read the law?

Thanks


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## submoa (Dec 16, 2007)

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=Ch0776/ch0776.htm



> *776.012 Use of force in defense of person*.-A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:
> 
> (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
> 
> ...


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## Todd (Jul 3, 2006)

Gotta love Florida. :smt023


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## kenn (Dec 13, 2007)

Texas' is very similar.


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## AirForceShooter (May 6, 2006)

In Florida don't forget the "Stand Your Ground" law.
Essentially the Castle but outside your home.

AFS


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## SGTRick1775 (May 7, 2008)

thanks alot submoa, that motivates the hell outta me!!! Theres no way I could ever live in states like california!


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## Baldy (Jun 21, 2006)

Go to this web site and buy this mans book. It will help you understand the laws in Florida. He is a Lawyer and tells you what is up on all the different laws. I carry his phone number in my pocket. Everbody who carries in this state should.:smt1099
http://www.floridafirearmslaw.com/


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## JeffWard (Aug 24, 2007)

Just added that number to my wallet too.

JW


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## kenn (Dec 13, 2007)

I wonder if it's like this in Texas..

_"In that case Florida law usually allows the weapon or firearm to be legally kept 'securely encased" in the vehicle, although there are some exceptions. *The simplest and most common definition of "securely encased" means it is in a holster or gun rug that is snapped, zipped, or strapped, or in a box or container with a closed lid or top so that the lid or top must be physically opened in order to use or fire the weapon.* Securely encased would also allow the firearm or weapon to be placed inside a closed glove compartment or closed console of a vehicle. The firearm may be fully loaded at the time, however, it cannot be concealed on your person unless you also have a CWP._"

I just tote my roscoe in the center console.

I was going to install a holster in the driver side magazine holder.
(Taurus PT111)
Will that be securely encased enough?


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## cbrgator (Aug 21, 2007)

One thing I'd to add is that if an intruder enters your home and you kill him, CRIMINALLY, you will not be convicted of any crimes. But...... CIVILLY you will almost undoubtedly be sued and will often lose the suit if you cannot prove the intruder was a threat (i.e carrying a weapon etc.). In reality though, when in doubt take the shot as no amount of money is worth the safety of you and family.


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## teknoid (Mar 12, 2007)

cbrgator said:


> One thing I'd to add is that if an intruder enters your home and you kill him, CRIMINALLY, you will not be convicted of any crimes. But...... CIVILLY you will almost undoubtedly be sued and will often lose the suit if you cannot prove the intruder was a threat (i.e carrying a weapon etc.). In reality though, when in doubt take the shot as no amount of money is worth the safety of you and family.


That would be a pretty weak Castle Doctrine law. I know that in KY, if no criminal charges are filed, you're immune from civil charges. It should be that way everywhere, too bad it isn't.


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## Mike Barham (Mar 30, 2006)

cbrgator said:


> One thing I'd to add is that if an intruder enters your home and you kill him, CRIMINALLY, you will not be convicted of any crimes. But...... CIVILLY you will almost undoubtedly be sued and will often lose the suit if you cannot prove the intruder was a threat (i.e carrying a weapon etc.). In reality though, when in doubt take the shot as no amount of money is worth the safety of you and family.


From *submoa*'s informative post above:

_776.032 Immunity from criminal prosecution and civil action for justifiable use of force.-

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, . . . _


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## teknoid (Mar 12, 2007)

> 776.032 Immunity from criminal prosecution and civil action for justifiable use of force.-
> 
> (1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, . . .


That's what I thought. Same as KY. Glad to see the law has some sense to it.


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## cbrgator (Aug 21, 2007)

I know that that is the law. But the two are not mutually exclusive. Even if you are not prosecuted criminally, you can still be sued and the plaintiffs will try and prove whether or not it was a justifiable use of force in civil court. Not being prosecuted by the government does not protect you from a civil suit.


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## darbo (Oct 3, 2011)

You might want to lose the term "shoot to kill". The idea is to shoot to stop the threat. If the bg dies then so be it. But if you shoot and he is no longer a threat, dead or alive, you really should stop shooting.


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## jframe (Apr 3, 2009)

Under Missouri's Castle Doctrine Law the state is required to provide your defense if you are sued in a civil court after a shooting protecting your home.


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