Sponsored By. Background check for private dealers: Yes: Yes: Private dealers of firearms must complete the check through federally licensed dealers in the state. [1] Although Utah passed the first stand-your-ground law in 1994, widespread legislative movement in this area did not begin until 2005, when Florida adopted a stand-your-ground law that became the basis for a model law adopted by the American Legislative Exchange Council. The laws of each state define the legally justifiable ways in which a person can defend themselves with deadly force, the two most common forms of which are called the "Castle Doctrine" and "Duty To Retreat. This principle has been codified and expanded by state legislatures. First, let’s talk about the Castle Doctrine. § 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. Castle Doctrine Theory . Castle Doctrine is similar to “stand your ground,” but is typically limited to real property, including a person’s home, property and, in some states, cars or workplaces. Join the PDN community to access a huge library of personal defense instructional videos: https://www.personaldefensenetwork.com/join/. There are three types of self defense law that exist in the various states, each defining whether, and under what circumstances, deadly force may be used. In the home, under British rule and in present-day America, individual rights are at their highest: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…” Don Kates' reply: The NY Times has run an article on the castle doctrine laws. So, the castle doctrine law allows the use of excessive force for self-protection as long as you are in your home of residence, and you are not the invoker or the instigator of the attack. Most states have some variation of the Castle Doctrine in their laws. Video. Castle Laws are laws that address the use of force when defending one's self inside their home, or on their property. Other states that have adopted their own version of the Castle Doctrine have differences such as including personal vehicles. To put this rather short, it’s based on the idea of someone’s home being their castle and that they have a right to protect that castle. Additionally, your state may allow you to not only protect yourself with deadly force while in your home, but also if you are in … An exception to a rule in place in some jurisdictions that requires a defendant to retreat before using deadly force in self-defense. As I read and watch the news everyday in New York State the crime is tremendous. A castle doctrine is a self-defense law that states that a person’s home (sometimes also a place of work or vehicle) is a place that grants one protections and immunities from prosecution in certain circumstance to use force or deadly force to defend oneself against an intruder. Castle Laws generally include: the places where this law applies, the requirements fro use of deadly force, if there is a duty to retreat, the amount of force that maybe used in defending one's self or others. While New York has a castle doctrine, it is not a “stand your ground” state, which means that Matos had a duty to retreat if possible. The “castle doctrine” allows people in their homes or vehicles, or even in public, in Nevada, to fatally wound intruders or aggressors, even if the intruders or aggressors had no violent intent. The doctrine is an offshoot of self-defense and eliminates the requirement to retreat. 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