Texas Castle Doctrine – What Does It Mean?

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Texas Castle Doctrine – What Does It Mean?

Important article that all gunowners in Texas need to understand. You want to be clear about the ‘Castle Doctrine’ and when you can legitimately use lethal force to protect yourself.

Friday morning’s shooting has raised questions about homeowners’ rights when it comes to protecting themselves.

Under Texas law, a homeowner can shoot and kill an intruder, but there has to be a reason.

Robert Powell is a firearms instructor certified by the National Rifle Association. He teaches at the “Best of the West” shooting range in Liberty Hill. For him, a loaded gun serves not only as protection, but as a right he’s proud to have.

Under a rarely-used legal defense called the’ Castle Doctrine,’ a person has a right to shoot and kill an intruder.

“The intent should not be to kill, but to stop the threat,” Powell said.

Criminal Defense Lawyer David Sheppard said the doctrine is not always clear cut. The law is designed to protect a person during a home invasion or violent attack, but the shooter will likely have to justify why the trigger was pulled. If a jury doesn’t buy it, they could face murder charges. . . .

Read more here.

Iowa Considers Castle Doctrine – State Legislature Considers Removing ‘Duty to Retreat’

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Iowa Considers Castle Doctrine – State Legislature Considers Removing ‘Duty to Retreat’

Important changes to self-defense law in Iowa, otherwise known as the Castle Doctrine.

Iowa is one of the states that requires you to pretty much be cornered to use deadly force. Yesterday, the legislature made steps to correct that lunacy. The state House Public Safety Committee passed House File 573 by a 14 to 7 vote. The legislation will now be sent to the House floor for consideration.

House File 573 would remove a person’s “duty to retreat” from an attacker, allowing law-abiding citizens to stand their ground and protect themselves or their family anywhere they are lawfully present. It would create a presumption that an individual who unlawfully or forcefully enters your dwelling, place of business or employment, or occupied vehicle is there to cause serious bodily injury or death, so the occupant may use force, including deadly force, against that person. HF 573 also would expressly enhance the protections against criminal prosecution and civil lawsuits when justifiable force is used.

Read more here.

Representative Issa Continues to Pursue Answers to Fast and Furious

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Representative Issa Continues to Pursue Answers to Fast and Furious

Rep. Darrell Issa (R-CA), Chairman of the House Committee on Oversight and Government Reform, goes on Fox News to discuss next week’s hearing on Operation Fast and Furious. Patrick Cunningham, Chief of the Criminal Division in the U.S. Attorney’s Office for the District of Arizona, will plead the fifth amendment during next week’s committee hearing.

Legislation Would Strengthen Self-Defense and Use of Reasonable Force – Iowa

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Legislation Would Strengthen Self-Defense and Use of Reasonable Force – Iowa

Not everyone in Iowa agrees with the ‘reasonable force’ legislation. Law enforcement argue against it stating it is too broad and would allow almost anyone to hide behind the law.

A bill bolstering Iowans’ ability to use violent force in response to threats sparked heated debate between law enforcement officials and gun-rights advocates in a House subcommittee meeting Tuesday.

The bill, House File 573, rewrites the law on “reasonable force” so that a person may use force — including deadly force — against someone who they believe threatens to kill or cause serious injury, or who is committing a violent felony. . . .

Read more here.

Homeowner Shoots Self In Foot During Suspected Home Invasion – Natchez MS

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Homeowner Shoots Self In Foot During Suspected Home Invasion – Natchez MS

While investigating what he thought was a home invasion, the homeowner shot himself in the foot with his .357.

Another reminder that even gunowners need to be careful with loaded firearms. Gun safety. Of course, we already know that, but this is a reminder, and the article mentions, that the homeowner was nervous. Keep your finger off the trigger until you are ready to shoot. OK?

Read more here.

Gun Rights and Drugs – The Government Must Prove the Case that Drugs are Linked to Gun Violence

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Gun Rights and Drugs – The Government Must Prove the Case that Drugs are Linked to Gun Violence

Reason magazine discusses the issue of drug use and gun rights. Interesting article, worth a read.

The Federal Criminal Appeals blog reports on a decision from the Fourth Circuit Court of Appeals regarding when the government can use drug possession as an excuse to deny weapons-possession rights. In short, it can’t just assert that there is a good reason to bar drug users from guns: it has to try to prove it. But the Court also seems to think such proof won’t be too hard.

Let’s take a walk through the decision to see what happened and why the Fourth Circuit decided as it did:. . . .

Read more here at Reason magazine.

Reason also discussed in a December article the issue of marijuana users and gun rights.

Read it here.

Concealed Carry Without A Permit – Legal In A Few States, But Not in Colorado

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Concealed Carry Without A Permit – Legal In A Few States, But Not in Colorado

Colorado Senate committee members who considered this bill have rejected it, 3-2, the second year in a row. The same bill is still being considered in the Republican-controlled House. The article describes the concerns on both sides of the issue. Those who argue for it claim that it takes too long to even get a concealed-carry permit, thus, their Second Amendment rights are denied as they are unable to defend themselves. Others argue against it (some law enforcement officers) stating the concealed carry permit is a safeguard against some people (with mental or drug problems) getting a gun. Interesting to read the concerns on both sides.

. . . The bill would allow anyone legally able to have a gun to carry it concealed in public places, including colleges and private schools. Law enforcement officials testified against the bill, saying that removing the need for a concealed-carry permit would eliminate a safeguard authorities have to prevent some people from having weapons. . . .

Read more here.

Gun Rights Legislative Alert – H. 3292 Anti-Gun Rights in South Carolina

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Gun Rights Legislative Alert – H. 3292 Anti-Gun Rights in South Carolina

Anti-gun legislation (gun control) is being considered in South Carolina.

H. 3292 will be on the agenda of the full House Judiciary Committee on Tuesday, Jan 24 at 2:30 pm.

H. 3292 WAS the pro gun constitutional carry bill introduced by Rep. Mike Pitts. BUT, Rep. Thad Viers – the chair of the General Laws subcommittee – gutted the pro gun bill and substituted his Viers amendment. The Viers amendment replaced the Mike Pitts language with unconstitutional gun control. You can read all about the Viers amendment on the GrassRoots web site at www.SCFirearms.org GrassRoots has been prohibited by the court from updating the web site since last April, but the info is still accurate. See our post “What Happened to Grassroots” to the right hand side of our web site. We are acting because Grassroots has been silenced.

Unfortunately, due to the ongoing lawsuit and court restraining order against GrassRoots, GrassRoots can NOT appear at the meeting or contact any politicians explaining how the unconstitutional anti gun Viers amendment needs to be voted down and the GrassRoots proposed amendments to the original H. 3292 be adopted and passed instead. All of this can be found on the GrassRoots web site. . . .

Read more here on the anti-gun rights legislation.

If anyone reading this would like to comment and update us as to what did happen on the vote, please do. Thanks so much.

Armed Robber Shot and Killed By Concealed Weapons Permit Holder – Spartanburg SC

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Armed Robber Shot and Killed By Concealed Weapons Permit Holder – Spartanburg SC

A 19 yr. old armed robber was shot and killed by a concealed weapons permit holder at a Waffle House. What a shame to think that a young man’s life ended this way, but, how many might have been shot, injured, or killed by this armed young man had there been no one in the restaurant with a concealed carry weapon? Thankfully, we will never know.

And, one discovers after reading the story that the concealed weapons carrier showed great restraint. He attempted to hold the two robbers at gunpoint, and he only shot after the robber pointed his gun at them. It was clearly self-defense.

Read more here.