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Posted: 1/30/2006 7:01:04 PM EDT
Does Michigan have any sort of Castle law....
Link Posted: 1/31/2006 2:44:08 AM EDT
yes
Link Posted: 1/31/2006 2:17:36 PM EDT
Yes and no....
You cant shoot just to protect your property, you must try to retreat and then if you are cornered and truly fear you have no other option you can defend yourself.

Realize though...

You did NOT shoot to kill, you shot to stop aggression!
Then ask to speak to your attorney.
Link Posted: 1/31/2006 4:03:02 PM EDT
"I felt my life was in danger. I would now like to speak to my attorney"
Link Posted: 1/31/2006 4:40:05 PM EDT
[Last Edit: 1/31/2006 4:43:25 PM EDT by Mudboy]
In the state of Michigan you have NO legal duty to retreat when INSIDE your own home or dwelling (which is your "castle"). Your front porch, back porch, or yard are not part of your castle.

Outside of "your castle" you have the duty to retreat if possible.
Link Posted: 1/31/2006 6:18:32 PM EDT
Mudboy.
I would check your facts.
In my CCW class the instructor, lawyer and LE all told us you can't shoot to defend your property.

I am not a lawyer so I cant say this is 100% but I am about 98% sure it is accurate.

FL you can defend your property, MI I am pretty sure you can't.
Link Posted: 2/1/2006 11:13:05 AM EDT
i took some pre-law classes too many years ago, but i do remember the self defense law. if you do not have an exit, then you may defend your self with equal means of aggression. i was told you can't use a gun against a guy without a weapon. but again, it would come down to how you perceived the threat and if you thought you were in danger of losing your life.

pretty shitty.
Link Posted: 2/1/2006 1:12:31 PM EDT
My Uncle once told me (who btw was an ATF Officer) said "I would rather be judged by twelve then carried by six"

Link Posted: 2/1/2006 1:13:48 PM EDT

Originally Posted By GDITheman:
...i was told you can't use a gun against a guy without a weapon....



Well, if there is a disporportionate size difference, this becomes a little gray.

If you are 100lb woman being man handled by an unarmed 300lb gorilla, I think deadly force would be justifiable.
Link Posted: 2/1/2006 6:33:43 PM EDT

Originally Posted By GunnFixr:

Originally Posted By GDITheman:
...i was told you can't use a gun against a guy without a weapon....



Well, if there is a disporportionate size difference, this becomes a little gray.

If you are 100lb woman being man handled by an unarmed 300lb gorilla, I think deadly force would be justifiable.



exactly why i wrote this sentence, " but again, it would come down to how you perceived the threat and if you thought you were in danger of losing your life."
Link Posted: 2/1/2006 7:22:16 PM EDT
The Castle Doctrine or law is not about shooting to defend your "property", nor was that implied in my previous post. It allows me to use deadly force to protect myself and others while in my "castle". If someone unlawfully or forceably enters my "castle", then my use of deadly force is justifiable under this law. The castle law does not require me to retreat while in my "castle".

If you don't know your rights, then you don't have any.
Link Posted: 2/1/2006 9:26:09 PM EDT
Then no Michigan does not have the castle law as someone can break into your house and steal the TV you are watching from right in front of you, and you cant use force to stop them unless they put you in fear of your life and you are unable to retreat.
Link Posted: 2/2/2006 2:19:37 AM EDT
JYogi once you are in your dwelling you DO NOT have to retreat that IS the "CASTLE" law/doctrine. The only time a person can use deadly force is when you are in fear of your life anyone else. Protecting property has nothing to do with the castle doctrine.
Link Posted: 2/2/2006 4:09:12 AM EDT

Originally Posted By JYogi:
Then no Michigan does not have the castle law as someone can break into your house and steal the TV you are watching from right in front of you, and you cant use force to stop them unless they put you in fear of your life and you are unable to retreat.



Once again for the cheap seats.
Yes, Michigan DOES have the Castle Law, but NO it does not apply to property. Once someone forces their way into your home you ARE NOT REQUIRED to retreat prior to using deadly force to PROTECT YOURSELF.

Television has nothing to do with this, nor does the protection of physical property.
Link Posted: 2/2/2006 4:22:21 AM EDT

Originally Posted By MaddMan:
JYogi once you are in your dwelling you DO NOT have to retreat that IS the "CASTLE" law/doctrine. The only time a person can use deadly force is when you are in fear of your life anyone else. Protecting property has nothing to do with the castle doctrine.



exactly. Nobody is saying a castle law means 'all bets are off, shoot any MF'er that steps through the door if you feel like it'. It simply means you don't have to retreat from the living room to the hall way, to your master bedroom, to your master bathroom before using deadly force to stop an attack in which you feel your life is in danger.
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