Indiana's Castle Doctrine

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  • Sora

    Plinker
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    0   0   0
    Jan 3, 2017
    6
    1
    Kokomo
    Hey guys!

    I purchased a firearm about a year ago for personal protection of myself and my home and recently I was told by the person who lives next door to us that his home was broken into and his guns and other items were stolen. My friend and I just moved into this house last month and hearing that has made me curious about what exactly the lCastle Doctrine allows and doesn't allow.

    My first question is if I'm here and I hear some one trying to bust down my door and enter my home and he does, am I legally allowed to shoot and defend my home or do I have to wait and see if he truly is a threat and has a weapon on him? God forbid I ever am put in this situation but I just want to make sure I know the Law and not get myself in trouble for trying to protect my house and myself.

    Second question is if I'm not at home but my friend/roomie who lives here with me is home and the above situation happens, if he allowed to use my firearm to protect the house and himself at all?

    Thanks! :)
     

    KellyinAvon

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    6   0   0
    Dec 22, 2012
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    Avon
    Hey guys!

    I purchased a firearm about a year ago for personal protection of myself and my home and recently I was told by the person who lives next door to us that his home was broken into and his guns and other items were stolen. My friend and I just moved into this house last month and hearing that has made me curious about what exactly the lCastle Doctrine allows and doesn't allow.

    My first question is if I'm here and I hear some one trying to bust down my door and enter my home and he does, am I legally allowed to shoot and defend my home or do I have to wait and see if he truly is a threat and has a weapon on him? God forbid I ever am put in this situation but I just want to make sure I know the Law and not get myself in trouble for trying to protect my house and myself.

    Second question is if I'm not at home but my friend/roomie who lives here with me is home and the above situation happens, if he allowed to use my firearm to protect the house and himself at all?

    Thanks! :)

    Hi Sora and welcome to INGO. Straight up, when someone's first post on a gun owners' forum is a question about Castle Doctrine it raises a REALLY ******* BIG flag.

    Any number of us can give chapter and verse on such things as Castle Doctrine, self defense statutes, reasonable force, etc. When I say that when someone's first post on a gun-owners' forum is a question about Castle Doctrine raises a REALLY ******* BIG flag, I mean it.
     

    Mark 1911

    Grandmaster
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    12   0   0
    Jun 6, 2012
    10,931
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    Schererville, IN
    I think it's a fair question, but if you are carrying you really should know the answers to these types of questions. But all of us need to review the law regularly. Can never know too much, and carrying places a huge responsibility on anyone who makes the decision to carry.

    My understanding of castle doctrine is that you do not have an obligation to retreat. However, it does not change the criteria for use of deadly force, and that use of deadly force must be reasonable.
    You can read the code, but as stated above, all of us really should attend a class on laws governing use of deadly force, and since most of us don't retain stuff forever, attend on a regular basis.
    https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-41-3-2.html
     
    Last edited:

    actaeon277

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    Nov 20, 2011
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    Merrillville
    And basically, you can defend a life, stop a violent felony, stop illegal entry into your house.

    But the reason I quoted the class in the post above, was because we can say all kinds of things. Do you want to trust your freedom to that? Tell an officer someone on the internet told you.

    The class cost $$
    But cost a LOT less than either a trial, or reaction delay due to uncertainty.


    I've taken the class twice. (always good to refresh knowledge).
     

    Selfpreservation

    Marksman
    Rating - 0%
    0   0   0
    Sep 13, 2015
    192
    18
    Central
    Hey guys!

    I purchased a firearm about a year ago for personal protection of myself and my home and recently I was told by the person who lives next door to us that his home was broken into and his guns and other items were stolen. My friend and I just moved into this house last month and hearing that has made me curious about what exactly the lCastle Doctrine allows and doesn't allow.

    My first question is if I'm here and I hear some one trying to bust down my door and enter my home and he does, am I legally allowed to shoot and defend my home or do I have to wait and see if he truly is a threat and has a weapon on him? God forbid I ever am put in this situation but I just want to make sure I know the Law and not get myself in trouble for trying to protect my house and myself.

    Second question is if I'm not at home but my friend/roomie who lives here with me is home and the above situation happens, if he allowed to use my firearm to protect the house and himself at all?

    Thanks! :)

    Welcome to forum. Self-defense and firearms ownership should involve instruction. We offer classes that answer your questions and more, and will also give you skills to defend yourself. Not knowing the law can make you hesitate, which can get you hurt or killed. Not knowing the law and using a firearm and get you in prison. Please seek out professional instruction, if not with us then with another quality instructor.

    Here's a link to what we offer: https://www.selfpreservationtraining.com/copy-of-services

    Good luck!
     

    Sora

    Plinker
    Rating - 0%
    0   0   0
    Jan 3, 2017
    6
    1
    Kokomo
    Hi Sora and welcome to INGO. Straight up, when someone's first post on a gun owners' forum is a question about Castle Doctrine it raises a REALLY ******* BIG flag.

    Any number of us can give chapter and verse on such things as Castle Doctrine, self defense statutes, reasonable force, etc. When I say that when someone's first post on a gun-owners' forum is a question about Castle Doctrine raises a REALLY ******* BIG flag, I mean it.

    Yeah it should raise a "REALLY ******** BIG flag". :rolleyes:

    It means I'm wanting to learn and become a responsible lawful gun owner.

    Lol
     

    Kirk Freeman

    Grandmaster
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    8   0   0
    Mar 9, 2008
    47,968
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    Lafayette, Indiana
    "Castle Doctrine" is a confusing misnomer under Indiana law.

    A legal term for an exception that then became a political term.

    You are best advised to forget the term and under the law of self-defense in Indiana.
     

    chezuki

    Human
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    48   0   0
    Mar 18, 2009
    34,151
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    Behind Bars
    Tactical Firearms Training

    ESSENTIALS OF INDIANA GUN LAW
    Saturday, April 28, 2018
    9:00 - 1:00

    Indy Arms Company

    2550 E. 55th St., Indy​​

    e10a54756b13df3086bd16fa71e9db6f30211cd0c2229751c3aab7e155db62d1.jpg
     

    Ark

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    Feb 18, 2017
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    Indy
    Yeah it should raise a "REALLY ******** BIG flag". :rolleyes:

    It means I'm wanting to learn and become a responsible lawful gun owner.

    Lol

    Never ask "can I shoot?".

    The only question you should concern yourself with is "do I have no other option but to shoot?".
     

    Sora

    Plinker
    Rating - 0%
    0   0   0
    Jan 3, 2017
    6
    1
    Kokomo
    Never ask "can I shoot?".

    The only question you should concern yourself with is "do I have no other option but to shoot?".

    Well excuse me for not being a superior human being and knowing what to say and what not to say.

    We should all strive to be you and know every thing and be perfect.
     

    Salty

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    Nov 8, 2015
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    Well excuse me for not being a superior human being and knowing what to say and what not to say.

    We should all strive to be you and know every thing and be perfect.
    Seriously? Ark gave you a simple answer that is right on the mark. He wasn't being snarky, just trying to get to the point. You don't take a life unless you fear for your own life and feel like you have no other choice. Take that however you want.
     

    Ark

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    Feb 18, 2017
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    Seriously? Ark gave you a simple answer that is right on the mark. He wasn't being snarky, just trying to get to the point. You don't take a life unless you fear for your own life and feel like you have no other choice. Take that however you want.

    https://www.youtube.com/watch?v=-j4PS_8R5IE

    I was merely quoting the master. "Immediate, otherwise unavoidable, threat of death or extreme bodily injury to yourself or an innocent". A stricter standard than what is technically allowed in some states, but one that will hold up in most any court in the land and allow you to live with yourself afterwards.
     

    OakRiver

    Grandmaster
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    0   0   0
    Aug 12, 2014
    15,013
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    IN
    It means I'm wanting to learn and become a responsible lawful gun owner.

    Lol
    Welcome to the INGO community.

    Becoming a responsible and lawful gun owner is something that we as a community should always be working towards. I would suggest reading the Indiana statutes on the topic, attending Guy Relford's seminars on IN law around firearms, range time, first aid classes, taking part in defensive pistol leagues to develop your practical skills, and also looking at developing other skills that leverage well with the 2A such as situational awareness, de-escalation, etc.
     

    Sora

    Plinker
    Rating - 0%
    0   0   0
    Jan 3, 2017
    6
    1
    Kokomo
    Welcome to the INGO community.

    Becoming a responsible and lawful gun owner is something that we as a community should always be working towards. I would suggest reading the Indiana statutes on the topic, attending Guy Relford's seminars on IN law around firearms, range time, first aid classes, taking part in defensive pistol leagues to develop your practical skills, and also looking at developing other skills that leverage well with the 2A such as situational awareness, de-escalation, etc.

    Ahh, finally some one who is reasonable and nice.

    Thanks for the information, I'll for sure look into the seminars and some classes. :D
     

    churchmouse

    I still care....Really
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    187   0   0
    Dec 7, 2011
    191,809
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    Speedway area
    Ahh, finally some one who is reasonable and nice.

    Thanks for the information, I'll for sure look into the seminars and some classes. :D

    Ark was reasonable and he was honest with you.
    This forum is full of info. You will find some that can be a bit harsh but Ark was not one of them.
    Ease up new guy. No harm no foul.
     

    actaeon277

    Grandmaster
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    4   0   0
    Nov 20, 2011
    92,860
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    Merrillville
    Ahh, finally some one who is reasonable and nice.

    Thanks for the information, I'll for sure look into the seminars and some classes. :D

    Do yourself a big favor and take a law class like the one that Guy Relford offers. Also you may want to checkout his podcasts.

    https://www.indianagunowners.com/forums/members/tactical+firearms+training.html

    https://itunes.apple.com/us/podcast/the-gun-guy-podcast/id1228316057?mt=2

    I think it's a fair question, but if you are carrying you really should know the answers to these types of questions. But all of us need to review the law regularly. Can never know too much, and carrying places a huge responsibility on anyone who makes the decision to carry.

    My understanding of castle doctrine is that you do not have an obligation to retreat. However, it does not change the criteria for use of deadly force, and that use of deadly force must be reasonable.
    You can read the code, but as stated above, all of us really should attend a class on laws governing use of deadly force, and since most of us don't retain stuff forever, attend on a regular basis.
    https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-41-3-2.html

    Tactical Firearms Training

    ESSENTIALS OF INDIANA GUN LAW
    Saturday, April 28, 2018
    9:00 - 1:00

    Indy Arms Company

    2550 E. 55th St., Indy​​

    And basically, you can defend a life, stop a violent felony, stop illegal entry into your house.

    But the reason I quoted the class in the post above, was because we can say all kinds of things. Do you want to trust your freedom to that? Tell an officer someone on the internet told you.

    The class cost $$
    But cost a LOT less than either a trial, or reaction delay due to uncertainty.


    I've taken the class twice. (always good to refresh knowledge).

    Welcome to forum. Self-defense and firearms ownership should involve instruction. We offer classes that answer your questions and more, and will also give you skills to defend yourself. Not knowing the law can make you hesitate, which can get you hurt or killed. Not knowing the law and using a firearm and get you in prison. Please seek out professional instruction, if not with us then with another quality instructor.

    Here's a link to what we offer: https://www.selfpreservationtraining.com/copy-of-services

    Good luck!

    "Castle Doctrine" is a confusing misnomer under Indiana law.

    A legal term for an exception that then became a political term.

    You are best advised to forget the term and under the law of self-defense in Indiana.

    Never ask "can I shoot?".

    The only question you should concern yourself with is "do I have no other option but to shoot?".

    Looks like a lot of good advice to me.
    Kirk Freeman is even a lawyer, so he does know a little bit about the law.

    And Ark's advise stems from the saying, Every Bullet Has A Lawyer Attached to It.
    Right now there is a woman being sued after shooting to DEFEND a police officer.
    https://www.indianagunowners.com/fo...icer-shooting-assailant-now-getting-sued.html
     
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