Posted on Feb 20, 2020
Does Castle doctrine apply to military housing?
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I live on base and we've had a couple of break-ins in our neighborhood, as well as someone's dog getting beaten to death in their fenced in backyard. I just want to make sure that in the case that anything happens I am legally in the right.
Posted 5 y ago
Responses: 10
I agree with those in the string who say to check with installation law enforcement or the JAG. If you're asking, "can I shoot and kill somebody breaking into my home to do harm to me or my property?", then this is a very sticky question. Service members shouldn't have private weapons in their quarters on some installations. Again check with law enforcement. In many cases State Law applies in post housing areas.
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SGT(P) (Join to see)
I called the provost Marshall's office and Castle doctrine is legal in on post family housing, but not in single soldier barracks. At least in NC
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You are subject to the UCMJ. Under the UCMJ, you can be charged with murder if the act is considered unlawful. One of the elements that changes the act from unlawful to lawful is justified self defense, that is different than than the Castle Doctrine. Self defense requires you retreat from the situation if possible, the Castle doctrine typically doesn't. I am not a lawyer, but in my opinion, you are setting yourself up for failure if your intent is to rely on castle doctrine protecting you. If you can resolve with less than deadly force, you should. Even if it doesn't raise to the level of murder, manslaughter can still be charged even if you are provoked.
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SGT(P) (Join to see)
It should be a last resort in any situation. We should try to settle everything in a civil manner if possible.
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