Castle Doctrine Self-Defense Bill Introduced in Wisconsin
By David Smail
Wisconsin –-(Ammoland.com)- All but one state has granted some form of concealed carry and a growing number of states have returned to full Constitutional freedom in the right of uninfringed Constitutional Carry.
Yet there is another movement sweeping across our land that should also cause great rejoicing.
At this time, 38 states have some level of Castle Doctrine self-defense law. While some are more comprehensive than others, all are of significant benefit.
Self-Defense From Frivolous Prosecution
If you’re not familiar with the Castle Doctrine right of Self-Defense, a very basic description provides immunity from prosecution for an act of self-defense for any person who uses deadly force to stop an aggressor’s attack who has illegally entered his residence. Often this immunity also protects from civil lawsuits which can cause the defender great expense in legal defense and awarded judgments even if the defender was found innocent by reason of self-defense. Many states expand this immunity to other locations in addition to the residence, i.e. on one’s property; in one’s business; and in one’s vehicle. More comprehensive laws include “any place you may legally be” when attacked. Usually any duty to retreat from the attacker is removed and a defender may “stand his ground.”
While the term “Castle Doctrine” sounds strange to our ears, this situation has come about because of the ongoing attack against a property owner’s right to defend his life and property with force when necessary. Our Founding Fathers would have considered it an unbearable infringement upon their right of life and property to be required to retreat and flee from an aggressor.
Yet the courts of the last fifty years have — by ignoring and reinterpreting the Constitution — granted greater protection to the attacker than are granted to the one attacked. The right of deadly force to protect one’s life and freedoms was first granted by Almighty God as expressed in Exodus 22:2. “If a thief be found breaking in and be smitten that he die, there shall no blood be shed for him.” If the thief be caught in the daytime, he must make full restitution or be sold (into slavery) for his theft.
Early English common law firmly upheld the principle of Castle Doctrine. In 1758 the noted English Jurist William Blackstone wrote concerning the Laws of England, “The law of England has so particular and tender a regard to the immunity of a man’s house, that it stiles it his Castle, and will never suffer it to be violated with immunity … For this reason no doors can in general be broken open to execute any civil process.” (Even to the agents of the crown who attempted to enter without the proper warrant.) Our country’s founders realized the wisdom of English common law and made it the foundation of our early system of law.
The foundation for the principle of Castle Doctrine and the fabric of our system of law was based upon two eternal principles:
- The Sovereignty of the individual citizen. Note: the sovereignty of every level of American government depends upon the basic sovereignty of the individual citizen for its delegated sovereignty granted by each individual citizen in union with other sovereign citizens. Declaration of Independence, “That to secure these rights, governments are instituted among men deriving their just powers from the consent of the governed.”
- The right of private property: United States Constitution Fourth amendment. Note: from this right flows every other right, even the sustenance of life itself.
Take courage fellow citizens. The pendulum of freedom is swinging back from the rights of the law breakers and violent attacker to the rights of the law-abiding and conscientious citizen. Call your legislators, in Wisconsin, to support AB69 and SB79 with the inclusion of protection “any place you may legally be.”
David Smail is a member of Marinette County A.C.E. and the Marinette County Republican Party
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