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Michigan's Castle Doctrine & No-Retreat Legislation Review
Michigan Coalition For Responsible Gun Owners
Michigan - -(Ammoland.com)- Occasionally we like to review Michigan’s version of the Castle Doctrine and No-Retreat Laws.
Each of these Bills provide rather specific circumstances and protections which, taken as a whole, provide strong protection for a person who is forced to defend himself from criminal attack (which here means grievous bodily injury, rape, or death)
PA 311 provides a “rebuttable presumption” in a civil or criminal case that a person who defends himself believes that criminal attack is threatened if (1) he is in a dwelling or business, or (2) the criminal is attempting to remove someone from a dwelling, business, or vehicle. This does not apply if the alleged criminal has a legal right to be in the dwelling or business, or if the person defending himself is committing a crime, or if the person entering is a law enforcement officer in the course of his duties.
PA 310 states that a prosecutor may still charge a person who has defended himself if the prosecutor can present to the court evidence that the person did not believe he was threatened with criminal attack. This represents a substantial change from the prior law which puts the burden of proof on the person defending himself to show that he did believe he was subject to criminal attack.
PA 309 says that if a person is anywhere he has a legal right to be, he has no duty to retreat if he believe he is threatened by criminal attack. Note that this differs from the home/business situation where it is presumed that he believes he is subject to criminal attack.
PA 313 is subtle: “Sec. 21c. (1) In cases in which section 2 of the self-defense act does not apply, the common law of this state applies except that the duty to retreat before using deadly force is not required if an individual is in his or her own dwelling or within the curtilage of that dwelling.”
PA 314 states that a person who defends himself (or in defense of another individual) with deadly force or less than deadly force anywhere he has a right to be is immune from civil liability for damages.
PA 312 provides attorney fees to a defendant if a civil suit is filed and the court determines that the defendant is immune from civil liability under PA 314. .
About:
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day.
Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org
[...] Michigan's Castle Doctrine & No-Retreat Legislation Review Review the above. It sounds like you are good to go, but IANAL. __________________ It is easy to take liberty for granted, when you have never had it taken from you.- VP Dick Cheney [...]
Lets keep fighting to retain our Bill of Rights, and specifically the 2nd Amendment.
my question is when are we going to stop portecting the criminal and stop porsacuting the victum in this state , we the people that work hard every day , and now are laws tell me that i can not protect my family but with a price . i have had some try to break into my house twice in two weeeks while i was gone and my kids were home both times while i was at work . so you tell me what you are going to do . im tired of it the crimanl has more writes then i do and i go to work every day , the crook just goes around stealing other peoples things and it is ok with the law . it is time a change is need,d
So if someone comes barreling through my property on a 4 wheeler I’m supposed to just let them? If they are obviously not causing any harm to me (only to the property I PAY for) I don’t even have the ability to remove them without chancing a lawsuit on myself? I think Michigan needs to review its property rights…