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 Michigan Coalition for Responsible Gun Owners:
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
I am an NRA member and have already been writing to members in the legislature asking them to protect our second amendment rights and reject those whose views oppose us. If the truth was told many of these people own a gun they just don’t want you to own one! We go though this BS every year and after every mass murder is committed by a psychopath with a gun. There is no proof that a gun left alone in it’s case has ever killed one person. We have a mental health crisis in this country that should be addressed… Read more »
No one should have to second guess defying their family and property this shouldn’t have to be a discussion
This is a very horrible state to get help from the “sherriff’s office” defending your property. I live in Manistee county, and have been having issues almost every night with my neighbors tearing up the end of my driveway and ditch with trucks and orv’s. Put up no trespassing signs and they actually stole the signs off of my property last night. My wife and I stood at my house and watched it happen. We called the Sherriff and I told them I wanted them arrested for trespassing and stealing, and they told me I didn’t have proof… So, tonight… Read more »
Up here in Ogemaw County, in 2013 I believe, LaDonna Schultz, County Prosecutor gave a “Self Defense” seminar–quite interesting, with qualified instructors teaching useful techniques–during a “comment/discussion” session, I asked her (LaDonna) if she had ever heard of the “Castle Doctrine”–shockingly, her response was, “I’ve never heard of it.” The police/retired officer instructors said nothing also–you could have knocked me over with a feather. It was the LAW in how many states by that time? And does she never, ever “review,” “research” for updates to laws/new laws? What a sad thing, but TRUE. She “advised” me after the seminar, during… Read more »
I have dogs, I know one would protect me until I could run for safety. So say someone breaks in your home, and theyhave a history of violence. ..you can let your dog attack them. And shoot them, and also beat them with a bat, correct? If you fear for your life? I am trying to get a restraining order.
FLOYD no u are not allowed to shoot an individual that is running away from u if he is facing you are allowed to defend yourself if you feel threatened DO NOT SHOOT IN BACK you will get murder if you kill individual