Michigan’s Castle Doctrine & No-Retreat Legislation Review

No Retreat
Michigan's Castle Doctrine & No-Retreat Legislation Review
Michigan Coalition For Responsible Gun Owners
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

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    Tom McClerrenConservative manBurt reevesDaveChris Recent comment authors
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    Tom McClerren
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    Tom McClerren

    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 »

    Burt reeves
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    Burt reeves

    No one should have to second guess defying their family and property this shouldn’t have to be a discussion

    Rick Huffman
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    Rick Huffman

    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 »

    Chris
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    Chris

    Rember our country is being run by Communist f*cks in our gov! All corrupt pieces of shit so all I can say is be careful

    Dave
    Guest
    Dave

    I don’t think the answer is a 12 gauge…..I think a video recorder would be better. Record it than call the sheriff and have a criminal trespass warning given…. that means the next time they come on your property they can be arrested for criminal trespassing. You go out there and shoot someone, law abiding gun advocates will have to suffer the consequences not just you but then is what the papers will say…. man takes 12 gauge and shoots his neighbor therefore making another newspaper article that backs up the anti-gun lobbyist so that they have ammunition to use… Read more »

    Bob Hoffman
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    Bob Hoffman

    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 »

    worried mom
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    worried mom

    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.

    steve calhoun
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    steve calhoun

    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

    Floyd Mcmillan
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    Floyd Mcmillan

    What I need to know is if someone attacks me and I fight them off if they start to run away is it legal for me to shoot them in the back?

    Dave
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    Dave

    Ummm no you cantshoot them in the back if you fought them off and won why would you want to?

    oren
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    oren

    My question is if an individual comes onto my property and comes up on to my front steps and starts yelling and threatens to beat up a member of my household and the individual is a male and the family member is a young girl…do I have the right to defend them if that person comes into my home after they have been warned to leave the premises?

    Chase.Hamil
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    Chase.Hamil

    All who submitted the above comments get an F in spelling and grammar.

    David A Lawnichak
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    David A Lawnichak

    I used to a member of this organization some years ago, why is a need to be a member if everything you need to know is on line?

    Jessica Frank
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    Jessica Frank

    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…

    Conservative man
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    Conservative man

    I’m going through this same thing right now. And they keep breaking into my barns. Guess what I called the cops twice but they show up too late. I guarantee if I tagged them in the arm or leg with a /2 they would think twice about doing it to me or another again. But they have no consequences so why should they stop?

    kerry witt
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    kerry witt

    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… Read more »

    Conservative man
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    Conservative man

    Exactly. I’m from Texas and couldn’t believe when we moved up here that criminals have more rights then us. In Texas even as kids a no trespassing sign meant just that. Bullshit how I have to wait for someone to attack me first to make sure they are violent. I have a wife and 4 kids. If someone breaks into my property then I warn them and don’t leave I shouldn’t have to worry about becoming the criminal. Man the fuck up and think realistically. Dumb as Sufi liberal laws.

    James Monroe
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    James Monroe

    Lets keep fighting to retain our Bill of Rights, and specifically the 2nd Amendment.