Italian Senate enact Castle Doctrine – Right to Self Defense at Home

Italian Senate enact Castle Doctrine - Right to Self Defense at Home
Italian Senate enact Castle Doctrine – Right to Self Defense at Home

Italy -(Ammoland.com)- The Italian government has reformed its law on self-defense law in the home. Italy's legislature has passed a law to follow the example of the United States and restore the legitimacy of armed defense of the home.

The philosophy behind the previous law dates back to the Fascist government of Benito Mussolini. The gun laws in Italy have become increasingly restrictive since 1931.

The new law is similar to what is called Castle Doctrine laws in the U.S.A. The vote in the Chamber of Deputies occurred on 3 March, 2019. The quote below incorrectly refers to “Stand Your Ground” laws. It should be referring to the Castle Doctrine.

From 7 March, 2019  dw.com:

The Chamber of Deputies, Italy's lower house of parliament, on Wednesday voted in favor of a draft law on self-defense in the home.

The bill specifies that “defense is always legitimate” in a person's home. It aims to protect a person who acts in self-defense in response to a perceived threat from an intruder.

Under current legislation, a person who harms an intruder, even in cases of self-defense, can be held responsible for damages.

The bill is reminiscent of US “stand your ground” laws , which often allow a person to use lethal force to defend themselves against an intruder on their property. In Germany, self-defense is vaguely defined, with the criminal code stating “a person who commits an act in self-defense does not act unlawfully.”

On March 28, 2019, the Senate passed the Italian Castle Doctrine law.

From xinhuanet.com:

ROME, March 28 (Xinhua) — Italy's Senate gave final green light to a new law on legitimate self-defense on Thursday.

Lawmakers in the upper house of parliament passed the law with a wide majority of 201 votes in favor, 38 against and 6 abstentions.

The bill was a flagship proposal of the right-wing League party led by Interior Minister Matteo Salvini, which forms Italy's coalition government with the Five Star Movement (M5S).

“From now on, there will be no more reimbursement for relatives of burglars. We are not going to distribute weapons, nor we legitimate any'Wild West', but we stand by the honest citizens,” Salvini told local media in parliament, and wrote later on the League's official Facebook account.

“From now on, criminals are aware that being a robber in Italy will be more difficult and more dangerous,” he added.

A similar bill had passed the Chamber of Deputies, 225 to 166 in 2017.  That bill did not pass the Senate in 2017. But the law had strong popular support, in part, because of a case where a restaurant owner had killed one of two home invaders that had broken into the family home/restaurant, while the owner was fighting with the intruders. The owner was being investigated on suspicion of voluntary manslaughter, with a 21 year mandatory sentence.

The case bears similarity to cases in the United Kingdom, such as the case of Reuben Gregory in England.

England is the modern source of Castle Doctrine law, which is based on the legal principle that a person's home is their castle, which may be defended against all intruders.  While the law has been significantly weakened in England, it has been strengthened in the United States.

The legal principle is based on natural law.

In nature, territory is defended against intrusion. It is the basis of property rights. Virtually all animals and birds defend their territories.  Humans are no exception. The desire to defend ones home against invasion is a basic part of human nature. The natural law is referenced in the bible, by Jesus, in Luke 11:21

“When a strong man, fully armed, guards his own house, his possessions are safe.

Lawyer Gerry Spence referred to that reality when talking to Tom Brokaw about his defense of Randy Weaver, in the famous Ruby Ridge killings. From The Death of Justice by Gerry Spence, page 48:

“That little bunny wouldn't hurt a flea. Not you, not me. But if you reach down into his hole and try to grab him by the ears and pull him out, he will bite you.”

“Right,” Brokaw says.

“And that's the way it was with Randy Weaver. Leave that rabbit alone and nothin' happens, to you, the feds, to anybody.”

The defense of a person's home is a deeply ingrained part of human nature.  People see, feel, and understands the obvious rationality and justice of the defense of self and the home. Castle Doctrine law has its roots in human nature.

When governments seek to illegitimize armed defense of the home, they work directly against human nature.

A restoration of the right to defense of self and home is happening around the world. The new law in Italy is part of that restoration.


About Dean Weingarten:Dean Weingarten

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

  • 9 thoughts on “Italian Senate enact Castle Doctrine – Right to Self Defense at Home

    1. It’s about time the Italian people can defend themselves inside they’re homes now. I’ve always been kind of afraid to travel into Italy but now this new Castle law that’s passed is a stepping stone towards more firearms freedom than before for Europeans. I’m Not a professor on international laws but thankful for any new firearms freedoms laws in Europe and the United States. I’m thankful we have the Castle law in the United States. Our United States Constitution gives us or is our God given rights to defend ourselves and other lives within our home under the Castle law/law’s.

    2. About time. With all the illegal immigrants flooding into Italy bringing high crime rates and attacks, it’s only natural that something like this is needed as the police can’t handle the influx and violence. It is only right and with all the fine firearms made in Italy, the Italians shouldn’t have a problem obtaining some fine guns for self defense.

    3. Can anybody say Crusades? What is this a response to? Are they finally sick of being robbed, burglarized and raped and slaughtered by the invading virus in their country? On top of that they then have been forced to compensate the killers and rapists families when its over. Where else is this happening? What type of government do those countries have? Why is much of the US going in the opposite direction? Perhaps the people here have not been subjected to the atrocities our brothers elsewhere have been subjected to and thus have not yet become sick enough of it to begin fighting back.
      Those politicians have totally destroyed their countries, the ones here are still trying. Our Constitution has saved us, thus far, from the same fate as others. Realize how beautiful that document is and do whatever you can to restore it.

    4. exactly stated by spence, any animal will fight to defend itself when under attack. humans are no different in that respect. these laws depriving us of that fundamental right to exist go against all natural law. there are consequences for actions taken, although in leftists minds, we should suffer the consequences of criminals actions.

    5. Of course Benito, Adolph and Joseph did not want citizens to be armed. All tyrants are that way. That is the gravest clue to what the Demo-Communists really are. They want US to be defenseless when they take total power from the Constitution.

    6. How odd that this article is based on a wire service report from a Communist Chinese wire service. But the message is true, the messenger a bit odd. Fascists, communists and authoritarians of all stripes are enemies of natural law.

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