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"Castle Law Doctrine"

Effective date: October 1st,  2006

1. Michigan's Governor signs "Castle Doctrine" Package into Law!

People now will be allowed to use deadly force, with no duty to retreat, if they reasonably think they face imminent death, great bodily harm or sexual assault. They can use deadly force on their property or anywhere they have a "legal right to be".

The legislation also protects people from "civil lawsuits" if they have used force in self-defense.

The law also creates a "rebuttable presumption" -- a legal advantage that assumes, unless there's strong proof to the contrary, that people honestly and reasonably believe they face death, rape or great bodily harm when someone breaks into their home.

The presumption won't apply in domestic violence situations, disputes involving the police and if people "using the force are breaking the law."

It is therefore imperative that you know the following:

1. The laws of self defense with a firearm

2. The laws of carrying and transporting a firearm

3. The laws of where you have a "legal right to be"

The self-defense bills are House Bills 5142-43, 5153 and 5548, and Senate Bills 1046 and 1185.

Summary of each of the 6 Bill package:

HB 5143/PA 309, sponsored by Rep. Rick Jones, creates the Self Defense Act and specifies that it is not a crime to use force or deadly force to defend oneself if that person is not breaking any laws when defensive force was used. The person must be facing imminent threat of death or great bodily harm.

Direct Link:  http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0309.htm

HB 5153/PA 310, sponsored by Rep. Leslie Mortimer, puts the burden of proof on the prosecutor to show that a person acted unlawfully in the application of force, rather than the person using the force having to prove they acted lawfully.

Direct Link http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0310.htm

SB 1046/ PA 311, sponsored by Sen. Alan Cropsey, outlines rebuttal presumptions for justified use of self-defense. The bill makes it clear that there is no “duty to retreat” if a person is in a place where they have a legal right to be.

Direct link http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0311.htm

SB 1185/PA 312, sponsored by Sen. Ron Jelinek, allows for the award of court and attorney fees in civil cases where it was determined a person acted in accordance with the Self Defense Act and where civil immunities apply.

Direct  Link: http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0312.htm

HB 5142/PA 313, sponsored by Rep. Tom Casperson, expands the definition of “dwelling” to include a person’s garage, barn, backyard, etc.

Direct Link:  http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0313.htm

HB 5548/PA 314, sponsored by Rep. Tim Moore, gives civil immunities to persons acting in accordance with the Self Defense Act, preventing criminals and their families from suing law-abiding citizens.

Direct link http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0314.htm

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