Michigan's Castle Law Self Defense Package
Effective date: October 1st, 2006
1. Michigan's Governor signs
Self Defense 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 regarding the legal possession, carrying and transporting of a handgun
3. The laws of where you have a "legal right to be"
Summary of each of the 6 Bill package:
Click here - Castle Law Doctrine 6 bill package "Easy read" document (pdf format)
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
A "Castle Doctrine"
(also known as a Castle Law or a Defense of Habitation Law) is an
American legal concept derived from English Common Law, which
designates one's place of residence (or, in some states, any place
legally occupied, such as one's car or place of work) as a place in
which one enjoys protection from illegal trespassing and violent
attack. It then goes on to give a person the legal right to use deadly
force to defend that place (his/her "castle"), and/or any other
innocent persons legally inside it, from violent attack or an
intrusion which may lead to violent attack. Within the legal paradigm,
therefore, it functions as a type of justifiable homicide.
Other states have a "stand-your-ground law," which expressly relieves
the home's occupants of any duty to retreat or announce their intent
to use deadly force before they can be legally justified in doing so
to defend themselves. In states where Castle Law is included as a part
of a larger personal-self-defense law, there may be a duty to retreat
if the altercation happens in a place outside the home, even though
there is no duty to retreat if the altercation happens at the home.
States
with a Castle Law and a stand-your-ground provision include:
Alabama, Alaska, Arizona, Connecticut,
Florida, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky,
Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, North Carolina, Pennsylvania, Rhode Island, Texas,
Tennessee and Utah. States with no known Castle Law include: Iowa,
Maryland, West Virginia and Ohio. --
source wikipedia.org