The Castle Doctrine

Castle Doctrine refers to a legal concept derived from English Common Law as it is presently applied in sections of the United States of America. It designates one's home (or any place legally occupied, such as one's car or place of work) as a place in which one enjoys protections from both prying and violent attack. In the United States, laws informally referred to as 'castle laws' can sometimes impose an obligation to retreat before using force to defend oneself. The Castle Doctrine provides for an exception to this duty. Provided one is attacked in their own home, vehicle, or place of business, in jurisdictions where 'castle laws' are in force, one may stand their ground against an assailant without fear of prosecution.

The Castle Doctrine is now in Texas awaiting Governor Perry's signature. That makes sixteen states now in support of citizens. Critics opposed to the Castle Doctrine and who are urging Governor Perry to nix it fail to understand the concept. It's not hard to grasp if you love people, it's hard to follow if you disrespect family.

Editorials encourage Texas Governor Perry to veto the bill because it would mean a return to the Wild West, and that more guns would put more people in harm's way. As I said, they fail to understand the concept.

The clue is that these anti-liberty positions basically say that gun owners are the aggressors. Projection. Interference with a civil right and family and personal safety is aggression. Meanwhile, most Americans understand that editorial boards and public officials under oath have no say-so in opposing a civil right - more aggression.

Let's look for a moment at the outright hostility the anti-gun activists exhibit so clearly. Look at it not as a civil right issue - which it is - but also as a how-you-run-your-own-household issue. You are head of a household, and you protect your family. You want to learn what you need to know in making your best-informed decisions on how you run your home. You don't want newspapers keeping things from you or officials failing to protect your interests by refusing to mention certain legal facts.

For all their bad advice, three things the anti-guns cannot deny -

1. Police have no duty to protect individuals. In all fifty states, they simply don't really have to come, much less arrive in time. For failure to protect, the Supreme Court held in 2005 no constitutional right to police protection. Been that way since 1845. Tough luck.

2. Citizens in this country are already possessed of all legal authority to use up to deadly force when facing grave danger. Editorial boards and people who encourage you to dial 9-1-1 and do nothing until they get there obfuscate this. Bad advice to a head of a household responsible for his children and for his/her own life.

3. Police understand that the individual is the first - and last - line of defense in facing grave danger alone and do not oppose guns as advertised. Good to know if you're head of a household.

...So the anti-gun activists try the emotional hysterical language of Wild West, easy access to guns, illegal guns and Harm's Way instead. As if average citizens are completely irresponsible or gun runners.

As always, what some officials think of you shows up as outright hindrance of how you may run your own home.

In criticizing the Castle Doctrine, anti-gun activists are handing out very bad advice - advice that gets people killed by turning their backs on aggressors (walking away), by waiting for police while the aggressors carry on (call 9-1-1 instead), and by being talked out of their legal authority (don't resist violence) - and this is one of the worst offenses against the country - editors and officials talking people out of their legal authority to respond when facing grave danger alone.

And that's why anti-gun is anti-liberty: it talks citizens out of their personal, legal authority, “your Authority.”

That authority is recognized and affirmed by the Castle Doctrine, and it is an expression of respect for the citizen now with the force of law. That authority has been there all along, even when hidden by anti-gun activists, but now clarified and affirmed.

As head of a household, how do you now adjust your preparedness for an encounter with violent crime at home and away from home?

Every state should have a Castle Doctrine law, because it builds rapport between the government and the governed by respecting the citizen immensely. Government's job is not to protect people -- government's job is to protect our rights.

The Castle Doctrine is good for the country. And it's a great plank for 2008 candidates.