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Gun Laws & 2nd Amendment: "Stand Your Ground" & "Castle Doctrine"

Castle Doctrine, Stand your ground laws and duty to retreat

The term “Castle Doctrine” is a legal concept that comes from the philosophy that every person is the "king" of their “castle.” As such, no person is required to retreat (Duty to retreat is removed) before using force or deadly force against an intruder in their home (some states include your yard, a place of work, and occupied vehicles). 

Stand Your Ground laws provides that people may use deadly force when they reasonably believe it to be necessary to defend against deadly force, great bodily harm, kidnapping, rape, or (in some jurisdictions) robbery, or some other serious crimes

The "Duty to Retreat" is an element in self-defense law that states you have a duty to try to get away from a situation before you escalate to deadly force.  

Types of Self Defence Laws

Although some states use a blend of doctrines, self-defense laws generally fall into the following three categories:

  1. Stand Your Ground: No duty to retreat from the situation before resorting to deadly force; not limited to your home, place of work, etc.
  2. Castle Doctrine: No duty to retreat before using deadly force if you are in your home or yard (some states include a place of work and occupied vehicles)
  3. Duty to Retreat: Duty to retreat from a threatening situation if you can do so with complete safety

South Carolina Law

In South Carolina, the Castle Doctrine laws are implemented in S.C. Code Ann. § 16-11-440 and include a powerful “presumption of imminent peril or death” to the inhabitants of that castle, even if that person is a visitor in the home. The South Carolina Castle Doctrine law extends to another’s dwelling, residence, occupied vehicle and, while not explicitly stating as such, to another’s business.