Castle Doctrine vs Stand Your Ground

House

People often confuse the Castle Doctrine and Stand Your Ground Statute. Although both laws are found in Florida Statute 776.013, there are differences between the two.

The Castle doctrine gives an individual who is in their dwelling, residence or vehicle two presumptions. The first presumption is that a person will be presumed to have held a reasonable belief of death or great bodily harm when an intruder unlawfully and with force enters their dwelling, residence or occupied vehicle. This presumption also applies if the intruder is in the process of or attempting to remove someone under their care from a dwelling, residence or occupied vehicle against their will. The second presumption is that the intruder who unlawfully and with force entered their dwelling, residence or occupied vehicle did so with the intent to commit a violent act.

Stand your ground does not provide an individual with any presumptions like the castle doctrine does. Instead stand your ground just gives an individual who is in a dwelling, residence or vehicle the ability to stand their ground and meet force with force including deadly force, without the need to first attempt to retreat. In other words, if you are home and someone kicks in your front door you do not have to run out the back door. You can remain in your home and defend yourself. The Stand Your Ground Statute, Florida Statute 776.013(3) only applies to a person who is in a dwelling residence or vehicle. However, similar stand your ground language can be found in Florida’s Self Defense Statute, Florida Statute 776.012, which is applicable in any situation including locations not covered by the Castle Doctrine.

 

More results...

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Search in posts
video_post
Filter by Categories
2nd Amendment Rights
4th Amendment
Ammunition
Animals
ATF
Background Check
Backyard Range
Boating
Bump Stock
camping
Car carry
Carry Laws
Carrying at work
Castle Doctrine
Children
Church Carry
church security
church temple mosque security
Client Stories
Concealed Carry License
Constitutional Carry
CWFL
Defending Others
Domestic Violence
Education
Emergency
Firearm Firm News
Firearm Storage
Firm News
First Aid
Fishing
Florida Carry Laws FAQ
Ghost Guns
Gift
Good Samaritan
Gun Laws
Gun Ownership FAQ
hunting
Immunity
Inheriting A FIrearm
Latest News
Legislative Update
Mailing
Mailing firearms
mailing guns
Medical Marijuana
Minor
Modifications
mosque security
Moving
National Parks
NFA / NFA ITEMS
Other Weapons
Ownership
Permitless Carry
police encounters
Popular
Possession of firearms
Purchase Law
Reciprocity
Red Flag Laws
Road Rage
School Zones
Self Defense
Self Defense FAQ
Selling Firearms
Seminars
Shipping
Shipping-Transporting
Stand Your Ground
State Parks
Stolen Firearm
storage
synagogue security
temple security
Transporting
Travel
U.S. LawShield
Uncategorized
Use of Force
Vehicle Carry
Visiting Florida
Webinar Videos

Scholarship Form

  • Mailing Address
  • Academic Information
  • Max. file size: 20 MB.
  • Please choose one of the two topics provided for your essay. Essay must be between 500 and 1000 words:

    1. Describe a time in your life when you have overcome your disability to do something extraordinary.
    2. Describe what you have learned from living with your disability. How have those lessons prepared you for college and for what you plan to do after you complete your education?
  • Max. file size: 20 MB.
  • Certification

    I hereby certify that all information I have provided in this form and attached materials is true, correct, and complete.

Sign up for our Newsletter

"*" indicates required fields

terms and conditions*
  • U.S. LawShield
  • NRA Badge
  • FSSA Badge
  • American Council of Second Amendment Lawyers
  • Florida Carry
  • Super Lawyers Since 2013
  • Florida Gun Law: Armed and Educated 4th Edition
  • NRA Range Safety Officer
  • NRA Instructor
  • JPFO
  • U.S. Business News Legal Elite Words
  • Martindale-Hubbell AV Preeminent Since 2017
  • Firearm Policy Coalition
  • Second Amendment Foundation
  • Force Science Certificate
  • Force Science Certificate

Get in touch

Bullet

"*" indicates required fields

Copyright © 2024 The Firearm Firm All rights reserved.