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Law May Allow Homeowner To Shoot Intruder

Castle Doctrine Passed In More Than 12 States

POSTED: 10:03 pm PDT August 25, 2008
UPDATED: 11:19 pm PDT August 25, 2008

There’s a popular phrase that says "A man's home is his castle." One Valley lawmaker is trying to get a new law passed that goes even further to protect homes and homeowners’ rights.

It's called the Castle Doctrine, and it's been passed in more than a dozen states, but not without some controversy.

The law would allow homeowners to use deadly force on a home intruder, with no regard to whether he or she's retreating.

“I keep a gun in my house. It's close at hand. My children are gone, so it’s ready ... Not cocked, but it's ready,” said assemblyman Harry Mortenson, D-Nev.

Mortenson said he not only believes in the right to bear arms, but he also thinks homeowners should be able to use that weapon however they feel necessary, if there’s an attacker in their homes.

“We are having a real spate of break-ins and crimes in this neighborhood, and I'm very disappointed at what's happening lately,” he said.

According to Metro police crime stats, the southwest area where Mortenson lives has had 34 burglaries and 11 robberies in just the past month.

“I'm going to protect myself any way I can, and the castle law is part of that,” Mortenson said.

He is sponsoring the Castle Doctrine bill.

Most versions of the law now in use allow a homeowner to use deadly force on any attacker -- whether he or she retreats or not.

“It's presumed that if somebody comes in your house, they intend to hurt you, and you don't have to wait to warn them. You're just going to do whatever is necessary to protect your home and yourself,” said FOX5 legal analyst Bob Massi.

Critics of the bill said it will encourage vigilantes, but Massi said it makes sense to him, especially since most also include civil immunity, meaning if a criminal is hurt in the process, he can't sue the homeowner.

“As crazy as it sounds, those kinds of things can, and in some states do, happen,” Massi said.

The bill draft will now go to a committee, who will decide whether it goes to a vote.


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