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Newsletter #12 – Castle Doctrine

 Good morning Folks. Just a quick memo to say hello and provide additional information on the Castle Doctrine. We are still conducting the Basic With Defensive tactics Course the 2nd Saturday of each month at the Wyoming Antelope Club. Also please advise if you are interested in being put on the list for charter membership at Knight Shooting Sports new indoor range facility on US 19 & 118th Avenue. The facility is scheduled for a November 2000 Grand Opening and I am conducting an informal poll for Mark Martenfeld of Knight Shooting Sports.

The "Castle Doctrine", also known as the "Retreat Rule", basically states that you do not generally have an absolute duty to retreat if you are in your home or business or "curtilage" of your dwelling. However, as stated during class, there are really no absolutes when it comes to The Law! You may stand your ground unless the other party (attacker) has equal right to be in the dwelling, business or curtilage of the dwelling. Jon Gutmacher, author of "Florida Firearms Law, Use and Ownership", has an excellent discourse on this confusing topic in that portion of his book entitled "Duty to Retreat Unless at Home or Office". The latest version of Jon's book has this portion starting at page 153. Jon clearly states that the exceptions to the requirement to retreat ".... always depend upon your having a superior right to be on the premises than the attacker, and you still must act reasonably". The previous statement also applies if you are a guest. However, Jon also states that "... if you're only a guest--you must retreat if you can". Jon further states that if the attacker has equal right to be where he or she is, you must retreat if possible. Please review this section in detail and remember "Education beats Incarceration and Litigation every time!" If you need a new version of Florida Firearms or need a copy for a friend or relative, please contact me and I will put one in the mail for you.

Stay Safe!  Norm

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