Does Castle doctrine apply to military housing?

SGT(P) Private RallyPoint Member — Thu, 20 Feb 2020 11:12:21 -0500

I live on base and we've had a couple of break-ins in our neighborhood, as well as someone's dog getting beaten to death in their fenced in backyard. I just want to make sure that in the case that anything happens I am legally in the right.

Response by SGT David A. 'Cowboy' Groth made Feb 20 at 2020 11:20 AM

SGT David A. 'Cowboy' Groth — Thu, 20 Feb 2020 11:20:02 -0500

Check with the local police.

Response by CW5 Jack Cardwell made Feb 20 at 2020 11:32 AM

CW5 Jack Cardwell — Thu, 20 Feb 2020 11:32:29 -0500

Provost Marshall should be able to tell you.

Response by CWO3 Private RallyPoint Member made Feb 20 at 2020 11:45 AM

CWO3 Private RallyPoint Member — Thu, 20 Feb 2020 11:45:53 -0500

Check PMO.

Response by Lt Col Jim Coe made Feb 20 at 2020 11:54 AM

Lt Col Jim Coe — Thu, 20 Feb 2020 11:54:43 -0500

I agree with those in the string who say to check with installation law enforcement or the JAG. If you're asking, "can I shoot and kill somebody breaking into my home to do harm to me or my property?", then this is a very sticky question. Service members shouldn't have private weapons in their quarters on some installations. Again check with law enforcement. In many cases State Law applies in post housing areas.

Response by MAJ Byron Oyler made Feb 20 at 2020 12:00 PM

MAJ Byron Oyler — Thu, 20 Feb 2020 12:00:03 -0500

A law should never dictate whether you use deadly force. If you are threatened and no other options are available, then do what you need to do to sustain life. If other options are available, then use them. If someone broke into my house and we can retreat to a locked room and call the police, that is what we do. If I cannot do that and the perp has the opportunity, intent, and capability to do us harm, then deadly force is warranted. All weapons must be registered with PMO, if not further headaches may come.

Response by SCPO Jason McLaughlin made Feb 20 at 2020 12:58 PM

SCPO Jason McLaughlin — Thu, 20 Feb 2020 12:58:19 -0500

Someone once told me, "I'd rather be judged by 12, than carried by 6!"

Response by SGM Bill Frazer made Feb 20 at 2020 2:35 PM

SGM Bill Frazer — Thu, 20 Feb 2020 14:35:43 -0500

Better check with the Provost Marshall- many times weapons are not allowed in on base housing, etc.

Response by MSG Gary Eckert made Feb 20 at 2020 3:34 PM

MSG Gary Eckert — Thu, 20 Feb 2020 15:34:03 -0500

You are subject to the UCMJ. Under the UCMJ, you can be charged with murder if the act is considered unlawful. One of the elements that changes the act from unlawful to lawful is justified self defense, that is different than than the Castle Doctrine. Self defense requires you retreat from the situation if possible, the Castle doctrine typically doesn't. I am not a lawyer, but in my opinion, you are setting yourself up for failure if your intent is to rely on castle doctrine protecting you. If you can resolve with less than deadly force, you should. Even if it doesn't raise to the level of murder, manslaughter can still be charged even if you are provoked.

Response by TSgt Private RallyPoint Member made Feb 21 at 2020 12:52 AM

TSgt Private RallyPoint Member — Fri, 21 Feb 2020 00:52:32 -0500

There I was, minding my own business in on-post housing, cleaning my favorite ball bat when BAM! Somebody kicked in my door. I’ve never been shot. Several friends don’t recommend it. I have been (accidentally) hit with a bat. Solid Ash is no walk in the park. Since your Provost Marshall is good with Castle Doctrine, there are many, many ways to skin a cat.

Response by CPT Barry Kaufman made Mar 3 at 2020 7:38 AM

CPT Barry Kaufman — Tue, 03 Mar 2020 07:38:32 -0500

You should get the advice of a lawyer licensed to practice in your state. The JAG may or may not be allowed to give you this kind of legal advice. Don't take advice from anyone on the internet, and don't guess.