I can tell you that the old aphorism from law school is absolutely true: “If the law is on your side, pound on the law…if the facts are on your side, pound on the facts…and if neither the law nor the facts are on your side, pound on the opposing party.” Well, you wouldn’t have shot someone in self-defense if the facts and the law weren’t on your side, so that leaves the clueless or politically motivated prosecutor wrongfully charging you, or the greed-motivated plaintiff’s lawyer suing you, only one avenue by which to attack you. It won’t be honest, it won’t be clean, and it won’t be pretty.
Let’s look first at Castle Doctrine. There are some situations where it doesn’t hold true. If the person you shoot also had a right to be in your home at the time of the shooting, this defense is voided. We see that all the time in domestic violence shootings, when the woman who had to fire was the victim of the abusive husband who attacked her, and with whom she shared the “castle.” Ditto roommates, ditto even originally-invited guests who went crazy once they were there.
Stand Your Ground? If the other guy also had a right to be there, it’s going to come down to who was the murderous, unlawful aggressor and who was the innocent intended victim who wore what the courts call “the mantle of innocence.” For one thing, if the initial attacker tries to break off the assault and flee, and the original innocent victim then shoots him in the back, the “stand your ground” defense for the latter is now off the game board.
Gun Digest Book of Concealed Carry 2nd Edition hits bookstore shelves within days, but you can order yours today from the Gun Digest Store. In this up-to-date volume, you'll get:
- Comprehensive coverage of the nuances of Castle Doctrine and stand your ground laws, including details from Ayoob's experience in recent cases.
- An update to where you can (and can't) carry, including a discussion of reciprocity and recent Supreme Court victories for concealed carry.
- In-depth discussion of spare ammo for concealed carry.
- Insight into the importance of lights for concealed carry and a review of available options.
- A holster update, where Ayoob tests many of the newest holster materials and models, discussing the rising popularity of hybrids (“a mating of leather with Kydex or polymer”), Remora holsters, breakaway pants, holsters for women and the Versacarry.
Order your copy of Gun Digest Book of Concealed Carry 2nd Edition today, and remember to use promo code INSIDEGDB to get free standard U.S. shipping on your order. (Promo code fine print: Items which ship directly from the manufacturer do not qualify for free shipping.)