Mississippi and Castle Doctrine Law(MS Code 97-3-15) In March 2006, Governor Haley Barbour (R) signed SB2426 (As Passed the Senate) – 2006 Castle Doctrine Law, a “Castle Doctrine” and self-defense reform law sponsored by Senator Charlie Ross (R) and Senator Ralph Doxey (R). This measure created a presumption that if someone is breaking into your home, occupied vehicle or place of business, they are there to cause you serious bodily harm or death, and you may use any manner of force to protect yourself and your family. The bill also codified that you have no “duty to retreat” from a violent criminal attack if you are not the initial aggressor and you’re in a place where you have a right to be. It also contains certain safeguards from criminal prosecution for victims who justifiably use deadly force to protect themselves and provides for immunity from civil liability in those cases.The Mississippi Law reads as follows: 97-3-15. (1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases: (e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, occupied vehicle or the building of a business during hours when the business is closed to the public in which such person shall be; (f) When committed in the lawful defense of one’s own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished Mississippi Law defines a dwelling as: a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch; Clarence T. “Gup” Guthrie III an attorney in Mississippi summed up Mississippi’s Castle Doctrine on his website,“If you read this carefully you will see that Mississippi takes the Castle Doctrine to the extreme, not only allowing you to defend your home (porches especially), but also your car, your place of employment, or practically anywhere you have a legal right to be. Also, unlike some states, you do not have to retreat before you take action to defend yourself. Last, but not least, the law added civil immunity (you can’t be sued) if you are forced to defend yourself in accordance with this law.” Good to know!
Posted on: Tue, 27 Aug 2013 22:12:32 +0000
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