Technically, at least in the state of Texas, there is no statute regarding something called a "Castle Law". That is simply a name given to cover the rights of homeowners in protecting their homes.It's mostly my opinion of watching Castle Doctrine evolve over the last several years since FL instituted the first one and understanding the principles of the Castle Doctrine.
I'm not sure where you are getting your information from. I can cite several articles that state a Castle Law exists in NY.
http://en.wikipedia.org/wiki/Castle_doctrine
http://www.mjsacco.com/articles/ny-c...ome-intruders/
http://www.longislandfirearms.com/fo...ut-has-no-sta/
I don't like using Wikipedia as a source, but if you read the state statutes state-by-state you will find several that allow a homeowner to use deadly force only when the homeowner believes his/her life to be threatened.
I would certainly agree that an intruder is in your home in the middle of the night it would be tough for a prosecutor to prove that deadly force was not necessary. Originally Posted by SpeedRacerXXX
In your first link it specifically states:
Duty-to-retreat
"Castle laws" remove the duty to retreat before using deadly force when one is in their home or in some U.S. states just simply where one can legally be.
So in my mind, by definition, if a state still has a provision which places a duty to retreat then it can't be Castle Doctrine.
That's all I'm saying.