Personal Defense Tip: The Castle Doctrine Isn’t Absolute

As part of January’s general grab-bag of weirdness, a Texas man is being charged with murder after he shot an armed home intruder. I know what you’re thinking: What about the castle doctrine? Not to mention it’s Texas. So what’s going on?

The comment section on the rather vague news reports are filled with opinionated social media experts claiming this guy will be out in no time and that he should totally sue local law enforcement for wrongful imprisonment. So, what’s the truth?

The truth is the castle doctrine isn’t absolute. That means you can’t do whatever the heck you feel like in your own home. Rules, people…there are rules.

Disclaimer: As always, please remember that I’m not an attorney and this isn’t legal advice. It’s simply information (and a dose of supposition) based on experience.

The Shooting

On January 9, local law enforcement in Big Spring, Texas responded to a shots fired call. It isn’t clear who actually made that call, which is interesting. Most sources simply state police responded to the call. One claims Joel Adrian Florez (the alleged shooter) who made the call.

When law enforcement arrived they found Florez and an as-yet-unnamed female standing outside the home. Florez told the police he’d shot an armed intruder and when they entered the house, sure enough, there was Phillip Lozano, Jr., dead right there.

Less than 24 hours later, Big Spring police had arrested Florez and charged him with murder (apparently the arrest took place around 8:57pm on January 10^th). No details have been released to explain the probable cause behind the charge, and we’re well past the 72-hour period. What we do know is Florez has been charged and the investigation is ongoing. That’s it.

Theories, Rumors and Gossip

After spending more time digging and reading than I care to admit, all I can say is that the Big Spring shooting is surrounded by a lot of rumors. Here’s some of the speculation and supposition that’s swirling around the story . . .

• Gang activity
• A drug deal gone bad
• A love triangle involving the unnamed woman at the scene
• Long-standing mutual dislike between the men
• Little green men beamed down and staged it all, because aliens

You get the idea. These are the standard sorts of rumors that surround a case like this, so take it all with a Madison Boulder-sized grain of salt. I’d recommend simply waiting for details to be released as time passes. It almost always does. But the case is a good reason to think about the castle doctrine and its limitations.

The Truth About the Castle Doctrine

Like I said, the castle doctrine isn’t absolute. Most states have some version of it in place, it just isn’t always called the castle doctrine.

Some states also have stand your ground laws. Remember, though, that while the two can support each other depending on the circumstances, castle doctrine and stand your ground laws are not the same thing. To keep it simple, we’re just going to hit the high notes on castle doctrine in a “generally speaking” manner. This isn’t specific to Texas or any other state, just a quick look at what it really means.

I won’t bore you guys with the age-old history of the legal concepts behind castle doctrine, and I won’t wade into the legalese that’s best reserved for curing insomnia. In layman’s terms, the castle doctrine reinforces your legal right to do defend yourself  in your place of residence…within reason. What’s considered your residence depends (again) on the state, so check your local laws. In some states that extends to hotel rooms, places of business, and even occupied vehicles.

Nope, You Can’t Do That

There are a few key issues that could result in you catching a murder charge in what might appear to be straightforward castle doctrine-protected defensive gun use. Here’s a quick breakdown on some yes and no issues:

• You must be inside your residence. If you’re not, the only legal justification for going inside after an intruder is if you have good reason to believe there’s someone else in danger in there (a child, a spouse, etc.). No, your dog doesn’t count.
• The threat must be imminent and clear. That means it isn’t enough for a person to just be in your house. Before you get all cranky about that, stop and think about it. It’s entirely possible to have an elderly Alzheimer patient, a drunk neighbor, or a random Girl Scout wander right into your home. My first suggestion is to keep your doors locked, but the second is to take time to properly identify an actual threat.
• The home invader doesn’t have to be waving a gun in your face to reasonably be considered a threat. There are many factors that come into play with a credible threat, and the truth is that almost anything can be a weapon, including a person’s own body when there’s a disparity of force issue.
• Edison (Swan, Davy, Latimer) didn’t invent the lightbulb for funzies. You need to see the threat to identify it and to be sure it isn’t your college-age daughter showing up unannounced at 2:00am because their boyfriend dumped her (yes, it’s happened in multiple cases and it’s resulted in the kid’s death).
• Don’t put the home invader’s boots on and go kick your door in after the fact. You’ll get caught and not only is it illegal, it’s stupid. I don’t care if your Uncle Fred who’s a cop said you should do that. Just…don’t.
• When the threat stops, you need to stop. This isn’t Hollywood, and there are no coup de grace headshots to prevent an untimely resurrection. You shoot to stop the threat and when the immediate threat ends, so does your shooting.
• Home defense isn’t for defense of property, not even in Texas. Yes, I’m sure you’ve heard Texas allows shooting in defense of property, but that doesn’t make it a good idea. If some dude is stealing your truck out of the driveway, call the police and let him drive away. Creating a deadly confrontation by waltzing out your front door with a gun isn’t going to look reasonable to a prosecutor or a jury because, well, it’s not.
• Even in castle doctrine states, your defensive actions must be considered reasonable.
• If you’re breaking the law when you decide to shoot someone under what you think is the absolute power of castle doctrine, you’re going to have a bad time. You can’t be committing a crime at the time and you must be legally allowed to be in the residence. (Think about a soon-to-be-ex-husband under a temporary restraining order barging into what was the marital home where his soon-to-be-ex-wife still resides).
• Generally speaking, you can’t wantonly shoot through the front door. For the millionth time, this isn’t a movie or Joe Biden’s vacation home.
• You can’t invite someone to your house for the purpose of shooting them. Just saying.

What Good is the Castle Doctrine?

As with all aspects of self-defense, there are a lot of factors to take into consideration. That’s just one reason it’s so important to be well trained, not only in the use of your firearms but also in the legal side. There’s no shortage of “experts” on social media and cases like the one in which Joel Florez has been charged certainly bring out the most confident among them. It’s mostly a toxic blend of ignorance and misplaced confidence, but you can’t deny they’re absolutely convinced of their rightness.

The castle doctrine is a legal protection that gives you legal backing for defending yourself and your loved ones from a home invader. It’s important to remember, though, that it isn’t absolute and it certainly isn’t a Get Out of Jail Free card. It’s a legal layer of protection for lawful gun owners in reasonable self-defense situations. Think of it as a legal net that’s in place to catch you if the worst should happen…assuming your actions are considered after the fact as reasonable and justified.

Remember that when you decide to own a firearm for defensive purposes, you’re taking on a major responsibility. Your gun shouldn’t be your instant, knee-jerk reaction to conflict. It’s a tool for the application of lethal force, and it should be treated with respect. Far too many people, people who I could call out by name, obviously believe if they’re ever involved in a self-defense shooting they’ll be just fine because they’ll be “right.”

Sorry, guys, that isn’t how this works. Americans have greater freedoms than any other nation on Earth, but this isn’t the wild west, and you don’t have carte blanche to do as you please with your gun. Be smart. Know the law. And don’t make me repeat the law of three stupids again.