Stand Your Ground and Castle Doctrine during Home Invasion Scenario

Illinois law doesn’t contain language for “Stand your Ground”, nor for “Castle Doctrine. Illinois has Justified Use of Force Exhortation and case law to back of the interpretations of that law. In the below video, the USCCA attorney discusses Stand Your Ground and Castle Doctrine during a home invasion.

In the Alpha Koncepts concealed carry classes we discuss in-depth when force is and is not justified, both what the letter of the law says, as well as what is and is not practical. Remember, just because you could doesn’t always mean you should.

From this video, the best answer we could receive is “it depends”. When you play the “What if” game, if you change just a small part of the scenario, the entire scenario changes. Lawyers will argue the minutia of the small details over days or weeks, maybe even months. The bad part is they have the luxury of time, whereas you are forced to make decisions in split seconds.

 

Illinois law, Justified Use of Force Exhortation says, in regards to use of force in defense of your home…

(720 ILCS 5/7-2) (from Ch. 38, par. 7-2)
Sec. 7-2. Use of force in defense of dwelling.
(a) A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling. However, he is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
(1) The entry is made or attempted in a violent, riotous, or tumultuous manner, and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal violence to, him or another then in the dwelling, or
(2) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

 

Remember, you’ll have a fraction of a second to make a decision that will be argued at length by attorneys. The United States Concealed Carry Association will defend you if you ever have to defend yourself.

 

About the Author

Thomas Kral is the chief firearm instructor for Alpha Koncepts Firearm Training and has been instructing students on the safe and efficient use of a firearm since 2013. Thomas has numerous firearm industry certifications including instructor credentials from the United States Concealed Carry Association, the National Rifle Association, Next Level Defense, Ultimate Training Munitions, and The American Gunsmithing Institute.

Thomas Kral is also the founder of a gun rights organization, GunRights4Illinois. Founded in 2014, GunRights4Illinois is blossoming into a no-compromise gun rights organization enabling Illinois gun owners to fight for their rights.

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