Apr 13, 2016

Castle Doctrine: How Close is Too Close?

Filed in the category of the #Castle-Doctrine, a homeowner in Alexander County N.C. shot and killed a man, he claims in self-defense of his home.

After a disagreement, Jason Clary shot alleged assailant Travis Harold in the driveway of Clary's house. Clary claims Harold and others arrived at his house armed with metal pipes, with intent to do him harm. Clary claims he shot Harold in self-defense, but cell phone video captured at the scene shows a distance of up to 50 feet between the men. Harold died while en route to the hospital.

The question is: where does the Castle Doctrine begin? Is 50 feet close enough to provide a reasonable expectation of probable harm? Or does the Castle Doctrine only allow self-defense from an assailant inside your home?

At the Rodeo, we want to know. Add your voice in the comments below.

Clary has been charged with first-degree murder and is being held without bail.

Read More at WSOCTV.com

All images courtesy WSOC TV

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I have been reading so much on this law for a few reasons. As an instructor who teaches home defense I feel it should be something everyone should know. As with most laws each state has there own wording. In Ohio it breaks down as this , you must with out any reasonable doubt prove that you are in harm and the person has to be in your house or on your property . You also have to try to get away and warn the person three times. I know what your thinking , what the F . I'm in danger and I have to do all this? Here is how I explain it. Yes that is the law and with most laws there is no commend sense. The fact that in the time you do all that you can be killed. To stay alive you need to think fast. In your house there are places to hide. Back rooms or bedrooms are great because you can yell get out I will shoot in the time it takes for them to get to you then shoot threw the door. Or you play the card that I like to call wound the s o b . It looks better in court if you don't kill the person. You have to remember to get the gun away from the person with this one. Also no matter what happens the bad guy or there family can still sue you . That comes to the last thing I teach and that is have a good lawyer. There are great tips to help you at www.usconcealedcarry.com . I hope this helps some.