Lethal force may only be used legally in defense of an occupied structure when the person believes “force is necessary to prevent an assault upon the person or another then in the occupied structure” or to prevent the commission of a forcible felony. A felony is any crime punishable by one year or more in the state prison. A “forcible felony” is any felony where force or threat of force is used.
Thus, the circumstances in which a person may legally use lethal force, such as a firearm, under Montana’s castle doctrine is a fairly narrow and legally defined set of conditions.
I have trained more than 4,000 students, in classrooms and on the range in handgun self-defense classes. I advise my students that it is always better, if it can be done safely and with sound tactics, to not use lethal force. Whenever lethal force is used, everyone involved suffers to one extent or another — physically, legally, financially, emotionally and/or psychologically.
However, I tell my students, there certainly are times when the price will be higher not to use lethal force than to use lethal force. It may cost a person his or her life to not adequately defend that life.
If a person has no other choice but to use lethal force, then it is critical to know the rules, much more than I can convey here. That’s why I strongly recommend to those who have not taken my class that they should never settle for the training that came in the box with their gun.
If you own a firearm that you may depend on for self defense, take a class. Study. Learn. Be informed!
Gary Marbut is the author of the book, “Gun Laws of Montana.” He is accepted in state and federal courts as an expert concerning self defense and use of force, and is president of the Montana Shooting Sports Association, which advocates for gun owners in Montana.
Gary Marbut, presidentMontana Shooting Sports Associationwww.mtssa.orgauthor, Gun Laws of Montana www.mtpublish.com
About Montana Shooting Sports Association:MSSA is the primary political advocate for Montana gun owners. V
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The Key To Gun Control or Ownership is Responsibility
This morning, Gary Marbut, was on a local radio show, talking about Montana Self Defense Laws; Gary was the one who drafted the current law, to be found in Montana Code Annotated, 45-3-103. I am not going to take the time to discuss the law with you, because the law has been around since 2009, and I am sure, Montanans, know the law better than I do, just becoming familiar with Montana state laws, in general, one law at a time, and all of the rest of you readers, need to look up your own state statutes or laws pertaining to self-defense, under traditional self-defense, castle doctrine, stand your ground, or defense of an occupied structure, or whatever the law is called in your state.
I have worked with legislators both locally and nationally, testified in hearings and committees, but what I will tell you is that, most state laws are very similar in content, idea, and language. Usually, one state will come up with a great law, and the rest of the states follow, then tweak the law to fit the culture, people and customs of their states, or in other words, New York state law will differ significantly from Montana; however, the western states, who share similar ideologies, cultures, histories, politics, and whatnot, will have similarly situated laws. So, what I am saying, it don't read the law in Montana, when you are from Chicago, and think that is the law in your own state.
Gun laws, probably differ more than any other state laws, due to the hot topic and emotions that go with gun ownership or the desire for gun control, so watch and know, you have similar laws, but state by state, they will differ slightly, depending on the similarities of the states, or the demographically different political structures. But states not only get legislative ideas from each other at conferences, or through research by state legislative counsels, or through news media, or sharing with friends and colleagues through nationwide conferences, in shared professions.
You also need to know that there are national legislative ideas that can be found in the Model Penal Code, or through organizations, like ALEC, although well funded, might not be politically reliable, in the sense that they may be funded and promoted by either conservative or liberal sources, and may or may not reflect the culture, politics, demography, social and other values and morals of a particular state or local. While I was working for Americans United for Life, based in Chicago, but with nationwide recognition and following, aiding states with legislation dealing with life issues, from abortion, to physician assisted suicide, I would have to do research in all 50 states, and most always, state copied each other's legislation, all but Louisiana, who followed the French legal system, rather than the English common law, but I understand that they have now changed that, and have gone with the rest of the country--good move!
Regardless of the Laws, Life is Your First Priority--You Have a Duty
We have a hot topic issue here in Missoula, Montana, that is heating up the air waves, politicians, cops, county attorneys, and defense attorneys, and interested citizens. We had, several weeks ago, a situation of a foreign exchange student from Germany, with another foreign exchange student, I believe from Ecuador, who both learned about garage hopping or garage shopping from their American teenage friends. On the night of this tragedy, these two foreign students, less familiar with the gun culture in Montana, allegedly went into an open garage, just one of them, looking for alcohol, and while the one teen entered the garage, the owner, who had previously been robbed on several occasions, opened fire, four rounds were fired, and the young man, was hit in the head and the arm, killing him.
This is tough case, the owner doesn't know who has been robbing him, he has a wife and child he is trying to protect, purses, marijuana, paraphernalia, credit cards, and such have been taken in the weeks prior to the shooting. The homeowner is claiming self-defense, I am not going to expound or give my opinion, other than to make kind of like the good neighbor policy defense or suggestion . . . always protect human life, over property! Once someone is dead, they are dead, plain and simple, no bringing them back--the property in your garage, or home, no matter how precious, can't be more valuable, than the life, of even the worst criminal.
A wife, child or grandchild are in a different arena than property, you have to protect them from home invasions, threats of assault, rape, violence and even death. That ratchets up the stakes a bit more than the property in your garage, your yard, or even your home, when you are not home. I, in my law practice, even on prioritizing my time, which as any attorney knows, is limited, used the constitutional priorities of the founding fathers, of (1) life; (2) liberty; and (3) property or the priorities from the Declaration of Independence, (1) life; (2) liberty; and (3) the pursuit of happiness.
Violent Videos, Movies, Militarization of Police, All Have Made Life Cheap
As a nation, and a world, we have become desensitized to violence, injury and death . . . all unbecoming of civilized societies, we are better than this! Life is precious, an amazing gift, who knows that this young man, that was just out on a teenage outing, not so different than we all did as young adults, still not well versed in laws, property, ownership, and guns, just our to have a good time, we are invisible and nothing will ever happen to us . . . or so we think at that age. But sad to say, it does happen to often to kids just cutting loose, some for the first time in their lives, and sometimes the one and only time, they will ever break the law, or teeter on the edge of the law, with an infraction.
There is a reason, we have a juvenile justice system in this country, kids are not adults, they are having a hard time getting through life, growing pains, rebellions, that are normal processes of growing up, spreading their wings, and jumping out of the nest, some to safe landings, others to not so safe landings. However, we as adults need to be the fence at the top of the hill, rather than the ambulance or hurst at the bottom of the hill . . . Aristotle, the great Greek philosopher and teacher, or actually, I think it was Plato, in his essay on the Republic, that if parents don't teach their children, the law will. I don't know about you, but I would much rather teach my child than have the law teach them . . . so we as parents have a duty to our children, and with caution, so do neighbors . . . these families, the one who shot the kid, and the host family, of the boy that was shot, live just doors down from each other . . . hard stuff!
Mom, What Would You Do If I Was In Jail For the Rest Of My Life?
What? My son, the one who won't let me use his name, the older brother of Elliot, had been given a ticket, while at a soccer game up in Park City, Utah, along with one of his friends, Brian, who won't read this blog, so I can use his name, for underage drinking, due to the fact that a police officer smelled alcohol on their breaths. Now, the game was during the day, and that was very out of the character I know of my son, and cops didn't like me, but just for the teaching moment, let's say, that the ticket was above board.
I don't know how long my son had the ticket or how long he had agonized about going to jail for the rest of his life, but as a parent, and also a former staff attorney for the Utah Prosecution Council, knowing all or most of the prosecutors in the state, or at least they knew of me, I was stunned that my son, didn't come and talk to me sooner. I was a pretty hard core mother, drill Sargent type, firm but fair, or maybe he didn't understand that I had connections, although I wouldn't have used them, but I was almost glad that he wrestled with the idea of going to jail the rest of his life, and he has never been in trouble since.
If I remember correctly, I took him, my nameless son, and his friend Brian to lunch and up to court, from Salt Lake, and we got the judge to reduce the class c misdemeanor to an infraction, and paid some small fine. But that was a valuable lesson to him, of what could happen to him, if he were to get a more serious charge against him--he is very law abiding to this day. My youngest son got caught, in 7th grade, smoking marijuana with a friend, again, I did not shield him from the charges, took the 6 weeks of classes with him, and watched him as he was taken out of his junior high, and had to attend an alternative school, which he hated. He, also has never had another brush with the law.
Parents, do not shield your children from the consequences of their actions . . . many times if they get away with it once or twice, they feel above the law, then they turn into Enron or Wall Street types, living life without a conscience! Youth is a time of fun, excitement, protection, and learning . . .
Parents, Neighbors & Communities--We Have A Duty To Our Youth
We can lead by example, statistics, stories, facts. This young man's life, may not go in vain, if we use this tragic event in our community, to teach parents, citizens, youth and children, to respect other people persons and property . . . the basis of property law and criminal law, don't infringe on the rights of others, the right to privacy . . . they have to learn, this doesn't come from osmosis!
Apparently, there is some dialogue, going on between the Germans, where this boy was from, and America . . . we do have a gun culture, they have safety, but do they have freedom, their guns were confiscated . . . we can help understand each other better, our laws, their laws, thus understanding the countries better. We are still the wild, wild west, in many ways. We live in a state, that just barely, last summer, I believe, got the millionth person . . . that is still way rural.
One of my friends in Kalispell, who grew up there, tells me stories, I can't believe, about poaching deer to stay alive, cutting it up and stuffing in the back seat of a sedan, with blood all over the windows, just driving by the sheriff . . . this meat was a matter of survival, back in the 70's, for her and her family. She tells me stuff that I would only think my grandparents, might, and I am saying might tell me, and I might not believe them! She keeps telling me that Montana is just out of the horse and buggy stage . . . I find it romantic, delightful, entertaining, and fun. What do I know, it is culture shock for me, and I am from a state that is closely associated through politics with Montana, Utah, who is more backward in other ways . . . like polygamy!
Responsible Gun Owners--Stay Away From Alcohol, Bad Sides of Town, Hanging Out With Questionable People
I have joked, but it is not so funny anymore, that due to the large numbers of guns in each home in Montana, there are few robberies, burglaries, and small, petty crime . . . but when there is a crime, it goes straight to murder! I belief it was Plato, that also said, the unexamined life, is not worth living, and to thine own self be true . . . you don't need to go through the agony and trauma, of someone who kills someone, unless, there is a threat of eminent danger, justifying lethal force . . . and know yourself!
My cousin, Doyle, from a rural Utah county, was up drinking with his best friend, nonetheless, and they got in an argument, drinking makes the nicest people unbearable, and my cousin's friend slit his throat and left him for dead. But for the cold weather, that coagulated the blood, or froze it, while my cousin slept off the alcohol, he would have died. A country western song, about voices from our parents and grandparents, that echo in our minds for life, has a line that says, grandpa told me to have a few, but to never cross that line, referring to alcohol . . . deaths, assaults and rapes, are mostly connected to alcohol . . .S drink responsibly and you will probably use a gun responsibly.
Some People Think, Every Woman Should Have A Gun . . . I Have a Pistol Temper, and Write With Words, Sharper Than a Two Edged Sword
I went to the Gun & Ammo Shop, in either Kalispell, or Evergreen, Montana, not sure where the city lines end and start, but I told the shop attendants, who happened to formerly be sheriffs, so maybe that is why they suggested the 2600 Rugar, to me, when I told them I was contemplating getting a gun. Holy shit, I picked up that gun and immediately dropped it, expecting them to give me a pink, Saturday Night Special or something. I was not raised with guns, nor around them much, although my father always carried a pistol in the side pocket or glove box of his car, but I picked that gun up and freaked out, and said, that gun could kill someone! They kind of looked at me, in a city girl fashion, and said, that is the idea . . .
I for one, am not mature enough to have a gun, I will have to take my chances with wit, charm, deviousness, breaking fantasies, cunning, or escape, because, I know myself, I am slow to react, usually in disbelief as realize the seriousness of the situation I am in, or think this is one fucking stupid joke . . . and those attitudes have saved me on many occasions. And I have full faith, in my ability to be smart enough to avoid most scary situations . . . I am grateful for my Mormon upbringing, that I don't drink, use drugs, or smoke. I did follow not having sex before I was married, but the Church failed to mention, no sex after marriage or divorce. So?
I Read This Quote on the Elevator Wall at St. Patrick's Hospital, Missoula, Montana
Seriousness is a sickness, your sense of humor makes you more human, more humble. The sense of humor--according to me--is one of the most essential parts of religiousness.
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