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A Man’s Home is His Castle

castle doctrine

A Man’s Home is His Castle

By Donna Capurso

Castle
Photo Credit: Donna Capurso for Redoubt News.

On Saturday evening, September 24th, approximately 100+ people turned out at the Boundary County Fairgrounds in Bonners Ferry at 5:30 p.m. to attend a Second Amendment Rally and to learn about the “ Castle Doctrine.”  The evening started out with Linda Fontanes’ homemade chili, with bread & butter and lots of conversation among the attendees.

castle
Photo Credit: Donna Capurso for Redoubt News.

 

Our Idaho State Representative for Legislative District 1, Heather Scott, started the program by welcoming everyone that came and invited 10 year old Ryan Durbin to give the invocation and to lead us in the pledge of allegiance.  Ryan is known in this area as the promoter for “Protect My Idaho” and gave a short presentation on the importance of voting.

Richard Harker, a local Clark Fork resident, spoke about the importance of the 1st and 2nd Amendments and how these rights are God Given.  He provided an analogy of our

castle
Photo Credit: Donna Capurso for Redoubt News.

2nd Amendment as being a whole loaf of bread when the U.S. Constitution became law.  He explained that in 1934 the first firearm law took away half of our 2nd amendment loaf of bread, and then in 1968 the Marxists took half of our half a loaf and then in 1994 the Brady Bill left us with some bread crumbs.  It will be up to “We the People” to get our loaf of bread back.

Christy Zito won the primary election in Elmore County this past May against anti-gun incumbent Richard Wills in Idaho District 23 for Seat A.  She lives in Hammett with her daughter Elizabeth where she has a small farm.  Christy explained how important the 2nd Amendment is and how she and her daughter, who was 11 at the time, were accosted by two men in a vehicle playing cat and mouse with them while driving on a trip for about 100 miles.  They ran her off the road into barricades for road

castle
Photo Credit: Donna Capurso for Redoubt News.

construction and when the two men came towards her in her locked vehicle when she could not move her vehicle, they took off when she showed them that she was armed and she was ready to do what was needed to keep her daughter safe.  When she spoke with passion of this experience she reminded me of a mama bear ready to protect her cub at any cost.  Christy spoke about needing the ability to protect our homes and families and that we need to elect people that walk the walk.  Christy has five children and eleven grandchildren.

Heather introduced Greg Pruett, who is the founder and president of ISAA, the Idaho Second Amendment Alliance.  For several years the ISAA tried to work within the legislative system but the politicians ignored Idaho’s gun owners then things began to change with the help of Heather Scott at the behest of Greg.  House Bill 89 for permitless or Constitutional carry was introduced but unfortunately this bill died in the State Affairs Committee in February of 2015 and Idaho citizens became extremely frustrated.  HB89 can be viewed here.

Idaho gun owners had been demanding Constitutional Carry for years and they were being ignored once again.  Months of phone calls and emails failed to persuade the legislature to take up House Bill 89 which was the ISAA’s draft of Constitutional Carry.  In 2016 perhaps the legislature felt the anger and frustration of Idaho’s gun owners growing.  In the 2016 Idaho Legislative session ISAA finally ended up with Senate Bill 1389 which was passed into law and took effect on July 1st, 2016. Senate Bill 1389 is Idaho’s Constitutional Carry but was not quite the bill that ISAA had hoped for and ISAA feels they have cleanup work to do.

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Linda cooking for a large group! – Photo Credit: Donna Capurso for Redoubt News.

Greg spoke at length about the Castle Doctrine.  He explained that currently in Idaho law, if you shoot or kill someone who invades your home, you have to basically prove that you “feared for your life.”  Both Texas and Florida have Castle Doctrines and Greg would like to model this doctrine for Idaho but to extend it to your vehicle and workplace and that you would be presumed innocent unless the perpetrator can prove otherwise.  He said he would want Idaho’s law to provide protection from civil lawsuits by the perpetrator or his family if the invader is deceased.  This doctrine is defined in Wikipedia as: “A Castle Doctrine (also known as a castle law or a defense of habitation law) is a legal doctrine that designates a person’s abode or any legally occupied place – e.g., a vehicle or workplace, as a place in which that person has protections and immunities permitting him or her, in certain circumstances, to use force (up to and including deadly force) to defend himself or herself against an intruder, free from legal prosecution for the consequences of the force used and Castle doctrines negate the duty to retreat when an individual is assaulted in a place where that individual has a right to be.”

Heather will be working with Greg on creating a bill to institute a Castle Doctrine for Idaho.  She will need our help with emails and phone calls when this bill comes before committee so that it will not be forestalled there.  ISAA also has a petition you can sign supporting this doctrine for Idaho (which many of us signed at the rally last night) but you can access this petition at: This link.  After the election I will put together email lists for the Idaho Senate as well as the House so that you can create email distribution lists and then you can zap each body at one fell swoop when you want to make your voice heard as part of “We the People.”  Greg referred to this as “confrontational politics.”

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Rep. Sage Dixon – Photo Credit: Donna Capurso for Redoubt News.

The ISAA will not stand for anyone compromising your gun rights away. There is no “give us this and we’ll give you that.” They demand the full restoration of the 2nd Amendment and they will fight day and night to ensure that happens at both the city, county, and state level.  If you would like to donate to this organization in order to assist them in their quest to protect our 2nd Amendment rights, you can donate here.

When folks ask me about when they should carry a firearm, my response is this:  “A gun is like a parachute…the first time you need one and you don’t have one, you may never need one again.”

In the name of freedom and liberty for “We the People.”

A great big hat tip to the Oath Keepers of Boundary County for providing security!

2 Comments on A Man’s Home is His Castle

  1. It is unconstitutional to have to prove that you “feared for your life”. Idaho bill should be declared “null and void”. The People have an inalienable right to defend their family and property. Throw all the Idaho Legislators out of office who are violating US Constitution. Take Back America!

  2. I would say those that created this nation KNOW what was delegated to be under to those who serve within our governments to do. No one who serves within our governments – state and federal – was delegated any authority over the American people and arms. Actually the Preamble to the Bill of rights makes it clear that those are things that were NOT delegated to those who serve within our government, are forbidden to them; or things that they are allowed to do ONLY under specific named-in-writing conditions, and then only implemented in named-in-writing way(s). It forbids or puts limits on those that serve within our governments because they are rights the people retained for themselves.

    Cockrum v. State: “The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers delegated directly to the citizen, and is excepted out of the general powers of government. A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power”.

    Bliss v. Commonwealth: “Arms restrictions – even concealed weapons bans – are unconstitutional, since arms bearing is an individual right and the legislature may not restrict any aspect of such a right.”

    Nunn vs. State: ‘The right of the people to keep and bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the milita, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”

    Editorial on Gage’s proclamation stressed that an armed populace must keep those that serve within government in check: “The opposing an arbitrary measure, or resisting an illegal force, is no more rebellion than to refuse obedience to a highway-man who demands your purse, or to fight a wild beast, that came to devour you. It is morally lawful, in all limited governments, to resist that force that wants political power, from the petty constable to the king… THEY ARE REBELS WHO ARM AGAINST THE CONSTITUTION, NOT THEY WHO DEFEND IT BY ARMS.” (“A Freeman,” PA. EVENING POST, June 27, 1775, at 2. [Vol. 7:2])

    Something to also consider is this from our recent history;
    Justice Robert H. Jackson (Chief of Counsel for the United States, Nuremberg Trials – Nazi Germany): “It is not the function of the government to keep the citizen from falling into error; it is the function of the citizen to keep the government from falling into error”.

    And Ronald Reagan: “… And by the way, the Constitution does not say Government shall decree the right to keep and bear arms. The Constitution says ‘The right of the people to keep and bear arms shall not be infringed”.”

    Color of Law, pretend “laws” are not allowed here in the USA. But the people’s ignorance is often used against them, and when that was not enough, people ignorant of the American ideal has been being imported here – legally and illegally – to destroy our nation from within.

    Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. THEIR SWORDS, AND EVERY OTHER TERRIBLE IMPLEMENT OF THE SOLDIER, ARE THE BIRTH-RIGHT OF AN AMERICAN… THE UNLIMITED POWER OF THE SWORD IS NOT IN THE HANDS OF EITHER THE FEDERAL OR STATE GOVERNMENTS BUT, where I trust in God it will ever remain, IN THE HANDS OF THE PEOPLE.” (Delegate to the Constitutional Convention of 1787)

    Consider that under our laws those that use force or the threat of force to enforce color of law, which has no lawful jurisdiction within our nation, are made into *Terrorists when used against their own nation and people in order to destroy it from within. The supreme LAW of this nation that all legislation must follow (be in Pursuance thereof) is also the definer of the governments of our nation. It says in writing what is allowed by those that serve within it, and by omitting it, or assigning it elsewhere it limits the lawful authority they may use.

    Cicero, 55 BC: “A nation can survive its fools, and even the ambitious. But it cannot survive treason from within. An enemy at the gates is less formidable, for he is known and carries his banner openly. But the traitor moves amongst those within the gate freely, his sly whispers rustling through all the alleys, heard in the very halls of government itself. For the traitor appears not a traitor; he speaks in accents familiar to his victims, and he wears their face and their arguments, he appeals to the baseness that lies deep in the hearts of all men. He rots the soul of a nation, he works secretly and unknown in the night to undermine the pillars of the city, he infects the body politic so that it can no longer resist. A murderer is less to fear. The traitor is the plague.”

    William Rawle, describes the scope of the Second Amendment’s right to keep and bear arms: “The prohibition is general. No clause in the constitution could by any rule of construction be conceived to give congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretence by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.” (His work was adopted as a constitutional law textbook at West Point and other institutions, and he was United States Attorney for Pennsylvania)

    Richard Henry Lee: “Whereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion. The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans (lower case “r”) are for carefully guarding against it.” (Initiator of the Declaration of Independence, and member of the first Senate, which passed the Bill of Rights, 1788)

    Hamilton, Federalist 33: “But it will not follow from this doctrine [that laws passed by Congress are the Supreme law of the land] that acts of the large society which are NOT PURSUANT to its constitutional powers, but which are invasions of the residuary authorities of the smaller societies, will become the supreme law of the land. These will be merely acts of usurpation, and will deserve to be treated as such.”

    President Andrew Johnson: “Outside of the Constitution we have no legal authority more than private citizens, and within it we have only so much as that instrument gives us. This broad principle limits all our functions and applies to all subjects.”

    Color of Law: “The appearance or semblance, without the substance, of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state, is action taken under “color of law.” Black’s Law Dictionary, Fifth Edition, page 241.

    28 C.F.R. Section 0.85 Terrorism is defined as “the unlawful use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives”

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