Castle Doctrine Proposal in New Mexico Senate Bill 220; George Munoz-D (Gallup)

Two NRA-backed bills have been filed in the New Mexico Legislature. Senate Bill 220, sponsored by state Senator George Munoz (D-Gallup), is a NRA-backed “Castle Doctrine” self-defense bill. SB 220, would allow lawful occupants of a dwelling to use any degree of physical force against an intruder.

Below is the current status for NEW MEXICO:

Section 30-2-7A NMSA 1978 provides that a homicide is justifiable when committed in the necessary defense of property. Although this statute has been a part of New Mexico law since 1907, the New Mexico appellate courts have never given the statute a broad interpretation. The New Mexico courts have consistently held, not always referring to the statute, that one cannot defend his property, other than his habitation, from a mere trespass to the extent of killing the aggressor. State v. McCracken, 22 N.M. 588, 166 P. 1174 (1917); State v. Martinez, 34 N.M. 112, 278 P. 210 (1929); State v. Couch, 52 N.M. 127, 193 P.2d 405 (1946).

 

Here is the updated list of the states which have adopted some form of Castle Doctrine law, as of June 21 2008. (36 STATES)

Alabama, Alaska, Colorado, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Washington, West Virginia, Wyoming

Check the Wikipedia page for updates and for the distinction between “no duty to retreat” states vs. “no duty to retreat in your own home.”  There is obviously a difference.

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