I think it is time that we discussed curtilage. Now some of you are probably like what the heck is he going on about and how does this apply to firearms and self-defense. So, what is curtilage. When you look at the Webster dictionary the meaning of curtilage is the area surrounding and associated with a home. Now since we are talking about self-defense with the chance of deadly force in self-defense, we will need to look at the Supreme Court definition of curtilage, which says it is the area around a house that the homeowners use as part of their daily lives. So why are we having this conversation, because nothing in there says anything about having a 20-yard radius around your house or having 30 feet from your front door or back door.
When speaking with a self-defense attorney, the legal system is pretty much saying that curtilage is your front yard, backyard, driveway, patio, deck, or any of your property near and around your house or dwelling. This will even apply even if you have gates and fences with no trespassing signs properly posted everywhere on your property. Remember like I have discussed before we have a legal system, not a justice system. Because when I started to dig into curtilage and looking to see what the legal system is saying it was crazy looking at some of the interpretations when looking at different cities, counties and states. Well, what do you mean you ask? Here you go and my particular favorite is the last one which we will talk about shortly.
- the area immediately surrounding a dwelling or the enclosed space of ground and buildings immediately surrounding a dwelling or house
- the distance from the home to the location.
- whether the location is an enclosure surrounding the home.
- the nature of the use to which the location is put
- the steps taken by the resident to protect the area from observation by people passing by.
Yes, there you have, our legal system at its best. So, what does all that mean, you ask? Well, that means people are going to interpret things differently with our laws inside the legal system because what do they mean by an enclosure surrounding the home. Does that mean it has to be a building around the home or a fence, and then what type of fence does it need to be, chain link or wood. That is why number 5 is my favorite because the way I take that is if you walk or drive by my house and look at it, I can defend it using deadly force. Now some of you might read it a different way. This is why I wanted to have this conversation and help everyone understand what curtilage is.
This is all to help you understand that when you are outside your home, it is best to treat it like in public. Being outside your home and needing to defend yourself WILL NOT be the same as inside your home. This means when you are outside your home the threat must have the means and opportunity to hurt or kill. Now for South Carolina they only say that they would like you to try and avoid it if you can, but we are a stand your ground state, which means you have no duty to retreat. Make sure that you do look into what your state says around curtilage and understand your self defense laws. I have plenty of links on this website to help you, but if you have questions reach out to me and I will do my best to help you. Please folks know and understand your self defense laws for inside and outside your home, and as a back up I highly recommend becoming a member of USCCA because this is what they are here for. The very last thing I will say is if something does happen you have the right to remain silent, it is the beginning of your Miranda rights. Remaining silent is not an admission of guilt. Stay safe folks and hope to see you in an upcoming class soon, and remember we also travel and will come to you.
Don’t forget
If you’re not SHOOTING, you’re RELOADING
If you’re not RELOADING, you’re FIGHTING
If you’re not FIGHTING, YOU’RE DEAD
Train to LIVE, see you on the range