Freshman Democratic Senator Will Parkinson introduced legislation to amend and strengthen the Castle Doctrine Act to include curtilage, which means the area of land around a house or property.
This measure aims to strengthen the Castle Doctrine in Guam as the areas that surround a person’s home, like yards, driveways and patios are an extension of the property and would be the first line of defense against intruders.
The previous language from Public Law 32-111 enacted in 2014, notes that a person has the right to use deadly force if someone breaks into their home, vehicle or business without having to retreat.
If enacted, Bill 39-37, would add to the Castle Doctrine the right of a person to use deadly force if someone trespasses the curtilage or the area outside of their homes without their permission.
According to the release, the bill also includes some of the mechanics of the Florida Stand Your Ground (SYG) law, which would note that if the person used deadly force to defend their home they are entitled to an immunity hearing.
Senator Parkinson said, “People have a right to defend themselves on their property, whether it is in the home itself, or in outside areas of their property including their yard, carport, outside kitchen, driveway or patio. You should have no expectation to retreat from intruders on your own property because the defense of a castle begins at the moat,”.
