Guam Senate Moves Bill to Expand Castle Doctrine Law to Outdoor Spaces for Vote

Guam Senators Move Bill to Expand “Castle Doctrine” Law to Outdoor Spaces for Vote

In a heated session on Tuesday, Guam senators debated and ultimately moved Bill 39-37 to the voting file, a bill that seeks to expand the territory’s “castle doctrine” law to include outdoor spaces within the boundaries of a home.

The castle doctrine currently allows individuals to use reasonable force, including deadly force, to protect themselves against intruders inside their home. However, Sen. William Parkinson’s proposed bill would extend this protection to the “curtilage” of a home, which encompasses the outside boundaries of a residence.

Parkinson argued that a 2016 Guam Supreme Court ruling limited the castle doctrine law to indoor spaces, which he believes is inadequate. “The defense of the castle begins at the moat,” Parkinson stated during the session.

The bill also addresses the obligation to retreat before using deadly force, with senators debating which outdoor spaces would be covered under the expanded law, such as porches, lanais, car ports, and outdoor kitchens.

While Parkinson advocated for the bill’s passage, some senators expressed reservations. Sen. Chris Barnett raised concerns about potential scenarios where deadly force may not be warranted, such as someone trespassing to steal fruit. Sen. Sabina Perez warned of “unintended consequences” if the bill is enacted.

Speaker Therese Terlaje argued in favor of maintaining the current law, emphasizing the need to prove self-defense when using deadly force outside of the home. She cautioned against broadening the scope of the castle doctrine, citing past incidents where individuals were shot in their yards.

Despite initial opposition, the bill eventually passed after a reconsideration motion following a failed first attempt. Parkinson highlighted a specific case as the catalyst for the bill, where legal protections under the castle doctrine were lost when a confrontation spilled from inside a home to the garage and porch.

The fate of Bill 39-37 now rests on the upcoming vote, with senators divided on whether expanding the castle doctrine to outdoor spaces is necessary for protecting homeowners’ rights and safety.