Defending Property During Civil Unrest: What the Law Says

Defending property during civil unrest refers to the legal and physical actions taken by individuals or businesses to prevent or stop unlawful entry, theft, or destruction of property during widespread disorder. Civil unrest scenarios may include:

• Riots or mass protests turning violent

• Looting following natural disasters

• Organized or opportunistic mob actions

• Attacks on businesses, vehicles, or homes

Property defense can range from basic deterrents like lighting and cameras to physical presence or use of force. But the legal boundaries differ depending on the situation, location, and nature of the threat.

The cornerstone of property defense laws lies in the principle of reasonable force . In nearly all U.S. jurisdictions, individuals are permitted to use a reasonable level of force to prevent theft, trespass, or vandalism—but not deadly force unless a clear threat to personal safety exists.

• Non-deadly force is generally allowed to remove or deter trespassers.

• Deadly force is only justified when the defender reasonably believes their life—or someone else's—is in immediate danger.

Example: You may push someone off your porch to stop them from breaking a window, but shooting a fleeing looter may not be legally justified unless they posed a deadly threat.

Castle Doctrine

The Castle Doctrine allows people to use deadly force without a duty to retreat when an intruder unlawfully enters their home. In some states, this extends to businesses or occupied vehicles.

Key elements:

• Must be on your own property

• The intruder must enter unlawfully

• You must reasonably fear death or serious harm

Stand Your Ground Laws

Stand Your Ground laws expand upon the Castle Doctrine by removing the duty to retreat in any place you have a legal right to be. Not all states have adopted this principle, and its application varies.

Duty to Retreat

In contrast, some states impose a duty to retreat , meaning individuals must attempt to avoid confrontation before using force, unless inside their own home.

When civil unrest leads to property threats, civilians must be especially cautious about how they respond. Laws tend to favor defensive actions only when faced with an immediate threat to life.

What civilians can do :

• Use non-lethal tools (pepper spray, alarms)

• Call law enforcement immediately

• Secure exits, barricade doors, and record video

• Use physical force to stop active breaking and entering

What civilians cannot do :

• Use deadly force solely to protect property

• Fire warning shots (illegal in many states)

• Pursue fleeing suspects and engage them physically

• Set traps or use booby traps to deter looters

For business owners, protecting commercial property during unrest involves balancing deterrence, insurance coverage, and legal liability.

Recommended steps:

• Install high-resolution cameras with cloud backup

• Use reinforced glass, steel gates, or roll-down shutters

• Post signage (e.g., "No Trespassing," "Surveillance in Use")

• Avoid staying inside the building during known high-risk events unless necessary

• Coordinate with local law enforcement and consider private security

Can a Business Owner Use a Firearm?

Only if there’s an imminent threat to life . Protecting merchandise or cash registers—even if looters are present—does not automatically justify the use of deadly force.

Physical confrontation is the last resort. Many preventative strategies can help secure property before it becomes a target:

• Environmental design: Trim bushes, add floodlights, and remove hiding spots.

• Layered access control: Use fences, reinforced doors, and internal locks.

• Remote monitoring: Security systems with live alerts allow quicker response.

• Community coordination: Join or form neighborhood or merchant watch groups.

• Alarm systems: Loud alarms can deter vandals before they gain entry.

These approaches are both effective and legally safe.

Even if the use of force appears justified, it often triggers a legal review. Expect investigations, especially if someone is injured or killed.

Key post-incident steps:

• Call 911 immediately—even if the threat is over.

• Do not tamper with the scene.

• Do not make statements without legal counsel present.

• Collect and preserve any video evidence.

• Document the sequence of events in writing.

State-by-State Variations in Property Defense Laws

Each U.S. state has its own interpretation of when and how force may be used to defend property.

Always consult a licensed attorney or state statute for your jurisdiction.

Case 1: Homeowner Confronts Looters

In Missouri, a homeowner faced a group attempting to break into his garage during a riot. He stayed inside, armed, issued a verbal warning, and the group dispersed. No shots were fired, and police later confirmed that his actions were lawful and restrained.

Case 2: Business Owner Fires Warning Shot

A store owner in Illinois discharged a warning shot during looting. Though no one was injured, he was arrested for reckless discharge of a firearm. The state did not recognize warning shots as legal force under self-defense laws.

Common Mistakes to Avoid

• Assuming property rights = use of deadly force rights

• Using force against non-violent trespassers

• Failing to report incidents promptly

• Posting threats on social media before unrest

• Mishandling firearms during tense situations

Even if morally justifiable, these mistakes can result in serious legal consequences.

Final Note:

The law surrounding property defense during civil unrest is complex, nuanced, and varies by jurisdiction. While emotions can run high during these events, responsible preparation, legal knowledge, and restraint are your best tools for protecting both your property and your freedom.