Avatar feed
Responses: 5
SFC Melvin Brandenburg
3
3
0
I prefer stand your ground
(3)
Comment
(0)
Avatar small
CPL Douglas Chrysler
2
2
0
Sounds too complicated. I've been in altercations where I never even thought to remind myself I am armed. So, if nothing else, I have proven if I were to use deadly force; then rest assured it would have been necessary.
(2)
Comment
(0)
Avatar small
SFC Ralph E Kelley
2
2
0
Edited >1 y ago
Twelve states impose a duty to retreat "when one can do so with absolute safety". If it is unsafe to retreat then citizen has a mandate to Self-Defense of Self and Others.
However Thirty-Eight states have "No Duty to Retreat, Stand Your Ground" laws on their books. That is more than the Thirty-Four (2/3s) states required for an Article V, Convention of States Constitutional Amendment submission + the Thirty-Eight states needed for the 3/4 mandatory votes to pass a National "Stand Your Ground" 28th Amendment to the Constitution.
.
NOTE everyone should see #3 below and additionally #6 and #7 in some circumstances.
Here's a breakdown of the "Stand Your Ground States.
United States Laws
Stand your ground law by US jurisdiction
Stand-your-ground by statute
Stand-your-ground by judicial decision or jury instruction
Duty to retreat except in one's home
Duty to retreat except in one's home or workplace
Duty to retreat except in one's home or vehicle or workplace
Middle-ground approach (DC)
No settled rule (AS, VI)
1. Thirty-Eight states are stand-your-ground states, Thirty by statutes providing "that there is no duty to retreat from an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming; Puerto Rico is also stand-your-ground. Of these, at least eleven include "may stand his or her ground" language (Alabama, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania, South Carolina, and South Dakota). Pennsylvania limits the no-duty-to-retreat principle to situations where the defender is resisting attack with a deadly weapon.
2. The remaining Eight of the Thirty-Eight stand-your-ground states have case law/precedent or jury instructions so providing: California, Colorado, Illinois, New Mexico, Oregon, Vermont, Virginia and Washington; the Commonwealth of the Northern Mariana Islands also falls within this category.
3. Twelve states impose a duty to retreat "when one can do so with ABSOLUTE SAFETY: Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, Rhode Island, and Wisconsin. New York, however, DOES NOT require retreat when one is threatened with robbery, burglary, kidnapping, or sexual assault.
4. Washington, D.C. adopts a "middle ground" approach, under which "The law does not require a person to retreat," but "in deciding whether [defendant] reasonably at the time of the incident believed that she/he was in imminent danger of death or serious bodily harm and that deadly force was necessary to repel that danger, you may consider, along with any other evidence, whether the [defendant] could have safely retreated ... but did not." NOTE1 - Washington DC is not a State but a Federal District.
5. There is no settled rule on the subject in American Samoa and the U.S. Virgin Islands. (Both use Territorial Federal Statutes)
6. In all the duty to retreat states, the duty to retreat does not apply when the defender is in the defender's home (except, in some jurisdictions, when the defender is defending against a fellow occupant of that home). This is known as the "castle doctrine".
7. In Connecticut, Delaware, Hawaii, and Nebraska, the duty to retreat also does not apply when the defender is in the defender's place of work; the same is true in Wisconsin and Guam, but only if the defender is the owner or operator of the workplace.
8. In Wisconsin and Guam (Territorial Federal Statutes), the duty to retreat also does not apply when the defender is in the defender's vehicle.
9. Twenty-Two states have laws that "provide civil immunity under certain self-defense circumstances" (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin). At least six states have laws stating that "civil remedies are unaffected by criminal provisions of self-defense law" (Hawaii, Missouri, Nebraska, New Jersey, North Dakota, and Tennessee).
Source: https://en.wikipedia.org/wiki/Stand-your-ground_law
.
(2)
Comment
(0)
Avatar small

Join nearly 2 million former and current members of the US military, just like you.

close