(D) Senator trying to reverse stand your ground. (R) Senator Ligon's response.

This is the other side of the coin:

http://en.wikipedia.org/wiki/Duty_to_retreat

Some states (Mass, I think) used to have law which codified the "duty to retreat." This meant that someone would have to try to leave their own house to avoid using their gun to defend themselves. Even to the point of exiting through a second story window if available.

Stand your ground is important. It may seem like common sense, but if you are outside of your home, some states still have some kind of "duty to retreat." If they somehow kill "stand your ground" , then it will be much harder to avoid legal troubles after defending yourself. Of course, anti-gunners would love that. The more trouble they can cause for us, the better.

Castle doctrine/laws protect the individual from being punished by the criminal, family or friends of criminals within their own home when lawfully and honestly defending themselves. Stand your ground laws extend that same protection outside the home. They prevent criminals and their family/friends from dragging their intended victim through the legal system to punish them from legally defending themselves. It prevents criminals from suing victims for damages despite those incurred during the commission a criminal act! Yes they did and triggered both castle and stand your ground laws.

http://en.wikipedia.org/wiki/Castle_Doctrine_in_the_United_States#State-by-state_positions

States with weak or no castle laws:

District of Columbia
Nebraska - a bill was introduced in January 2012 that allowed deadly force against a person who broke into a house or occupied vehicle or who tried to kidnap someone from a house or vehicle; however, the bill was revised to include only an affirmative defense from lawsuits pertaining to justifiable use of force.
New Mexico
South Dakota - "Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is." See South Dakota Codified Laws 22-16-34 (2005).
Vermont

Not much on who has duty to retreat laws but this is informative and dated 7/2013. http://www.volokh.com/2013/07/17/duty-to-retreat/

Duty to retreat states:

•Northeast/Mid-Atlantic: Connecticut, Delaware, Maine, Maryland, Massachusetts, New Jersey, New York, Pennsylvania, Rhode Island.
•Midwest/Plains: Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Wisconsin.
•West: Hawaii, Wyoming.
 
Last edited:
Back
Top Bottom