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Murder or

Self DefenseThe Law Of Stand Your Ground

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In all jurisdictions if certain requirements are met, people have the right to defend themselves against an attacker. This is the legal concept of self-defense.

The “when, where, and why” of the permissible use of deadly force are the subjects of a myriad of self-defense laws; a portion of which have come to be known as “Stand Your Ground” laws.

“Stand Your Ground” is a common name for a type of self-defense law that allows a person to use deadly force when the person has a reasonable belief that deadly force is necessary to prevent death or serious bodily harm, and does not require the person to retreat before doing so.

However, stand your ground laws vary greatly in their protection from state to state.

Gun Owners Stand Your Ground!

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Murder or Self- Defense: The Law of Stand Your Ground

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Each state and its legislature has to decide exactly what protections to give individuals under its particular version of laws dealing with justification of the use of deadly force including stand your ground type laws.

The following are some key points each state must decide concerning what to include or not include in their self-defense and stand your ground laws:

• Locations where a person may use deadly force under certain conditions, including dwellings, vehicles, businesses, and other public places where a person is legally present;

• Does a person have a “duty to retreat” before resorting to the use of deadly force in self-defense;

The Supreme Court of the United States used the phrase “stand your ground” in the case of Beard v. U.S. in 1895 that a man who was “on his premises” when he came under attack and “...did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm...was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground.”

Where did the term “Stand Your Ground” come from?

What Are “Stand Your Ground Laws?”

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• Will there be a presumption of reasonableness in favor of a person who uses deadly force under certain conditions;

• What, if any, civil immunity will be provided for a person who uses deadly force under certain conditions; or

• Will the law allow a person to use deadly force to stop the commission of certain felonies.

Whether a state adopts any or all of these issues determines whether an action is legally justifiable or is a crime.

Closely related to Stand Your Ground laws are laws that are commonly referred to as “Castle Doctrine Laws” or “Castle Laws.”

These types of state laws have evolved from the old English common law that a person’s home is their castle and their individual sovereignty reigns over it.

Castle Doctrine holds that a person has certain protections and immunities permitting them to use deadly force, with a presumption of reasonableness, in certain situations without having to retreat first.

While not a legal term in most states, numerous states have adopted this basic “no duty to retreat in your home” law. But note there are a significant number of jurisdictions have very watered down laws that do not offer legal gun owners much protection.

Castle Doctrine

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Each state has their own version of self-defense laws, whether it includes the Castle Doctrine, Stand Your Ground laws, or some other variation.

Currently, the laws in at least 22 states provide that there is no duty to retreat from an attacker in any place in which one is lawfully present (Alabama, Arizona, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah and West Virginia).

At least nine of those states include language stating one may “stand his or her ground” (Alabama, Florida, Georgia, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania and South Carolina).

However, even when comparing the laws of states with similar statutes, the small differences can be massively important in the legal context. So know the law of the state where you are located!

See below to find your state’s Stand Your Ground Laws.

On the other hand, many have expanded the concept beyond the home to include the vehicle, place of business, or other places you are legally entitled to be.

Stand Your Ground Laws in Various States

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STAND YOUR GROUND LAWS BY STATEThese free state law special reports are currently only available for Colorado and Florida residents.

FLORIDAFREE FLORIDA SPECIAL REPORT - STAND YOUR GROUND/CASTLE DOCTRINE

COLORADOFREE COLORADO SPECIAL REPORT - WHEN CAN I SHOOT? KNOWING THE LAW OF DEADLY FORCE

TEXASTEXAS SPECIAL REPORT - WHEN CAN I LEGALLY SHOOT? KNOWING THE LAW OF DEADLY FORCE