In other words, the lawmakers of that state actually took the time to write, pass and ratify laws allowing its civilians to stand their ground. A state might lay out stand-your-ground legislation by statute, or there may be judicial precedent from past court decisions on the matter.Īny state that has stand-your-ground laws by statute means that the laws themselves were passed by that state’s legislative body. Stand-your-ground states afford legal protection in one of two different ways. There are a few caveats: you cannot have evoked the impending aggression out of your attacker, and you cannot have been participating in any illegal activity. In stand-your-ground states, you are not limited to defending yourself on or in your own property you may use deadly self-defense measures in public places as long as you have a legal right to be in the area in which you are defending yourself. Stand-your-ground laws are pretty simple: you have the right to use deadly force when you believe it’s reasonable to do so to defend against deadly force, great bodily harm, rape or kidnapping. While Ohio Democrats have been challenging the bill since its signing, the law is unlikely to change. Previously, Ohioans faced a duty to retreat when encountered with a life-threatening situation in churches, businesses and other public spaces. On Monday, January 4th, 2021, Ohio Governor Mike DeWine signed a Stand-your-ground bill into law. The bill is currently moving through the House, where, despite a Republican majority, the vote is expected to be very close. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. While Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. We’ll start with the red: states that allow you to stand your ground. the right to defend yourself in your own home) applies to varying degrees depending on where you are. It’s important to understand that different states implement their stand-your-ground laws differently, and the Castle Doctrine (i.e. Though the map above may seem pretty black and white (or rather, red and blue), it’s not as straightforward as it seems. What happens, though, in the rare instances where a responsible, law-abiding gun owner actually does need to use their firearm in self-defense? Very broadly speaking, some states have stand-your-ground laws that allow you to defend yourself from an imminent and deadly attack, but others impose a duty to retreat, requiring citizens to keep their handguns holstered. Duty to Retreatįor most gun owners, responsibility and firearm safety are paramount. We’ll also lay out the states that give you the most freedom to defend yourself and others, and the states that force you to take a more restricted approach to self-defense. Where do stand-your-ground laws apply? When do you have a duty to retreat? Is the Castle Doctrine in effect everywhere in the United States? We’re going to answer all of those questions and cover the important differences between stand-your ground laws and duty to retreat laws.
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