As per usual, I am not lawyer (though my son in law will be one soon!. This, as always, is not legal advice.
Many states have enacted so-called stand your ground laws that remove the duty to retreat before using force in self-defense. Florida passed the first such law in 2005, generally allowing people to stand their ground instead of retreating if they reasonably believe doing so will "prevent death or great bodily harm."
Other states followed with laws specifically affirming one's right to defend themselves, even outside of their homes and with deadly force if necessary. The wording of each state's laws will vary, but typically require you to have the right to be at a location. State self-defense laws may also overlap, but generally fall into three general categories:
1. Stand Your Ground: No duty to retreat from the situation before resorting to deadly force; not limited to your property (home, office, etc.).
2. Castle Doctrine: Limited to real property, such as your home, yard, or private office; no duty to retreat (use of deadly force against intruders is legal in most situations); some states, like Missouri and Ohio, even include personal vehicles.
3. Duty to Retreat: Must retreat from the situation if you feel threatened (use of deadly force is considered a last resort); may not use deadly force if you are safely inside your home.
Here are the states that have passed stand your ground laws:
Alabama
Alaska
Arizona
Florida
Georgia
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Montana
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
West Virginia
Note: Some states have adopted stand your ground-like doctrines through judicial interpretation of their self-defense laws -- but they are not included on this list.
Some states have self-defense laws on the books that are similar to stand your ground laws, often with at least one key difference. These laws generally apply only to the home or other real property (such as an office) and are often referred to as "castle doctrine" or "defense of habitation" laws. Most U.S. states have castle doctrine laws, including California, Illinois, Iowa, Oregon, and Washington.
A “stand your ground” law means someone can, well, stand his ground, and use up to lethal force even if he can safely retreat while under imminent threat. The “castle doctrine” laws, which remove the duty to retreat in a legally occupied setting, such as your home, office, or car (your “castle”). “Stand your ground” is by and large an expansion of “castle doctrine”: While the latter only removes the duty to retreat in your home, the former removes the duty to retreat everywhere — whether you’re in a grocery store, park, or street.
You’ll hear many different people say different things about the castle doctrine. Like if you shoot someone outside your house you’d better drag them inside. This is not true. But in any case you may be free from criminal prosecution but don’t expect the same thing to happen in a civil suit. So the decision to press the trigger is an immense one. Living with the thought of taking a life is bad enough, then going through a legal battle can become a nightmare. We must defend ourselves to be sure. But know the implications of using lethal force.
I’m not trying to discourage anyone from defense or from carrying a gun. On the contrary, I am a defense advocate, but we need to be real about the consequences.
Find your state law and study it. Know all the details of “stand your ground” or “castle doctrine”.
I think everyone who defends themselves with a gun should have a lawyer on speed dial. Look ahead of time, before you need one, for a lawyer who has experience in self-defense cases.
There are some organizations that will defend it’s members:
The Armed Citizen’s Legal Defense Network
https://armedcitizensnetwork.org/
USCCA (United States Concealed Carry Association)
https://www.usconcealedcarry.com/membership/
NRA Carry Guard
https://www.nracarryguard.com/
These are just a few.
There is really no excuse for not knowing your local carry and self-defense laws. They are easy to find on the internet. I am not suggesting you become a lawyer but you should know your laws. Once you learn these laws I would suggest you not quote them to a police officer if you get pulled over or at any other time. Most law enforcement keep up on these laws but be careful with interpretation of law by law enforcement. My advice is to not argue with a police officer.
Get educated and then continue your shooting training. Hopefully you’ll never need the training or the lawyer on speed-dial, but if you do, be prepared.
Semper Paratus
Check 6
Burn
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