Stand your ground law

A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) is a justification in a criminal case, whereby defendants can "stand their ground" and use force without retreating, in order to protect and defend themselves or others against threats or perceived threats. An example is where there is no duty to retreat from any place where they have a lawful right to be, and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm or death. One case describes "the 'stand your ground' law... a person has a right to expect absolute safety in a place they have a right to be, and may use deadly force to repel an unlawful intruder." Justification using stand-your-ground laws may be limited in that the justification cannot be used in some cases where defendant was engaged in other illegal conduct at the time, when "[the defendant] was engaged in illegal activities and not entitled to benefit from provisions of the 'stand your ground' law".

This castle doctrine gives immunity from liability to individuals (i.e., there is no duty to retreat) when an intruder enters their home. Of these, twenty-two jurisdictions have also extended the immunity to other locations, some extending it to anywhere where a person may legally be.

Other restrictions may still exist, however. For example, a person carrying a firearm or other weapon in public (whether concealed or openly) must do so in a legal manner.

The states that have legislatively adopted stand-your-ground laws are Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina (Stand Your Ground law (N.C.G.S. 14 51.3)), North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin.

The states that have adopted stand-your-ground in practice, either through case law/precedent, jury instructions or by other means, are California, Colorado, Idaho, Illinois, New Mexico, Oregon, Virginia, and Washington.

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Wikipedia