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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? Were going to answer all of those questions and cover the important differences between stand-your ground laws and duty to retreat laws. Well 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.

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For most gun owners, responsibility and firearm safety are paramount. 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.

Though the map above may seem pretty black and white (or rather, red and blue), its not as straightforward as it seems. Its important to understand that different states implement their stand-your-ground laws differently, and the Castle Doctrine (i.e. the right to defend yourself in your own home) applies to varying degrees depending on where you are. Well start with the red: states that allow you to stand your ground.

ArkansasWhile Arkansas currently has no Stand-your-ground laws in effect and instead enforces a duty to retreat, that may soon change. On January 19th, 2021, a Stand-your-ground bill sponsored by Senator Bob Ballinger quickly passed through the Arkansas Senate. The bill is currently moving through the House, where, despite a Republican majority, the vote is expected to be very close.

OhioOn Monday, January 4th, 2021, Ohio Governor Mike DeWine signed a Stand-your-ground bill into law. Previously, Ohioans faced a duty to retreat when encountered with a life-threatening situation in churches, businesses and other public spaces. That is no longer the case. While Ohio Democrats have been challenging the bill since its signing, the law is unlikely to change.

Stand-your-ground laws are pretty simple: you have the right to use deadly force when you believe its reasonable to do so to defend against deadly force, great bodily harm, rape or kidnapping. 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. 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.

Stand-your-ground states afford legal protection in one of two different ways. A state might lay out stand-your-ground legislation by statute, or there may be judicial precedent from past court decisions on the matter.

By StatuteAny state that has stand-your-ground laws by statute means that the laws themselves were passed by that states legislative body. 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. States whose legislatures have passed stand-your-ground laws include: Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia and Wyoming.

By Judicial PrecedentWhile some states havent explicitly passed stand-your-ground laws in their legislature, their courts have decided, through the process of trying cases, that the right to stand ones ground does apply. The precedent set by past court decisions typically and heavily influences future court decisions, so while certain states dont actually have stand-your-ground laws on the books, they implicitly have them by way of their courts. These states include: California, Colorado, Illinois, New Mexico, Oregon, Vermont, Virginia and Washington.

Many states would rather its citizens avoid armed conflict, if possible. Duty to retreat states maintain that it is a persons responsibility to retreat from a conflict when they are attacked, or defending another person who was attacked. In these states, you may not use deadly force if it is possible to retreat instead.

The use of the words if it is possible makes these laws highly subjective and inconsistently enforced in practice. Luckily, people living in these states still have the Castle Doctrine on their side, and it serves as the exception to the rule to retreat.

The Castle Doctrine is, essentially, a set of stand-your-ground principles that applies to your home. It comes from the old English idea that a mans home is his castle even the king could not enter an Englishmans home without the homeowners permission. There are certain provisions that apply to the Castle Doctrine, but responsible gun owners should have no problem distinguishing them:

Among duty to retreat states, there exists a spectrum of responsibilities. Some enforce the Castle Doctrine only within ones home, while others allow its use in a few additional locations, such as your vehicle or workplace.

Duty to Retreat Except in Ones HomeArkansas, Hawaii, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York and Rhode Island place the biggest burden on their residents to retreat from a violent encounter. In these states, the only location in which you are allowed to defend yourself without first attempting to retreat is within your own home.

Duty to Retreat Except in Ones Home or WorkplaceConnecticut, Delaware, Nebraska and North Dakota allow a bit more freedom for its residents to defend themselves. They still have the duty to retreat in public places and in their vehicle, but if they are in their home or workplace, the Castle Doctrine applies.

Duty to Retreat Except in Ones Home, Vehicle or WorkplaceWisconsin imposes the smallest onus on its citizens to retreat of any state that doesn't have stand-your-ground laws. The Castle Doctrine applies in your home, your vehicle and your workplace.

While opinions on this topic continue to be politically charged and often controversial, understanding what your state expects of you in a self-defense situation matters. Your states laws may frustrate you, and you may disagree with them, but as a responsible gun owner, its crucial that you adhere to them. After all, if youre forced to use your weapon to defend yourself in a life-threatening situation, the last thing youll want is to be found criminally liable. Make sure you understand your states laws and follow them closely, and most importantly, stay safe.

Note: The information in this article is intended for educational purposes only. It is subject to change, and should not be construed as official or legal advice.

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Stand Your Ground Law: All 50 States Reviewed - TacticalGear.com

WNY native Carson Senfield was shot and killed after allegedly trying to get in someone's vehicle on September 17, it's unclear if Stand Your Ground law will apply.

TAMPA, Fla. Carson Senfield was shot and killed after allegedly trying to enter someone's vehicle on September 17 in Tampa, Florida.

According to the Tampa Police Department, the Orchard Park native took an Uber home after a night out with friends on his birthday. After exiting the Uber, Senfield, and his friends, allegedly tried to enter someone's vehicle.

Tampa Police say the driver "feared for his life," then allegedly shot and killed Senfield.

Senfield was a 2021 graduate of Orchard Park High School.

Tampa Police have not released the name of the alleged shooter, nor have any charges been filed. The Florida State Attorney is aware of the case.

Florida does have a stand-your-ground law enacted, though until more facts are available, it's unclear if the law would apply in this case.

"What the facts have to be here to excuse this act that resulted in death is that there has to have been a forcible entry," said attorney Paul Cambria. "Not, you know, witnesses saying that the kid who was killed was saying things like, 'Hey, let me in as my friend in your car' or something that indicates something that negates a fear of death, or serious injury."

"A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:

(a)The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that persons will from the dwelling, residence, or occupied vehicle;"

Cambria says that the question now is defining what would qualify as fearing for your life.

"If somebody was pointing a gun up in the air and firing it, and those were the facts, a reasonable person would say you didn't have any actual fear of death there," Cambria said, outlining a hypothetical scenario. "If they were pointing it at you and they shot over your shoulder or something and then pointed it back at you, those facts would justify a reasonable person to believe that you were in imminent fear of death or serious injury."

2 On Your Side reached out to Tampa Police for a copy of the police report and for any updates on the case but did not receive a response.

Read more from the original source:
Unclear if "Stand Your Ground" law will apply in Tampa shooting case of WNY native - WGRZ.com

What to Know Today

NEW from THE TRACE: The Rittenhouse shootings started a debate in Kenosha that hasnt ended. Its been more than two years since Kyle Rittenhouse, responding to a call to arms by a former Kenosha alderperson, arrived in the small Wisconsin town with a semiautomatic rifle and killed two men and injured a third. He was acquitted of homicide and reckless endangerment charges last year but the jurys finding that Rittenhouse acted in self-defense only deepened locals concerns about the citys treatment of Black residents, repression by law enforcement, and the role of guns. As community members and leaders grapple with how to regulate firearms locally, the events of the summer of 2020, and the Rittenhouse shootings in particular, continue to define the conversation. Read the story by Isiah Holmes, published in partnership with the Wisconsin Examiner, in full here.

Another study notes increased violent crime in states that have relaxed concealed carry laws. The average rate of gun assaults rose nearly 10 percent over forecasted numbers in the decade after 34 states relaxed their concealed carry permitting requirements, according to researchers from Johns Hopkins Bloomberg School of Public Health. The study also found a 24 percent increase associated with states that let people with violent misdemeanor convictions obtain a concealed carry permit. Context: This is the latest in a long line of studies linking less restrictive concealed carry laws with increases in violence.

Stand your ground law under scrutiny again as a Georgia man receives maximum sentence for a shooting he said was self-defense. On Tuesday, Marc Wilson, who is biracial, received the maximum sentence for his felony involuntary manslaughter conviction related to a June 2020 incident near Statesboro. Wilsons attorneys argued that he exercised his rights under Georgias stand your ground statute when he fired his legal handgun at a truck of white teenagers who he alleges were shouting racial slurs and trying to run his vehicle off the road, killing a 17-year-old girl in the back seat. The judge said the sentencing decision was colorblind, but Wilsons family disagrees. If you put me in Marcs shoes, theres no way that I wouldve been prosecuted, Wilsons cousin, who is white, said. Odds are I wouldve been given a medal probably gotten a parade in my name. Context: An investigation earlier this month from Reveal found that prosecutors have rejected stand your ground claims more frequently from people of color and women experiencing domestic violence, suggesting an unequal application of the law.

Washington, D.C., contests lawsuit pushing to allow guns on the Metro. The federal suit, DCist reports, was filed by three D.C. residents and one Virginia resident days after the Supreme Court decided New York State Rifle & Pistol Association Inc. v. Bruen. D.C. Attorney General Karl Racine argued in a 44-page response that the citys public transit system is a sensitive place, in line with Justice Clarence Thomass majority opinion that jurisdictions would still be able to regulate gun bans in such spaces. Since the Bruen ruling, several lawsuits challenging D.C.s gun laws have been filed. Were tracking them, and efforts across the nation, here.

Columbia, South Carolina, now requires residents to report lost or stolen guns to police. A new ordinance, passed yesterday by the City Council, mandates that gun owners report missing firearms within 24 hours. In March, the council rolled back several gun regulations after the city faced a lawsuit by South Carolina Attorney General Alan Wilson and pressure from state lawmakers with close relationships to the National Rifle Association.

1,209 the number of kids under 18 who have been killed by guns so far in 2022. [Gun Violence Archive]

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The Militias Never Left Kenosha - The Trace

SIDNEY The case involving Sundays deadly shooting of a man believed to have forced his way into his former girlfriends home in Sidney is scheduled to be presented to a Shelby County grand jury this week to determine whether the shooter should be charged.

Sheriff James Frye said he expects the panel to dismiss the case because of Ohios new Stand Your Ground law that took effect in April 2021.

House Bill 38 repealed the law, which removed a persons legal duty to attempt to retreat or walk away before firing their gun in public. The law has been updated to keep the castle doctrine, which says a person does not have to retreat in their home or vehicle before firing their gun.

News Center 7, by way of an information request, obtained doorbell video footage of James Rayl seconds before he is hit by gunfire when he appears to force his way into the home in the 2900 block of North Kuther Road on July 31.

>> RELATED: Sidney man is shot and killed after breaking into home, sheriff says

Tuesday, News Center 7s Kayla McDermott reported that in the video, Rayl pounds on the door after he is asked to leave.

In the 911 audio recording of the incident, also obtained by News Center 7 by way of an information request, a woman, presumably Rayls former girlfriend, said, Hes trying the door dad . . . dad . . dad. Is he trying to kill me?

County sheriffs investigators said it is at that moment, Rayl broke the front door and began to go inside. Hes hit immediately by three gunshots.

In the same 911 call, the woman is heard to say, " Dad theres nothing you could have done. You saved my life.

>> 14-year-old shot and killed by his brother, 17, in accident, police say

A neighbor checked on the wounded Rayl -- when the woman inside refused a dispatchers request to do so -- and said he didnt see Rayl enter the home.

If he entered the house, why did he shoot through the door? the neighbor, Jeff Hereford, asked McDermott.

Hereford said he doesnt agree with his neighbors or the incident report on the shooting, claiming he saw everything as well as Rayl on the ground.

Another neighbor, Denesa Goings, told McDermott she believed the womans father had every right to fire a weapon.

Sheriff Frye said the county prosecutors office is to present the case a grand jury on Thursday.

2022 Cox Media Group

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Shelby County sheriff expects no charges in deadly shooting because of Stand Your Ground law - WHIO

The Kansas Reflector welcomes opinion pieces from writers who share our goal of widening the conversation about how public policies affect the day-to-day lives of people throughout our state. Jeromiah Taylor is a Wichita-based writer merging contemplative Christianity with direct action.

Black lives are not symbols. Black lives are not theoretical. And yet, every few years the death of a Black person rises above anonymity to become a touchstone for national anxieties.

In subsequent months, protests seize metro areas, hashtags saturate social media platforms and empty performance plagues national politics. Yet after the initial outrage fades, as the quiet of complacency settles once more over the land, it appears that yet again nothing changed.

CJ Lofton was not an idea, not a poster child. He is not a martyr or the icon of a movement. He was a human being. A human being whose life ended at the hands of public employees.

Something must change.

At the heart of Loftons death lies Kansass untenable stand your ground statute. The law decrees that if a person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to themselves or another they are not obligated to retreat and are exempted from civil and criminal charges in the event of the attackers death.

Sedgwick County District Attorney Marc Bennet cited the stand your ground statute in his decision to not prosecute the Sedgwick County Juvenile Intake and Assessment Center employees who restrained Lofton for more than 30 minutes while prone. That resulted in what Sedgwick County chief medical examiner Timothy Gorrill ruled Loftons homicide. According to Bennet, no prosecution would hold up in court as a result of the statute.

This ruling is one of several recent decisions in Kansas against prosecution of authorities. In 2018, Johnston County District Attorney Steve Howe cited stand your ground in his ruling against prosecuting the Overland Park police officer who fatally shot 17-year-old John Albers while he backed out of his driveway. Police responded to a call expressing concern that Albers was suicidal. In 2021, Bennet ruled against prosecuting a sheriffs officer who killed 51-year-old Debra Arbuckle in 2019 while she evaded police. Arbuckles expired license plate initiated the pursuit.

Following the public outrage at Lofton's death, Gov. Laura Kelly, the Sedgwick County Commission and Wichita Mayor Brandon Whipple committed themselves to investigating the extent to which foster care and juvenile intake procedures were followed in Lofton's case and considering adjustments to procedures.

Following the public outrage at Loftons death, Gov. Laura Kelly, the Sedgwick County Commission and Wichita Mayor Brandon Whipple committed themselves to investigating the extent to which foster care and juvenile intake procedures were followed in Loftons case and considering adjustments to procedures.

This narrowing of scope to the procedural function of state systems is a derailing tactic. While I affirm the importance of protecting youths in the system, Loftons status as a foster child was incidental to his death. It doesnt matter why the police are called. What matters is that all too often, when they are, somebody dies needlessly with no consequences.

The essential policy issue of Loftons tragic death is the near impossibility of prosecuting law enforcement within the confines of the stand your ground statute.

The few voices calling for a revisit of the statute are largely Republican lawmakers, many of whom were involved in drafting the original measure. House Speaker Ron Ryckman indicated a House committee designed to examine the impact of the statute was a priority of the legislative session. However, no action occurred on the phrasing or execution of the statute.

The fact remains that Kansass stand your ground policy is an untenable skirting of basic civil rights. At its core, the statute provides a legal way for law enforcement to bypass due process.

Every community member deserves access to the full extent of the law to defend themselves against criminal or civil charges. Death must never preclude justice. As evidenced by the cited invocations of stand your ground, even community members who were quite literally fleeing their ground are legally executed without due process, leaving their survivors and advocates without a legal avenue to prosecute the deceaseds killers.

Conceptually, stand your ground relies on a blatant preference for the experience, perspective, and claims of authorities. To believe oneself threatened, regardless of any documented circumstances, cannot be a credible defense against causing bodily harm. It is not a credible defense for four adults to claim fear of death or injury at the hands of an unarmed, restrained, 17-year-old with a BMI of 19.4.

If not repealed, Kansass stand your ground law must be overhauled. A clear and measurable criteria for reasonable belief and imminent death or great bodily harm must be outlined, legislated and enforced. Moreover, no statute must preclude civil or criminal charges in the event of a human death. When someone is killed, the victims survivors must have access to every available avenue of justice, no matter the circumstances of death.

Until then, the Kansas stand your ground statute functions as a state-sanctioned fail-safe to protect those who feel threatened by civilians.

I entreat Kansans to not let Lofton become just another hashtag, just another news cycle, the subject of another brief outrage. Lofton is lost alongside countless others. Our moral imperative consists of preventing the loss of any more human beings at the hands of law enforcement.

Through its opinion section, the Kansas Reflector works to amplify the voices of people who are affected by public policies or excluded from public debate. Find information, including how to submit your own commentary,here.

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Kansas cannot allow another death at the hand of authorities to go without notice and action - Kansas Reflector