Stand your ground

[Raider-3]

Like Florida, what other states have stand your ground. I live in colorado, and I don't know the exact wording but here, if you can flee, you are required to, or at last make an attempt to, but all this is situational dictate.

 

[Deserteagle]

Like Florida, what other states have stand your ground. I live in colorado, and I don't know the exact wording but here, if you can flee, you are required to, or at last make an attempt to, but all this is situational dictate.

I would double check your laws. In Colorado, you are not required to retreat.

Doctrine of retreat is from common law. There is no statutory provision regarding the duty of a person to retreat before countering the use of force with force. The doctrine derives from the common law. People v. Watson, 671 P.2d 973 (Colo. App. 1983).

The common-law doctrine of retreat to the wall has been modified and is applicable in this jurisdiction only to cases where the defendant voluntarily enters into a fight, or the parties engage in mutual combat, or the defendant, being the assailant, does not endeavor in good faith to decline any further struggle before firing the fatal shot, and possibly to other similar cases. Harris v. People, 32 Colo. 211, 75 P. 427 (1904); Enyart v. People, 67 Colo. 434, 180 P. 722 (1919).

The defendant, if he did not provoke the assault, is not obliged to retreat or flee to save his life, but may stand his ground, and even, in some circumstances, pursue his assailant until the latter has been disarmed or disabled from carrying into effect his unlawful purpose, and this right of the defendant goes even to the extent, if necessary, of taking human life. Boykin v. People, 22 Colo. 496, 45 P. 419 (1896); Enyart v. People, 67 Colo. 434, 180 P. 722 (1919).

God Bless Colorado

 

[C DUDE]

SC has "Stand your ground" which is already getting hit by libs because of the FL shooting.

 

[DLeeHarley]

Idaho + MAY Carry + Stand your Ground = Nirvana LOL

 

[S&W645]

Ohio has a weak version of it.
Wiki list:

Many states have some form of Castle Doctrine or Stand Your Ground law. {{Alabama,[6] Alaska, Arizona, Florida, Georgia, Illinois, Indiana, Iowa[7], Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island,[8] South Carolina, South Dakota, Tennessee, Texas, Utah,[9] West Virginia and Wyoming have adopted Castle Doctrine statutes, and other states (Iowa[10], Montana,[11] Nebraska,[12] New Hampshire, Virginia,[13] and Washington) are currently considering "Stand Your Ground" laws of their own.[14][15][16]

 

[longslide10]

Pennsylvania Castle Doctrine. This common-sense measure permits law-abiding citizens to use force, including deadly force, against an attacker in their home AND any place where they have a legal right to be. It also protects individuals from civil lawsuits by an attacker or attacker’s family when force is used.

 

[Ringo]

Strong in Arizona.

 

[NavyLCDR]

Oklahoma has a strong stand your ground statute. Washington has no statutory requirement to retreat, and does have Supreme Court case law the same as stand your ground.

 

[LkWd_Don]

Ohio has a weak version of it.
Wiki list:
Many states have some form of Castle Doctrine or Stand Your Ground law. {{Alabama,[6] Alaska, Arizona, Florida, Georgia, Illinois, Indiana, Iowa[7], Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island,[8] South Carolina, South Dakota, Tennessee, Texas, Utah,[9] West Virginia and Wyoming have adopted Castle Doctrine statutes, and other states (Iowa[10], Montana,[11] Nebraska,[12] New Hampshire, Virginia,[13] and Washington) are currently considering "Stand Your Ground" laws of their own.[14][15][16]

I would not trust the wiki list that you quoted. Washington State does not have a Stand-Your-Ground stated in that way, but when you combine the Washington State Constitution Article 1 "DECLARATION OF RIGHTS" Section 24 "RIGHT TO BEAR ARMS. The right of the individual citizen to bear arms in defense of himself, or the state, shall not be impaired," and the Statutes in RCW 9A.16.020 "Use of force — When lawful"
RCW 9A.16.020: Use of force you will see that we do have what most call a Castle Doctrine that allows us to stand our ground if personally attacked, Stand up for others if they are being attacked and to assist LEO's when ever that assistance is requested.

 

[MilShooter]

Ohio has a weak version of it.
Wiki list:

Many states have some form of Castle Doctrine or Stand Your Ground law. {{Alabama,[6] Alaska, Arizona, Florida, Georgia, Illinois, Indiana, Iowa[7], Kansas, Kentucky, Louisiana, Maine, Michigan, Mississippi, Missouri, Montana, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island,[8] South Carolina, South Dakota, Tennessee, Texas, Utah,[9] West Virginia and Wyoming have adopted Castle Doctrine statutes, and other states (Iowa[10], Montana,[11] Nebraska,[12] New Hampshire, Virginia,[13] and Washington) are currently considering "Stand Your Ground" laws of their own.[14][15][16]
​

​

I just wish that Delaware was on that list. Not so much because I want to "stand my ground", but I want immunity from possible civil action because of my decision to defend myself and possibly "harm" an intruder.

While I cannot cite the specific case, I remember, when I lived in St. Louis, MO, a single black male shot and killed a local businessman for about $25 in the cash register. He was pursued by law enforcement and this friggin' mountain goat managed to get to the roof of the building (which was owned by the victim). He stumbled and fell off of the roof (breaking many bones and suffering a concussion) and was apprehended with his pistol in his pants. Later, he was found guilty of the crime of armed robbery and manslaughter (not murder). Now comes the bad part:

The perpetrator - the guilty murderer - sued the building owner's estate and WON a huge judgment. His claim was that his access to the building's roof should have been more restricted. To their credit, his family refused to pay anything and returned to their native Philippines.

THAT is just not right. I am not sure that "stand your ground" or the "Castle Doctrine" would have applied to that particular crime, but in my situation, alone in my home and PHYSICALLY UNABLE to retreat, I have no option but to remain in place and "shoot it out". Which will leave me liable for civil action against me for taking a life. It won't matter if the shooting is justified. The surviving family will insist that this pious and "good boy" was simply "confused" and broke into my house, thinking it was his home or some such crap.

I just want some protection in the law that makes sense. I don't want an open hunting license on criminals or anything like that. I don't understand why the General Assembly won't even consider such a law. Every time it is introduced, it is held in committee until adjournment of the legislative session.

As an aside, I was reminded of one of my favorite quips from Harry Callahan (Dirty Harry) when asked why he shot a man:

Harry Callahan: Well, when an adult male is chasing a female with intent to commit rape, I shoot the bastard. That's my policy.

The Mayor: Intent? How did you establish that?

Harry Callahan: When a naked man is chasing a woman through an alley with a butcher's knife and a hard-on, I figure he isn't out collecting for the Red Cross.

[Harry walks out of the room]

The Mayor: He's got a point.

Sure, it is irrelevant to the issue at hand, but I am easily distracted and entertained... ADHD? Who, me?

And so it goes...

 

[kelcarry]

There are plenty of dynamics to go around on a "what if" situation where stand your ground can play into the situation. It does, however, have an element of being 180 degrees from the basic defense mechanism governing the use of a firearm and that is the presumption of imminent danger of death or great bodily injury. If you have a chance to retreat and go anywhere that is safer, it is, in a way, saying that you were not in imminent danger at that moment--you had options, which I do not believe should be there if you are in imminent danger. If you have no where else to go--ie for the sake of argument--a dead end alley or the wall of a parking garage, it seems to me that stand your ground and imminent danger converge and make your defense with a firearm that much more defendable after the fact. Somehow the idea that a total embracing of stand your ground to the point that you will not move as a seemingly menacing threat (in your mind's eye and not overt in the sense that the menace has a knife or firearm at the ready) is foolish not only because you may have had escape alternatives but the after the fact possibilities are not that certain to be in your favor--ie: a good ole hoodie boy w/o any weapons other than the swagger, the walk, the talk and the hoodie---you are a better man than I if you are just going to stand there. What will you then do when distance is say 20, 10, 5 ft ? Are you are going to draw down and possibly use your firearm or what? Any comments?

 

[NavyLCDR]

What will you then do when distance is say 20, 10, 5 ft ? Are you are going to draw down and possibly use your firearm or what? Any comments?

If a criminal threatens me or my family with bodily harm or worse, I am not going to bet my life or the lives of others on whether or not that criminal will ALLOW me/us to safely retreat. Also, stopping to evaluate the possiblity and chances of retreat may just provide the criminal with the opportunity they are looking for to complete their attack. I will shoot the criminal at the first available opportunity. I would rather place my freedom into the hands of a jury, then place my life into the hands of the criminal. Comments?