Stand your ground
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Stand your ground

This is a discussion on Stand your ground within the General Firearm Discussion forums, part of the Main Category category; Like Florida, what other states have stand your ground. I live in colorado, and I don't know the exact wording ...

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    Default Stand your ground

    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.

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    Quote Originally Posted by Raider-3 View Post
    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

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

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    Idaho + MAY Carry + Stand your Ground = Nirvana LOL
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    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]
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    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.
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    Strong in Arizona.
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    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.
    Element of Surprise: a mythical element that many believe has the same affect upon criminals that Kryptonite has upon Superman. Amerika: a place where the serfs are afraid of the action the police may take against them for perfectly legal behavior.

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    LkWd_Don is offline Banned
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    Quote Originally Posted by S&W645 View Post
    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.
    Last edited by LkWd_Don; 03-31-2012 at 10:42 PM. Reason: added the Wiki list:

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    Quote Originally Posted by S&W645 View Post
    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...
    NRA Life Member, US Army Veteran - 95 Bravo
    "A recent police study found that you're much more likely to get shot by a fat cop if you run." - Dennis Miller

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