Stand Your Ground Gun Laws (infographic)
The map is updated and now clickable!
Thanks to Instapundit for the link.
This map is intended for use as a summary. Please see our disclaimer below.* We used multiple sources to update our map** but the very best resource we found is the book by Mitch Vilos Self Defense Laws of All 50 States. This book is required reading for anybody who carries a weapon. Many states have complex laws. We highlighted those states when you Click for Summary on the map.
Click on Your State for a Summary
Click Image to Enlarge>>
**Sources:
State Statutes from the various states
https://www.truthout.org/news/item/8086-23-states-with-stand-your-ground laws
Book: Self Defense Laws of all 50 states by Mitch Vilos
https://www.hlntv.com/article/2012/04/18/does-your-state-have-stand-your-ground-law
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*DISCLAIMER-This map is intended only for use as a summary. We used extensive research to make it as complete and up to date as possible, but we do not guarantee the accuracy of the information. Do not rely on this map, or any other online resource as your final source for self defense information.
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We HIGHLY RECOMMEND consulting a criminal defense attorney in your state BEFORE threatening or using deadly force. A few hundred dollars spent initially can save you thousands of dollars later, as well as help keep you out of prison. Be careful with advice from friends or even firearms instructors for your information. Always back up any information you receive with a visit to an attorney.
Below is our original Stand Your Ground infographic.
It contains a lot of errors that have been fixed in the map above, but we've left it in this blog post 1st as a point of reference and 2nd because below the map contains statistics that we want to keep showing.
The topic of Stand Your Ground Gun Laws has been in the news a lot in recent months due to all the media coverage given to the Trayvon Martin / George Zimmerman case. Because of this, we decided to take it upon ourselves to put together an infographic that breaks down exactly what the Stand Your Ground Gun Laws include, Where different states fall with regards to adoption of these laws, and some additional stats related to firearm related violence. We hope you enjoy this graphic and share it with your friends!
Click Image to Enlarge>>
Click Image to Enlarge>>
**Sources:
State Statutes from the various states
https://www.truthout.org/news/item/8086-23-states-with-stand-your-ground laws
Book: Self Defense Laws of all 50 states by Mitch Vilos
https://www.hlntv.com/article/2012/04/18/does-your-state-have-stand-your-ground-law67 Comments
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My wife's Walther P-22.
I guess all things being equal, if it's between me and someone invading my home, I'd rather do the taking. I'll stop shaking eventually.
One house we lived in was robbed or had an attempted break (that we KNOW of) 5 times in 2 years, three of those were successful! In each case, the police were reluctant to come out, the first time they were called while the burglar was in house (who they caught and then released with NO charges because he hadn't left the house with any 'property'... despite the damages done! On the first attempted where they cut the screen on a window and had a perfect hand print, they refused to come because they had not gotten into the home! I asked the officer on the phone...'so in the future should I just shoot an armed intruder breaking into my home and THEN call you'? In 5 minutes there was a cruiser at my home, NOT to take a report, but to see WHAT firearms I had, were they 'licensed' and to give ME a lecture regarding making threats!
So, don't count on a 'castle doctrine' or 'stand your ground' law to protect you!
I'm pretty sure 60% of rapes aren't from breaking and entering, though. Especially if there's one every 2 minutes. Doesn't jibe with the break in statistics.
This is un-American. I demand the constitutionally given right to protect what is mine, where I live and where I am!
Just so you know, the Constitution did not give you your rights, they are endowed by your Creator (or if you are not a believer in such, you may think of them as Natural Born rights). The Constitution is there to protect your rights, though.
I whole-heartedly agree with you on protecting ourselves. I don't have a problem with the law stating that if you walk to your parked car and see someone trying to/breaking in that you should keep your distance and call 911 (car/belongings can be replaced). What I have a problem with is when someone tries to/gains access to my home (think O'dark thirty), I should have every right to 'end the threat' since I don't know if he/she/they are just looking for a TV or access to my female family members. They certainly are not 'accidentally' in my home and should know it may cost them their life to enter. Maybe if CD/SYG laws were strong in your state and mine, crooks wouldn't try entering for something as trivial as a TV or computer and crime would go down.
Since my state supposedly has CD but not SYG, I could take action without running, but I was warned by my carry instructor that unless I have children/others in other parts of the house, just run. I do have kids so I would never run, but someday I will be an empty-nester.
(Note: whether Martin is lying or not is not the point - he is not invoking Stand Your Ground in any way, and in fact, his testimony essentially precludes it.)
Ignorance like this, heavily encouraged by the media, is you most people (on both sides) sound like idiots regarding that particular case.
" Zimmerman claims to have been on his back, with Zimmerman over him attacking him when he shot. "
Zimmerman couldn't have been over himself.
" (Note: whether Martin is lying or not is not the point – he is not invoking Stand Your Ground in any way, and in fact, his testimony essentially precludes it.)
Martin is dead. How can he lie?
There are strange wrinkles like it is as far as I know still legal to use lethal force on a home invader while they are breaking through your door or window, but once they're in the case law reverts to the normal requirements for justification.
stay safe.
http://www.bvbl.net/index.php/2012/03/31/on-virginias-self-defense-laws/
Everywhere else, an actor must reasonably perceive a threat of death or GBH before acting. Even then, retreat is required if available and safe. The retreat rule is a hurdle "made up out of thin air" by the Supreme Court and never mandated by the Legislature.
I am a lawyer.
He writes with his left hand but shoots with his non dominant hand in his re enactment.
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-51.3.html
However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:
(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
(2) Under the circumstances permitted pursuant to G.S. 14‑51.2.
GS 14-51.2 is our Castle law. It covers home, car, and business.
retreat" jurisdiction. That is incorrect. If one is threatened in VA and
has no fault in bringing about the situation there is no duty to retreat and
any and all reasonable force up to and including deadlly force may be used
if such use is reasonable in the particular circumstances of the situation.
http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2010/crime-in-the-u.s.-2010/tables/10shrtbl08.xls
And of course, since the FBI lumps justifiable homicide with murder to call the 14,748 homicide total murders elsewhere, the 12,996 man killings officially declared murders get passed over. And when people start comparing the US and other countries murder rates, we come off about 12 percent high.
Stranger
This must be rectified immediately, as it makes no sense!
I think New Mexico should be re-categorized as a Stand Your Ground jurisdiction.
I'd say that is fairly close to stand your ground. Not to mention we still have the so called "pioneer laws" on the books, allowing for openly carried "locked and cocked" firearms right on one's hip, barring the usual prohibited locales. I believe that would classify us as "Constitutional Carry" as well.
considered a castle-doctrine state rather than retreat. There is a general
duty to retreat, but that duty does not apply in your home unless you are
the aggressor. The relevant statute follows (note 607(b)(1)(B)(i) "a person
is not required to retreat if the person is in the person's dwelling or on
the curtilage surrounding the person's dwelling and was not the original
aggressor"):
5-2-607. Use of deadly physical force in defense of a person.
(a) A person is justified in using deadly physical force upon another
person if the person reasonably believes that the other person is:
(1) Committing or about to commit a felony involving force or violence;
(2) Using or about to use unlawful deadly physical force; or
(3) Imminently endangering the person's life or imminently about to
victimize the person as described in § 9-15-103 from the continuation of a
pattern of domestic abuse.
(b) A person may not use deadly physical force in self-defense if the person
knows that he or she can avoid the necessity of using deadly physical force
with complete safety:
(1) (A) By retreating.
(B) However, a person is not required to retreat if the person is:
(i) In the person's dwelling or on the curtilage surrounding the
person's dwelling and was not the original aggressor; or
(ii) A law enforcement officer or a person assisting at the
direction of a law enforcement officer; or
(2) By surrendering possession of property to a person claiming a lawful
right to possession of the property.
(c) As used in this section:
(1) "Curtilage" means the land adjoining a dwelling that is convenient
for residential purposes and habitually used for residential purposes, but
not necessarily enclosed, and includes an outbuilding that is directly and
intimately connected with the dwelling and in close proximity to the
dwelling; and
(2) "Domestic abuse" means:
(A) Physical harm, bodily injury, assault, or the infliction of fear
of imminent physical harm, bodily injury, or assault between family or
household members; or
(B) Any sexual conduct between family or household members, whether
minors or adults, that constitutes a crime under the laws of this state.
Here's what I think you mean by these colors - am I right?
1. Green: Duty to Retreat and no Castle Doctrine
2. Yellow: Castle Doctrine, regardless of Duty to Retreat
3. Red: Stand Your Ground
Personally, it seems to me that SYG on this map (and as generally misunderstood) conflates a procedural right with the right to self-defense. So my map would be:
1. Green: Duty to Retreat and no Castle Doctrine (no self defense until you get caught)
2. Yellow: Duty to Retreat plus Castle Doctrine (no self-defense till you get home)
3. Blue: No Duty to Retreat (whether or not there's a CD) (self-defense anywhere you lawfully are)
4 Red: Stand Your Ground (you don't have to wait till the trial is going on to assert self-defense)
In theory, I suppose, there's no reason SYG laws couldn't exist in any of the first 3 situations, but as a practical matter it does not seem to be the case...