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Stand Your Ground
Posted by **Old Flat Top** on Jul 17, 2013 at 7:19:24 AM:
Here's the wikipedia explanation
In the United States, stand-your-ground law states that a person may justifiably use force in self-defense when there is reasonable belief of an unlawful threat, without an obligation to retreat first.
Where I come from that's called standing up to the bully.
The concept sometimes exists in statutory law and sometimes through common law precedents. One key distinction is whether the concept only applies to defending a home or vehicle, or whether it applies to all lawfully occupied locations. Under these legal concepts, a person is justified in using deadly force in certain situations and the "stand your ground" law would be a defense or immunity to criminal charges and civil suit.
The plain english here is we don't want people shooting each other but if someone is trying to shoot or otherwise do grievous harm to you you have the right of self defense and your "shooting" is not the same as shooting in violation of the law which is supposed to protect life and property. A justified shooting directly supports,defends and applies the law.
Don't let them convince you different. Evil is not good and good is not evil.
The difference between immunity and a defense is that an immunity bars suit, charges, detention and arrest. A defense, such as an affirmative defense, permits a plaintiff or the state to seek civil damages or a criminal conviction but may offer mitigating circumstances that justify the accused's conduct.
This is the one place where there has to be a decision and application of the intent of the law.
More than half of the states in the United States have adopted the Castle doctrine, stating that a person has no duty to retreat when their home is attacked.
God I hope so. Anything contrary to that would be a complete abandonment of the protection of the law.
Some states go a step further, removing the duty of retreat from other locations. "Stand Your Ground", "Line in the Sand" or "No Duty to Retreat" laws thus state that a person has no duty or other requirement to abandon a place in which he has a right to be, or to give up ground to an assailant.
This is where THE FACTS OF THE CASE have to be strictly determined. Even if the facts may be difficult to sort through it is NOT a reason to abandon the protection of self defense laws.
Under such laws, there is no duty to retreat from anywhere the defender may legally be. Other restrictions may still exist; such as when in public, a person must be carrying firearms in a legal manner, whether concealed or openly.
Followup Messages:
- Re: Stand Your Ground - **Hippie J** - Jul 17, 2013 at 7:40:35 PM
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Last updated on Jul 17, 2013