The law does no such thing, and despite all the hyperbole surrounding the versions found in Texas and Florida, California also has what qualifies as a stand-your-ground law; there’s even what counts as a Wisconsin stand-your-ground law, though it limits where one has no duty to retreat to the home, vehicle, and place of business. Barring a handful of states with special conditions where there is no specified duty to retreat, in the majority of states, you can stand your ground.
Stand-your-ground laws generally apply any place within a state where a person is allowed to be under the law. There are some states that require a duty to retreat outside the home except for certain locations, most commonly inside your vehicle or at your place of work.
It would be wise to consult your state’s laws to determine where you can legally stand your ground within your state before making self-defense decisions. There can be big differences between Texas and Wisconsin law surrounding duty to retreat, for instance.
Where Does Stand Your Ground Come From?
The historical precedent for stand your ground goes back to the 19th century. Back then it was known as the “true man” or “true person” doctrine. The general meaning of the name is that a “true” man or person is not at fault and therefore does not need to retreat from unlawful lethal threats before meeting them with lethal force of their own.
Some people will try to frame stand-your-ground laws as dangerous new ideas that were introduced by Florida in the early 2000s but stand your ground has been the law of the land for most of the country for more than a century.
When Does Stand Your Ground Apply?
While for legal reasons the state you are in determines where you can stand your ground, timing is almost as important. Just as with any use of lethal force, you have to meet the legal criteria. While it can vary slightly state-to-state, this generally means you must reasonably be in fear of immediate death or great bodily harm; you must not have initiated the confrontation; you must legally be allowed to be where you are; and you must not be in the midst of committing a crime.
If you’re in a state that permits stand your ground, doing everything you’re supposed to and following the law, you are generally allowed to stand your ground without first having to attempt to run away.
How Do I Use Stand Your Ground?
You must ensure that you meet the criteria for stand your ground in your state, which in most states is fairly simple. Generally speaking, the following is commonly required for a stand-your-ground law to apply. First, you can’t be a criminal trespasser, you must legally be allowed to be where you are when the encounter begins. Second, you must not be in the process of committing a crime. Third, you must not have initiated the encounter. Controlling your temper in public, especially in traffic, is a key component of being a responsible gun owner and concealed carrier.
If you meet those three criteria and you are in a state without a legal duty to retreat, employing lethal force is likely an option—assuming you can also articulate that the standards for the use of lethal force have been met: primarily, that a reasonable person would also believe you are in immediate threat of death or great bodily harm.
What if I Live in a State Without Stand Your Ground?
If you don’t live in a stand-your-ground law state, you have the disadvantage of knowing that your actions will be analyzed after the fact to see if you could have found a way to retreat from a deadly force encounter with complete safety, before responding with deadly force of your own. You may need to plan for self-defense scenarios in which a possible escape route may be your first consideration, as you may only legally defend your life after exhausting all possibilities to escape safely from the general vicinity. In the event a safe retreat is not possible, you are permitted to respond with force. Being able to articulate why you did what you did will be important, as will speaking to a lawyer as soon as possible following a use of force incident.
Even if you do live in a state with some form of a stand your ground law, these laws are not always the same, so be sure to check with a lawyer before assuming anything and take the time to learn the law in your state.
