If you’ve done any research into self-defense laws, you’ve no doubt come across the term ‘stand your ground.’
A stand your ground law is a general term referring to laws that allow individuals to use deadly force to defend themselves without first needing to retreat.
But there’s still a lot of confusion regarding the specifics of what a stand your ground law is and how it’s used, as the specific rules and language can vary significantly depending on the state.
You also might be wondering, in the event of a major disaster, such as a power grid down scenario or a natural disaster, will your ground laws continue to be in effect? Will you still have the right to defend yourself with lethal force if necessary?
With the above questions and considerations in mind, here are five things every prepper should know about stand your ground laws:
A Stand Your Ground Law Means There’s No Duty to Retreat In A Self-Defense Situation
A stand your ground law is also often referred to as a no duty to retreat law.
While the specific definition may vary by jurisdiction, in essence a stand your ground law means that individuals have a right to use deadly force against violent crimes as part of the right to self-defense without needing to first retreat.
Related: Self-Defense Weapons That Are Illegal In Your State. Do You Have One Of Them?
This stands in stark contrast to duty to retreat laws, which means that individuals cannot legally harm somebody threatening them if it is possible for them to retreat to a place of safety. Under stand your ground laws, there is no no duty to retreat before using lethal force to defend yourself.
The stand your ground laws have their origins in the common law principle of the ‘castle doctrine.’ The castle doctrine essentially states that each person’s home is their castle, and that they have the right to use deadly force to defend their ‘castle’ against invaders.
This basic principle has since been expanded and detailed by numerous state legislatures throughout the United States, from which the stand your ground laws we have today were developed.
However, some states have a requirement that the stand your ground law only applies if you are within your own home. These states are referred to as having ‘castle doctrine’ laws.
28 States Currently Have Stand Your Ground Laws In Place
Currently, twenty eight states have stand your ground laws in place, meaning that there is no duty to retreat regardless of your location within those states.
These states are Alabama, Alaska, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming.
Eight states have castle doctrine laws in place, meaning that you have no duty to retreat so long as you are in your own home (or ‘castle’). These states are California, Colorado, Illinois, New Mexico, Oklahoma, Oregon, Virginia, Washington.
Related: Worst States To Live In If You Have To Defend Your Property
Thirteen states have the duty to retreat laws in place. These states are Arkansas, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, Rhode Island and Wisconsin.
The only state that does not fall under any of these categories is Vermont, as it has neither stand your ground or duty to retreat laws. However, Vermont courts have ruled consistently that there is no duty to retreat so long as one is attacked in their own home.
What ‘Stand Your Ground’ Law Means Still Varies By State
So twenty eight states currently have stand your ground laws in place, but the specifics and language of each state’s law varies. It’s your responsibility to research the laws in the state in which you live to know when you are legally allowed to use deadly force.
In general, stand your laws state that you must have reasonable belief in imminent death or injury before you can use lethal force to defend yourself. In some states, the burden is placed on the defendant in the courtroom to prove that their defensive action involving lethal force was reasonable. In other states, the burden of proof is shifted to the prosecution.
Again, thoroughly research the laws and regulations in your state.
Will Stand Your Ground Laws Continue To Apply In An SHTF Situation?
This is the big question: in the event of a major catastrophe or disaster, such as a natural disaster or a power grid down affecting a wide area of the country, will stand your ground laws continue to be in effect?
During a major disaster on this scale, people will panic and society could descend very quickly into mass rioting and looting.
There will be burglaries and home invasions of grocery stores, supermarkets, restaurants, and homes alike.
As a result, you will need to be prepared to defend yourself in such a scenario. But will you still be legally allowed to defend yourself?
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Here’s the short answer to the above question: so long as the rule of law is still in effect with a civilian government in control, then existing state laws will continue to apply, and any stand your ground laws that were in effect before the disaster would most likely continue to be so.
But what if martial law is declared?
If Martial Law Is Declared, Stand Your Ground Laws Will Likely Not Remain In Effect
When martial law is declared, the existing civilian market is displaced by military rule and the current rule of law is completely suspended. This means that existing self-defense laws on the books, including stand your ground laws, will most certainly be suspended.
Martial law is usually invoked during times of war or natural disasters, and may involve the confiscation of civilian-owned firearms and ammunition as well.
Stand your ground laws state that you have a right to use lethal force to defend yourself (if you have reasonable belief in imminent death or injury) and without having a duty to retreat first.
Twenty eight states currently have stand your ground laws in place, while a further eight states have castle doctrine laws in place where you have no duty to retreat so long as you are in your own home.
While it’s impossible to predict the future, stand your ground laws should continue to be in effect during a major disaster scenario, such as a natural disaster, an economic collapse, or a power grid down scenario. However, they most certainly will not remain legally in effect if martial law is declared and existing law is suspended.
Again, carefully read up on the self-defense laws that are in place in your state, so you know the specifics of when lethal force can reasonably be used for defense.
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if you think the laws on the state books actually mean anything – ask a guy named Zimmerman – he’s lost to history now as the first victim to the BLM …
he had to use his carry weapon to stop a POS thug named Trayvon – the Sanford FL PD thought it was righteous also >>> right up to the point of Rev Al & Jesse hitting town with the new BLM Org ….
the law only applies if you’re careful about who you shoot – even the street cops know better >>> a career thug shooting at them might not be righteous enough ….
Don’t forget old Ben Crump ambulance chasing in the name of civil rights and blacks being targeted.
One would think that if Martial Law was declared that would dictate for sure the need for your second amendment. Why would gun confiscation from the civilian population be enacted when the threat from outside is or could be so high. That seems to me to be the time you would need to protect yourself the most. Here is another thought; if Martial Law was declared, then who would take the firearms? The Authorities would more than likely have their hands full with other issues and a door-to-door visit seems to me to be un-workable to say the least.
The threat from outside isn’t stopping States from banning semi automatic firearms. “They” don’t have to go door to door anymore, “they” can force compliance by electronically shuttering your financial, bank and credit card accounts until you comply with a turn in order.
Just one more good reason to fight the upcoming Digital Currency conversion.
Guns were confiscated during martial law that took effect after Hurricane Katrina. YouTube has videos on that.
Courts ruled that was illegal.
There is a video showing the cops beating up an 80 year old lady and forcing her out of her home when she did NOT have any reason to!!! She had a gun to protect herself and they took it away from her!!!! IT WAS Awful TO SEE!!!!
Seems like after a hurricane in Louisiana they confiscated ALL civilian firearms and NEVER returned them. The mayor that authorized that resigned a year or so later.
the National Guard troops that emptied out the SuperDome all walked off with a whole bundle of handguns – refugees that went there didn’t bother bringing food, extra clothes or their prescriptions >>> but they all packed a carry piece
and the NG searched everybody & everything that went out on the relief trucks – if they didn’t get them during the search – they found them hidden in the arena ….
no receipts were given and nothing got inventoried – nice bonus getting a couple of $1,000 handguns to bring home
if there is martial law declared the military entity that will be in control does not want any competition… look at what happened in Katrina with LEO/mil. confiscating weapons where they could do so safely from those who actually needed them… those “in charge” never want any competition, they really want an absolute dictatorship
Authorities went door to door in New Orleans after hurricane Katrina confiscating fire arms. The reasoning was to stop all the looters….. it obviously just left people even more vulnerable to the looters.
Of the 28 states that have the ‘stand your ground,’ law and while there is different language in each … see the ‘Pari Materia rule’ (in a Black’s Law Dictionary) …which states that, in relation to constitutions, statues, laws, etc., or in this case ‘stand your ground laws,’ these ‘laws’ are deemed to be the same in EVERY state …and as applied to the Declaration of Independence, one has the right to consent or not to consent to acts of so-called governments (mere de-facto corporations!) [Therein, I do no not consent to any denial of my right to ‘stand my ground!’] …and as applied to the Bill of Rights – 4th Amendment, it is the people who have the RIGHT to be SECURE in their person, houses and effects …to ‘stand your ground’! And let’s not forget the 2nd Amendment …one’s right to ‘Keep and bear arms’ to PROTECT LIFE AND PROPERTY …as one of the ‘sovereign people, with secured and unalienable rights …of which so-called government officers, politicians, etc., took an ‘oath of office’ to “uphold, protect and defend’!
A few years ago, we had a guy who was high on Cocaine decide he needed to break into out home. I was not at home, but my wife and son were there. The alarm goes off and awoke them and after looking around they found him coming thru a bedroom window and was screaming at them at the top of his lungs. They were frightened of course and the guy was half way into the room. They shot him and he kept coming so they shot 4 more times and finally stopped him. After toxicology reports he was on cocaine and drunk. We faced no legal issues other than it took us almost a year to get our gun back. Of course he survived and went on to say that he was unjustly shot and thought he was at his friends house. We find that is a strange way to enter a friends house. He went to jail for 60 days for criminal trespass. After that he got his 6th DWI and went to jail for a year. This guy will eventually hurt or kill someone. The law protects these thugs.
Surprised he hasn’t filed a civil suit for damages.
used to work at a jail and when this is the case no pain or affect
you have to break , maime , disable by any means to stop them
they dont feel pain when high on cocaine
review the law in your state , make sure your in compliance , but use deadly force
It’s the Blue State Sanctuary a mental disease syndrome protecting criminals first. Honest citizens live or dead last.
How is it that North Dakota has both stand your ground and duty to retreat at the same time that seems awfully strange to me
While you’re retreating, you’re still shooting at the enemy. That’s what troops did at the Battle of the Bulge. They kept firing as they retreated. So, history shows us the way.
LOL you saw that too!
Arkansas also
If accosted by multiple invaders, open fire and keep firing until they’re all down. Then, let God sort them out.
ONLY left moron states with no consideration of Cost, Impact or consequence allows no for its citizens
STAND YOUR GROUND IS ESSENTIAL TO STOPPING THE CRIMINALS
JUST LIKE NO BAIL AND EASY OUT LAW S
WOKE STATES , are indeed the highest crime states and the worst run
Crime , run amuck
Research so you act properly in these states
Since no law is the rule in woke , go broke states , you have to have creative ways to stop crime
other means of justice
other means of force
self defense , martial arts , etc
Remember bullies only go after the weaker , no threat , no resistance
Better hope CA Gov Newscum does not become the Democrat candidate for the presidency. CA gives comfort to criminals by being a Blue Sanctuary State catering to foreigners first, American citizens last, like Biden.
Back in the 1970’s CA was similar to FL, before the Marxist took ever CA politics.
It’s a shame the Golden State has turned into the Brown State, poop on sidewalks.
Those people there need to wear sh*t kicker boots to sidestep the poo:)
Regarding Wisconsin.
1. Correct:. Not a stand your ground state.
2. Not correct: Since 2011, a stun gun may be possessed in your home and possibly other locations such as on your land or in your place of business. Additionally Stun guns ARE NOT ILLEGAL and MAY BE POSSESED BY A PERSON WITH A CONCEALED CARRY LICENSE.
3. Not correct : Since 2011 Wisconsin IS a Castle Doctrine State.
Places like California have law enforcement gun buyback programs to silently circumvent the 2nd Amendment. That is a soft approach to gun confiscation. People give up expensive guns for a cheap $50-100 USD. It’s in other countries too.
The other part is the liberals making ammo harder to acquire by activist regulations.
Today’s criminals are the working stiff defending themselves. The criminals are the victim of reverse social justice. Intertwined by Soros DA’s letting them off the hook.
Some people have made out like bandits in the cottage industries that buyback programs have spawned, making printed guns or slam-fire shotguns and turning them in for large sums. Some have even managed to buy quality weapons with the money that they have received from this.
Some have even set up booths down the street from the official buyback activities, offering more money than the cops.
Hilarious, and a comedy of errors.
The downside of CCW is the applicant is applying for permission from a potential gatekeeper State govt. That decide if you are worthy to protect yourself.
You are fingerprinted, the gun registered, where it is kept and so.
With the 2nd Amendment does not state we need permission to own and carry a gun for protection.
A govt big enough has the cahonies to take away your rights an put you in jail for minor infractions.
The wild, wild West people had a gun whether strapped on or hanging on the wall according to Holyweed movies. Most people went about their own business until the thief caused trouble.
In recent decades the honest citizen gets taken to jail for standing their ground or the castle doctrine. Also being sued by the surviving family members of the dirt-bag committing the crime. Time to prosecute the criminal not the honest citizen.
Lots of laws on the books for gun use, good or bad. Isn’t it time to repeal and strike down all those anti-2nd Amendment laws and regulations. Thousands of laws that are duplicates of the same BS lawyers use.
Start anew like a bankruptcy fresh and go by the Golden Rule. Redo the gun laws according to the Constitution, Bill of Rights, made in layman’s plain English language. Than the lawyer gobble-d-goop legalize some crooked lawyers and judges use to convict. Whoever they decide in the courtroom on their whim of the day.
We have a multi-tiered legal system and what you can afford lawyers to get us off a charge. It’s very obvious in the current rule of social justice law we see daily in the news.
not all states register a weapon along with getting a CCW – in fact I think the majority of the states don’t
in IL it’s against the law for the state to have a database register of weapons >>> you can get a CCW and not even own one – you can borrow one or even rent one for the final range test
I certainly do not desire to kill another human being. And God states that we are to love our neighbor. But God also allows for the use of force and the use of deadly force to defend yourself and your loved ones. The castle rule is certainly justified. But the stand your ground law might need some interpretation as a Christian standpoint. God says to turn the other cheek. But you can’t turn that other cheek if you are dead. I admit that being a preacher of God’s Word in a rural church has lent me a view of wanting to keep my congregation safe from any nutcase attacking them during a service. And as a retired L.E.O. Ii carry a gun. So that is a view that I am comfortable with.
Not everyone has the stomach to kill a criminal attacking them. The Castle or Stand your ground should also be extended to ourselves on the street situations. Laws have not been updated to current modern life we see daily.
Brass knuckles would be a good deterrent to an attack. But the powers to be considered them illegal. Just like Nunchucks an in some areas pepper spray too. Because sensitive lib’s hate to see their own protected class members get hurt committing a crime.
There are alternative methods besides a gun to use. Like said unfortunately our society has become more violent. GOD is taken out of what was normal life because of atheists in charge. Which encourage ne’er-do-wells to do mischief to innocents.
Some illegal tools should be taken off the list, so we can defend ourselves in these chaotic times. Police can’t come in time to save, usually after the offense is committed.
Not everyone wants to get a CCW, using a gun once in your life to save a life is too much. The State system knows who you are, what you got. We have the beginnings of a Chinese Social Credit system here in America.
In some States the average citizen has to prove beyond a shadow of a doubt you need a CCW. It’s easy for LEO’s to get one, since their POST background check.
The gun laws were invented back in the Civil War period for Blacks who were slaves. To not buy a gun for retribution. Those regulations morphed into the awful gun restriction laws for a majority of American citizens in modern times.
The first Biden to be imprisoned for gun laws would be Hunter. Lying on FED form and throwing a gun away in the trash. As mentioned in past news reports.
The missing point of the article: What are citizens’ right to defend once martial law is declared? Old west justice by armed civilians until the Cavalry rides in?
Prickster’s Illinois gun registry starts October 1. You’re supposed to register your “assault weapons” with the Illinois State Police.
North Dakota is listed as “Stand your ground” and “Retreat”. Clear as Mud ! !
One of my wife’s friends, shot a man that was “acting up” at her place. Then, in another incident, took a man at gupoint–who had stolen from her–and tied him up and smothered him to death with a plastic bag. It wasn’t until long after, that she stupidly mentioned to her father that she had buried them behind her house. He turned her in. Story short … if she hadn’t said a word, she wouldn’t have gotten time for manslaughter and abuse of a body, and their criminal asses would still be buried. The rule being, no 911, and keep your mouth shut. “It never happened.” (needless to say, my wife was seriously surprised, because she was such a “nice” lady.)
You have Arkansas on both lists.
Pennsylvania recognizes the Castle Doctrine Law.
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Leave it to ca to inact a coward s law , retreat or be the victim and go to jail for defending yourself
Just like what they are Cowards who prey on the victims
CA dont come here unless you want
NO Right s
Lawless can take up to 1000 and you cannot do anything
protect the criminal , not the public
the cities are overun with crime , scum , homelsee all over on narcottics
the solution : more drugs , more needles , more homelessness , more crime in the street
supress the police and give to the greedy , not needy
what a concept : feed with socialist ideologys so they dont say no to lawlessness
and Now those causing this are moving up the ladder to be the supreme leader of the lawless
MONEY , Corruption , Greed , Laundering , child trafficing all from the policys of the top