Two recent cases of unarmed people being shot and killed in the US have renewed discussion of so-called “stand your ground” laws.
In the past week, 16-year-old Ralph Yarl was shot twice after ringing the doorbell of the wrong home and 20-year-old Kaylin Gillis died after being shot upon entering the wrong driveway.
The shootings have prompted questions about a person’s rights to protect themselves and their property in the US – and when a person can use deadly force in self defence.
The answer depends on where you live.
What is a stand your ground law?
A stand your ground law is enacted at state level and most of these permit an individual to protect themselves with the use of reasonable force, including deadly force, to prevent death or great bodily harm.
Stand your ground laws echo the common law “castle doctrine” principle, which does not carry a “duty to retreat” when a person feels they must defend their home.
The duty to retreat, or an obligation to step back and avoid confrontation where possible, is removed under most stand your ground laws, dubbed “shoot first” laws by critics.
The laws began to appear in states after a bill featuring the language “has the right to stand his or her ground” was introduced in Florida in 2005.
When defendants use a stand your ground law to defend their actions, often the case centres on whether or not their use of force meets the standard for “reasonable”, given the perceived threat.
Some laws refer to “deadly force”, defined as the amount of force which a reasonable person would deem likely to cause death, or serious bodily harm, to another person, according to Cornell University.
This is one of the best posts I’ve read on this site in a long time and, I’d encourage all you make believe cowboys out there to read this and understand Maryland laws when it comes to gun laws. Maryland IS NOT a Stand Your Ground state. The truth is, in Maryland, you have a “Duty to Retreat” Law. That means that if you are confronted by anyone (outside of your home) who intends to cause you harm then you must “Retreat”, turn around and run like hell. While Maryland does have a Castle Doctrine Law make damn sure that when you’re standing before a jury that they know, using a layout of your home, that there were no doors or windows that you could have retreated through to “retreat” from your home before you shot dead the bad guy who entered into your home and pointed a gun in your face.
I will take my stand bent down next to the side of my bedroom mattress, pointing my shotgun at my bedroom doorway, and anyone who crosses that space in the dark of night after I’ve heard them break in will be shot. Is that legal “self defense” in the state of Maryland?
Just remember, when the jury is looking at a layout drawing of your bedroom, if there is another door or a window that you could have opened and “Retreated/Escaped” through, then you may be found guilty for involuntary manslaughter. That’s a fact.
Good remarks 132pm
Its my understanding that some State Police upon stopping you will ask the following.
WHY DO YOU NEED TO WEAR N CARRY ?
For the most part, Maryland is PRO CRIMINAL , AND should you need to use force to defend your home…
WES MOORE and JAKE DAY will make sure you go bankrupt trying to defend yourself.
WE NEED TO FILE A CLASS ACTION LAWSUIT AGAINST MARYLAND for their ANTI GUN STANCE
Do you need to carry around your blankie and pacifier too?
It’s a fact. In Maryland, YOU have the “Duty to Retreat”. The criminal has all the advantages, including the Law on his side.
ALL states should have one !!!! DUGH
I’m not a make believe cowboy, make believe Charles Bronson would better describe me 1:32. And for you 6:47, I want to have at least what my possible attacker will try to kill me with. You sheeple can call the cops for protection and they will arrive 30 minutes later and write the report how you where killed. Next call coming from a chicken shit like you. PoPo has another report to write.
As the saying goes, ” you can pry my gun from your cold dead hands.”
That’s not how the saying goes
Exactly. Charlton Heston said, “From MY cold dead hands”.