{"id":92177,"date":"2023-04-25T19:37:18","date_gmt":"2023-04-26T00:37:18","guid":{"rendered":"https:\/\/milesfortis.com\/?p=92177"},"modified":"2023-04-25T19:37:18","modified_gmt":"2023-04-26T00:37:18","slug":"92177","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=92177","title":{"rendered":""},"content":{"rendered":"<p><a href=\"https:\/\/thefederalist.com\/2023\/04\/25\/standing-your-ground-is-a-constitutional-right\/\" target=\"_blank\" rel=\"noopener\">Standing Your Ground Is A Constitutional Right<\/a><\/p>\n<p>There\u2019s a problem in our society when people face prosecution for defending themselves in public, and when a major network props up an anti-gun activist on Sunday morning television to ridicule the basic right to self-defense with lies and rhetoric, the underlying issue and our rights at large as Americans face even greater peril.<\/p>\n<p>Unfortunately, that scenario is exactly what America got this past weekend when ABC\u2019s Martha Raddatz\u00a0<a href=\"https:\/\/twitter.com\/thisweekabc\/status\/1650160021802479617?s=27&amp;t=Zjvh3sElLFx_4fxXzJV4zA\" target=\"_blank\" rel=\"noreferrer noopener\">held a discussion<\/a>\u00a0with a Giffords Law Center to Prevent Gun Violence attorney on \u201cstand your ground\u201d laws, in which the so-called expert blatantly lied on the air claiming these statutes and precedents \u201cupend centuries of common law on self-defense and allow people to carry guns outside of the home\u2026\u201d This is utter nonsense.<\/p>\n<figure class=\"wp-block-embed is-type-rich is-provider-twitter wp-block-embed-twitter\">\n<div class=\"wp-block-embed__wrapper\">\n<div class=\"twitter-tweet twitter-tweet-rendered\"><iframe id=\"twitter-widget-0\" class=\"\" title=\"Twitter Tweet\" src=\"https:\/\/platform.twitter.com\/embed\/Tweet.html?creatorScreenName=FDRLST&amp;dnt=true&amp;embedId=twitter-widget-0&amp;features=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%3D&amp;frame=false&amp;hideCard=false&amp;hideThread=false&amp;id=1650160021802479617&amp;lang=en&amp;origin=https%3A%2F%2Fthefederalist.com%2F2023%2F04%2F25%2Fstanding-your-ground-is-a-constitutional-right%2F&amp;sessionId=d06dba61c2f15c1457157af65e658530bff7db35&amp;siteScreenName=FDRLST&amp;theme=light&amp;widgetsVersion=aaf4084522e3a%3A1674595607486&amp;width=500px\" frameborder=\"0\" scrolling=\"no\" allowfullscreen=\"allowfullscreen\" data-tweet-id=\"1650160021802479617\" data-mce-fragment=\"1\"><\/iframe><\/div>\n<\/div>\n<\/figure>\n<p>Instead, while she briefly alluded to it on air, this so-called \u201cexpert on state gun laws\u201d clearly is a supporter of the ludicrous \u201cduty to retreat\u201d laws that many leftist states still maintain. Despite the recent\u00a0<a href=\"https:\/\/thefederalist.com\/2022\/06\/24\/6-takeaways-from-the-supreme-court-decision-protecting-americans-right-to-self-defense\/\" target=\"_blank\" rel=\"noreferrer noopener\">reinforcement of the inherent right to self-defense<\/a>\u00a0in\u00a0<em>New York State Rifle and Pistol Association v.<\/em>\u00a0<em>Bruen<\/em>, these statutes, as their names suggest, require citizens, when faced with a seemingly life-threatening situation, to determine whether they can refrain from the use of deadly force by essentially running away. Further, a citizen who uses deadly force \u2014 even when threatened \u2014 could lose a claim to self-defense and potentially be charged with a crime, up to and including homicide, if it\u2019s determined that a \u201cretreat\u201d should have been made.<\/p>\n<p><!--more--><\/p>\n<p>In a constitutional republic that reveres and is structured to safeguard innate freedoms, including the right to self-defense, it is an abomination that a law-abiding citizen should be required to exhaust virtually all other options before defending himself. \u201cDuty to retreat\u201d not only costs precious seconds, but it also further emboldens violent criminals and can endanger additional lives.<\/p>\n<p>An analysis of state statutes and case law reveals that, when discussing the defense of oneself\u00a0<em>inside\u00a0<\/em>the home, some variety of \u201ccastle doctrine\u201d can almost always be claimed. This concept requires no duty to retreat, as it reaffirms that one\u2019s home is his castle, and a person need not retreat to the furthest wall before defending self and family.<\/p>\n<p>In public spaces, however, castle doctrine does not apply. Fortunately, most states have either judicially recognized or statutorily codified a legal doctrine known as \u201cstand your ground.\u201d This doctrine posits that citizens in public spaces are not required to assess whether they can make a safe retreat before employing deadly force in self-defense. Keep in mind that, in all situations, self-defense must always be measured and justified. Stand your ground is not a general license to use deadly force in public. A citizen must reasonably fear imminent death or great bodily injury.<\/p>\n<div id=\"fdrlst__b89e9-0d70457b92a2ad98fddb345f5ddc3084\" class=\"fdrlst__b89e9-0d70457b92a2ad98fddb345f5ddc3084 fdrlst__b89e9-paragraph-6\">\n<div id=\"fdrlst__b89e9-1512201280\" class=\"fdrlst__b89e9-paragraph-6 d-flex justify-content-center\">\n<div id=\"div-gpt-ad-1463670073398-0\" class=\"mb-30\">Twelve states still treat the right to self-defense with more skepticism merely if it occurs outside on the street rather than in one\u2019s own home. This is a serious matter, and quite possibly the next major Second Amendment question the Supreme Court will address. Gun Owners of America and the Gun Owners Foundation both contend that historical context and Supreme Court precedent are overwhelmingly on their side, which suggests an imminent end to \u201cduty to retreat\u201d mandates.<\/p>\n<p>First, the Second Amendment\u2019s protections predate even the Bill of Rights. The moral basis for its provisions were drawn from the biblical right to defend oneself and others against harm. This principle was increasingly recognized and applied in England in the 18th century. For example, Sir William Blackstone\u2019s \u201cCommentaries on the Laws of England,\u201d first published in 1765, plainly explained that, when one is \u201cforcibly attacked in his person or property, it is lawful for him to repel force by force.\u201dMoreover, the 2008 case\u00a0<em>District of Columbia v. Heller\u00a0<\/em>clearly affirmed the centrality of the \u201cinherent\u201d right of self-defense to the Second Amendment. Two years later, in\u00a0<em>McDonald v. City of Chicago<\/em>, the Supreme Court further elaborated that \u201c[s]elf-defense is a basic right, recognized by many legal systems from ancient times to the present day, and \u2026 individual self-defense is \u2018the central component\u2019 of the Second Amendment right.\u201d\u00a0<em>Bruen\u00a0<\/em>bolstered this holding and expanded its scope by cementing the right of citizens to carry arms for self-defense in public, as \u201cconfrontation can surely take place outside the home.\u201d<\/p>\n<p>Additionally, while\u00a0<em>Heller, McDonald<\/em>, and\u00a0<em>Bruen\u00a0<\/em>mark the beginnings of a modern renaissance in self-defense rights, one of the most compelling arguments for a constitutional right to stand one\u2019s ground is found in a case from 1895. In\u00a0<em>Beard v. United States<\/em>, the Supreme Court reversed a manslaughter conviction resulting from a confrontation that took place on the defendant\u2019s property in Arkansas. The court took issue with one of the trial court\u2019s jury instructions, which had provided \u201cthat if the accused could have saved his own life and avoided taking the life of [the decedent] by retreating from and getting out of the way of the latter as he advanced upon him, the law made it his duty to do so; and if he did not, when it was in his power to do so without putting his own life or body in imminent peril, he was guilty of manslaughter.\u201d<\/p>\n<div id=\"fdrlst__b89e9-f1c9df4496fe92208400aaadec213feb\" class=\"fdrlst__b89e9-f1c9df4496fe92208400aaadec213feb fdrlst__b89e9-paragraph-10\">\n<div id=\"fdrlst__b89e9-1743481722\" class=\"fdrlst__b89e9-paragraph-10 d-flex justify-content-center\">\n<div id=\"div-gpt-ad-1463670073398-1\" class=\"mb-30\">Here the Supreme Court rejected that notion because the defendant had been in a place \u201cwhere he had a right to be.\u201d The justices explained that the proper \u201cquestion for the jury was whether, without fleeing from his adversary,\u201d the defendant was otherwise justified in using deadly force in self-defense. Regarding the duty to retreat in this case, the court put it simply: \u201cWe cannot give our assent to this doctrine.\u201d<\/div>\n<\/div>\n<\/div>\n<p>Here, by rejecting the imposition of a \u201cduty to retreat\u201d and focusing on the fact that the \u201cdefendant was where he had the right to be,\u201d the court created a broad precedent acknowledging the right to stand your ground. They supplemented the concept with evidence from a multijurisdictional survey of self-defense law, reviewing precedents from state supreme courts in Ohio and Indiana, and treatises on both English and American common law.<\/p>\n<p>It\u2019s a disgrace that a\u00a0<a href=\"https:\/\/thefederalist.com\/2022\/07\/13\/the-left-is-doing-its-best-to-make-self-defense-a-crime\/\" target=\"_blank\" rel=\"noreferrer noopener\">bodega worker or Kyle Rittenhouse faced aggressive prosecution<\/a>\u00a0merely for defending themselves in public because of \u201cduty to retreat\u201d statutes. Shame on Martha Raddatz for failing to call out the complete and utter lies from the Giffords anti-gun activist. Allowing her to present a completely false historical analysis of the inherent right to self-defense on a national stage was gross malpractice.<\/p>\n<p>With the recent resurgence in federal protections for Second Amendment rights, it\u2019s high time to underscore that there is indeed a constitutional right to stand one\u2019s ground \u2014 a protection that applies to situations in one\u2019s home and in public.<\/p>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>Standing Your Ground Is A Constitutional Right There\u2019s a problem in our society when people face prosecution for defending themselves in public, and when a major network props up an anti-gun activist on Sunday morning television to ridicule the basic right to self-defense with lies and rhetoric, the underlying issue and our rights at large &hellip; <a href=\"https:\/\/milesfortis.com\/?p=92177\" class=\"more-link\">Continue reading<span class=\"screen-reader-text\"> &#8220;&#8221;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[29,17],"tags":[],"class_list":["post-92177","post","type-post","status-publish","format-standard","hentry","category-safety","category-self-defense"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/92177","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=92177"}],"version-history":[{"count":1,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/92177\/revisions"}],"predecessor-version":[{"id":92178,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/92177\/revisions\/92178"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=92177"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=92177"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=92177"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}