Stand Your Ground Act would create a national “stand your ground” gun law, as 25 states already have
In the words of Tom Petty and the Heartbreakers, “I won’t back down… I will stand my ground.” But should you legally be able to do so nationwide when it means shooting someone rather than a karaoke night song choice?
Context
In all 50 states, self-defense is a legally valid excuse for using deadly force — for example, if a person with a gun is actually charging at you. But what about in situations where it’s possible you could retreat and avoid violence? That’s where the states split.
In a policy nicknamed “stand your ground,” in effect in 25 mostly-red states, there is no legal duty to attempt a retreat in such a scenario. Even if you could have retreated, you can shoot. In 25 mostly-blue states, there is such a “duty to retreat.”
Florida became the first state to adopt a “stand your ground” law in 2005. Their policy gained increased prominence in the aftermath of the state’s 2013 trial and acquittal of George Zimmerman for killing the unarmed 17-year-old Trayvon Martin. (However, Zimmerman’s legal team didn’t actually invoke the state’s “stand your ground” law in their defense.)
In the wake of the controversial verdict, the Florida House’s Criminal Justice Committee held hearings about the state’s law, including considering a Democratic-led bill to potentially repeal it. The hearings were chaired by the young then-state legislator Matt Gaetz, a Republican who helped lead the successful effort to keep the law in place.
Today, Gaetz is a member of Congress who’s introduced a new bill on the subject.
What the bill does
The Stand Your Ground Act would implement “stand your ground” laws nationally, removing the so-called “duty to retreat” in all states.
It was introduced in the House on December 13 as H.R. 6248, by Rep. Matt Gaetz (R-FL1).
What supporters say
Supporters argue that in a split-second life-or-death situation, sometimes you don’t have the opportunity to look around and see whether there’s a possibility of retreat or deescalation.
“Like Kyle Rittenhouse, every American has the right to defend their life from an attacker. If someone tries to kill you, you should have the right to return fire and preserve your life,” Rep. Gaetz said in a press release. “Let’s reaffirm in law what exists in our Constitution and in the hearts of our fellow Americans. Abolish the legal duty of retreat everywhere.”
(Rittenhouse was recently acquitted on all charges in a Wisconsin state court after killing two people, which he claimed was self-defense. But even though “stand your ground” laws make it more likely for a defendant to be acquitted in such a situation, that verdict came despite Wisconsin not having a stand your ground law.)
What opponents say
“Stand your ground” opponents counter that — despite Republicans’ rhetoric — they’re not actually out to ban gun ownership or repeal the Second Amendment. Rather, they aim to limit one of the worst excesses of the status quo: shootings, even fatal shootings, which could have been avoided.
In a 2017 study, American University’s Chandler McClellan and Erdal Tekin found that a “stand your ground” law correlated with a 7.5 increase in a state’s homicide rate.
“It’s not about gun control. It’s about self-control,” Florida Rep. Alan Williams, (D-Tallahassee), lead sponsor of 2013’s stand-your-ground repeal bill, told a Florida radio station. “We hunt, too. But we don’t hunt young men minding their own business.”
Odds of passage
The bill has attracted six cosponsors, all Republicans. It awaits a potential vote in the House Judiciary Committee.
Odds of passage are low in the Democratic-controlled chamber.
— — — — — — — — — — — — — — — — —
This article was written by GovTrack Insider staff writer Jesse Rifkin.
Want more? Follow GovTrack by email, on Twitter, and for our “A Bill a Minute” video series — on Instagram, or on YouTube.
Like our analyses? Support our work on Patreon.
