Quote:
There is no legal duty to retreat unless your state legislates otherwise.
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I wouldn't rely on that.
Where I live, the law reads "A person
may not use deadly force upon another person under the circumstances specified in subsection 1 of this section
unless he or she reasonably believes that such deadly force is
necessary to protect himself or herself or another against death, serious physical injury, or any forcible felony [(there's no mention of retreat here)] or such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person." The law goes on to say that a person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining.
While there is no explicit wording specifying that there
is a duty to retreat when outside, we are adised that said duty exists. Probably implicit in the word "necessary" and embodied in case law.
Given that fact and the fact the duty to retreat stems from the common law, absent competent legal advice to the contrary I would assume that there
is a legal requirement to retreat
unless the state has legislated otherwise, or unless there has been a binding court decision to the contrary.
Lay opinion. Any attorneys care to comment?