View Single Post
Old February 5, 2015, 05:51 PM   #4
Junior Member
Join Date: January 18, 2014
Location: South of Atlanta
Posts: 5
No Duty To Retreat.

It appears there was no duty to retreat since 1532. If there is no duty to retreat then you may stand your ground.

Under English law until 1532, if you killed another person, upon conviction, your property was confiscated and you were sentenced to death--even if you were defending yourself from robbery or murder. It was common for the king to hear appeals if you had been defending yourself, and for him to pardon you--but your property was not returned to you
Henry VIII changed the law in 1532, clarifying that killing another person in one's home, or on public roads, while defending yourself from murder, robbery, or burglary, was now lawful. You would no longer be convicted for killing in self-defense, nor would your property be confiscated

Once our nation was founded, we as American citizens have all rights and liberties bestowed upon us, unless a law is created to restrict, prohibit or ban them. The fundamental basic right to self defense does not require a duty to retreat. It exist, it always has, that is until a governing body creates a legal situation deeming it a requirement before use of force. That law stood until 1895 when an attorney incorrectly claimed a man had a duty to retreat before use of force.

One of America's earliest SCOTUS clarifications describing no requirement or duty to retreat is Beard vs. United States:

The short version, scroll down to Beard vs. United States:
the longer but very interesting version. Uncle Beard seemed to exercise great restrain in disarming two men stealing a cow:

In 2013 Eric Holder, AG spoke to the NAACP and advocated repealing "Stand Your Ground Law". Stand your ground law has been law since the birth of our nation. States "creating' stand your ground laws only reiterate and clarify the states standing.

More importantly, which states place the burden of retreat upon a victim?

Do a web search "duty to retreat states" and nothing..... Do a web search of SYG states and volume after volume are listed. Much of that in an effort to repeal them. Odd?

Most states even N.Y. have long adopted Castle laws (SYG in the home) early into their constitution as well as enacting SYG laws solidifying the basic fundamental right to self-defense.

NYC convicts a man based on "duty to retreat as common law":

However a few do not extend that into public and a victim must retreat, which in this era of firearms puts them at grave risk.

Just because someone says it's so doesn't mean it so. So if anyone disagrees please reply. I encourage meaningful debate.

For those who want to learn more about SYG, the CATO video is one of the best. The intro is how the left distorts-lies about the purpose and intent of SYG with opinion.... Wait for the response at about 1:40 it's worth it.
“Blessed are those who, in the face of death, think only about the front sight.” LTC-RET, Jeff Cooper (RIP)
RamRoddoc is offline  
Page generated in 0.02257 seconds with 8 queries