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Old February 6, 2015, 08:46 PM   #9
Junior Member
Join Date: January 18, 2014
Location: South of Atlanta
Posts: 5
Spats, thank you for the reply and detailed information. I appreciate it.

Even if this is true, and I have yet to dig up a reputable citation for the claim that the law was inadvertently changed due to an attorney's incorrect statement, then it is historically interesting, and good to know, but it may or may not have a bearing on the outcome of a case today.

I think the point is when did we as Americans have a law enacted which required one a duty to retreat. Keep mind the foundation of our constitution restricts and limits government powers but “all” rights and “all” liberties are bestowed upon the citizen until a governing body enacts law restricting or forbidding them. So the question and the answer I personally seek is just when did America require it’s citizens to retreat when faced with a forcible felony or in threat of deadly danger?

Specific states have enacted “Duty to Retreat” laws demanding by law a victim must retreat or attempt it prior to use of force thus placing the burden of proof upon them to prove it, rather than the state.

It a state that has no duty to retreat and no stand your ground law there is a liberal leftist view that one must retreat prior to use of lethal force when deadly force is provoked by an aggressor. This is untrue. A man can decide to retreat if able or stand his ground. It’s his decision, not the state’s decision. As long as the individual or 3rd party’s life is potentially at risk and deadly force indicated to preserve it. In previous cases presented to SCOTUS claiming duty to retreat convictions they have been overturned. Is there any SCOTUS case that reverses prior decision? If not then in the absence of state restriction then stand your ground is the law. Correct me if I'm in error.

Brown v. United States is in agreement with the Beard case and addresses once again that “duty to retreat” came from old English law during a time it was unlawful to use lethal force to defend yourself as in a slave or subject without rights. You could appeal to the king for pardon and even if granted all your property or assets would be forfeited to the crown. That is complete bull crap and is the key difference of a subject or slave and a citizen. Theoretically a citizen and a King fall under the same law. If a citizen must retreat before use of deadly force, then so must the king or his enforcers.

Which again begs the critical question just where the heck did we as citizens fall under a created law that requires one a duty to retreat in acts of honest self-defense? None that are federal, some that are state legislated either in the home or public. New Jersey is infamous in requiring one a duty to retreat in a person’s OWN home. This is incomprehensible in a “free state” pertaining to free men and abrades against the fiber of our constitution.

I think it rather odd that one cannot locate, without visiting every single state’s web site and scrutinizing if a duty to retreat exist-a created/enacted law. Some have castle law in the home but no law for outside. Some have castle law and have enacted a duty to retreat outside of the home and at least one (New Jersey) has enacted a duty to retreat both in the home and outside the home.

So which states require a duty to retreat, you reference: Appellate Court of Connecticut is referenced as well as the Supreme Court of Rhode Island.

Georgia has a qualified duty to retreat as there is no duty to retreat both in home and public. We have stand your ground law and castle law.

Arkansas has castle law or no duty to retreat in your home so everywhere else, a duty to retreat law exist with exception in assisting a LEO per your reference.

It is critical and key to understand the law in the state and in some cases the jurisdiction you are in as some pre-empt state law (ludicrous). The purpose and intent of this post is just that, beginning with which states specifically ban stand your ground and have enacted leftist duty to retreat laws. A difficult task as is seems no one has taken the effort to scrutinize them all and list them in order. Or is access restricted? Makes a thinking man think as who would that serve and for what benefit?

This will be a task but worthy endeavor. It’s just odd that with all the data available at one’s finger tips and the ease of locating every state that enacted SYG law that there is great difficulty in obtaining which states enacted a duty to retreat. it's a challenge to accomplish.
“Blessed are those who, in the face of death, think only about the front sight.” LTC-RET, Jeff Cooper (RIP)

Last edited by RamRoddoc; February 6, 2015 at 08:59 PM.
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