Florida’s controversial “stand her ground” regulation has been in the spotlight many times due to the fact that its adoption in 2005. The legislation sets guidelines because that when and also how a person have the right to defend versus physical threats.

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Most recently, the State Attorney’s Office declined to bring criminal charges versus a guy who shot and killed a 24-year-old golden Gate mansions man during a roadway rage incident, stating the shooter’s actions were justified under “stand her ground.”

Still not sure what “stand her ground” is? right here are five questions and answers to help clear things up.

1. What is Florida’s “stand your ground” legislation?

According to the 2019 Florida Statues chapter 776, i m sorry covers justifiable homicide, “a human being is justified in using or threaten to use deadly force if he or she reasonably believes that making use of or threaten to usage such pressure is necessary to stop imminent fatality or great bodily harm to himself or it s her or an additional or to protect against the unavoidable commission of a forcible felony.”

Essentially, it’s thought about justifiable in Florida to use or threaten to use deadly pressure to defend yourself if friend think you’re in hazard of being eliminated or serious harmed by an additional person. Unlike the regulations in some other states, you’re not required to shot to operation away first.

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2. As soon as does “stand your ground” apply?

“Stand her ground” uses in instances in i beg your pardon a person has a clear factor to believe he or she is around to be the victim of significant violence, however there room some limitations defined under the law. 

According to the statute, it doesn’t apply if the human being who’s defending himself or it s her is engaging in some type of criminal activity. Because that example, a medicine dealer who shoots someone during an attempted robbery in ~ a drug transaction can’t insurance claim “stand your ground.”

The legislation doesn’t apply if a human being uses deadly force versus a law enforcement officer who is “acting in the power of his or her official duties.” 

If the human using deadly pressure intentionally furious the other party, or if the various other party has currently attempted to withdraw from the confrontation, the use of pressure is no justified under “stand your ground.”

Additionally, “stand your ground” only uses if the person who uses force in self defense is in a ar where they’re legally allowed to be. A human being who is endangered while trespassing or breaking right into someone’s home can’t claim self-defense under “stand her ground.”

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3. What is “duty to retreat”?

“Duty come retreat” is the expectation the a human being who’s being threatened with bodily harm will make a reasonable effort to escape indigenous the situation prior to resorting to making use of deadly force. In virtually than fifty percent of U.S. States, it’s just legal to usage deadly pressure in self-defense if you’ve attempted other avenues of escape or de-escalation uneven you"re in your own home, according to Findlaw.com.

This is not the case in Florida. A human being who is obeying the law and in a place where he or she is permitted to be has actually no obligation to try to acquire away.

4. Why is that so controversial?

The deadly 2012 shooting of Trayvon Martin, an unarmed teenager, by ar watch volunteer George Zimmerman put Florida’s “stand her ground” legislation under national scrutiny. Zimmerman to be acquitted that second-degree murder.

Critics say “stand her ground” might embolden gun owner to use deadly force when it might not be necessary by cultivating a “shoot-first” mentality. Ben Crump, a Tallahassee civil legal rights attorney called the law “a digital get-out-of-jail-free card the is basically a patent to kill.”

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The conflict deepened in so late 2018 as soon as the Florida can be fried Court ruled “stand your ground” immunity applies to law enforcement policemans in the heat of duty in the same means it uses to civilians, follow to a report through the associated Press.

The decision stemmed from a 2013 case in i beg your pardon police shot and also killed 33-year-old Jermaine McBean in ft Lauderdale. McBean was transporting a recently purchased wait rifle the sheriff’s deputies mistook because that a actual firearm, and also he didn’t automatically obey commands from deputies due to the fact that he to be listening to music through earbuds and didn’t listen them. Peter Peraza, the deputy who shot McBean, to be granted “stand-your-ground” immune in court, however the state appealed. The instance ultimately went to the can be fried Court, AP reported.

5. Do other states have similar laws?

Twenty-seven states have legislatively embraced “stand her ground” laws and another five states have adopted “stand your ground” in practice. Three much more states have “stand-your-ground” laws, yet they only use if a human is endangered while in your vehicle.

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Some states limit usage of deadly pressure to castle doctrine, i m sorry justifies the use of force in self-defense by a building owner or resident while at that dwelling or property. In those states, human being have a duty to retreat in windy places. Vermont is the just state that has actually neither “stand your ground” nor castle doctrine statutes, according to the state"s legislature website.

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