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I don't believe (except maybe DC) any US state requires you to retreat from your domicile. https://en.wikipedia.org/wiki/Stand-your-ground_law https://en.wikip
by agensaequivocum 5y ago
I don't believe (except maybe DC) any US state requires you to retreat from your domicile.
https://en.wikipedia.org/wiki/Stand-your-ground_law https://en.wikipedia.org/wiki/Stand-your-ground_law
- slowhand09 5y agoFrom your source: 12 states impose a duty to retreat when one can do so with absolute safety: Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, Rhode Island, and Wisconsin. New York, however, does not require retreat when one is threatened with robbery, burglary, kidnapping, or sexual assault. No mention of domicile in this text.
- agensaequivocum 5y agoIt may not say in that specific spot. The map, however, does indicate what I said. Looking specifically into, for example, Wisconsin: > If an actor intentionally used force that was intended or likely to cause death or great bodily harm, the court may not consider whether the actor had an opportunity to flee or retreat before he or she used force and shall presume that the actor reasonably believed that the force was necessary to prevent imminent death or great bodily harm to himself or herself if the actor makes such a claim under sub. (1) and either of the following applies: > 1. The person against whom the force was used was in the process of unlawfully and forcibly entering the actor's dwelling, motor vehicle, or place of business, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that an unlawful and forcible entry was occurring. > 2. The person against whom the force was used was in the actor's dwelling, motor vehicle, or place of business after unlawfully and forcibly entering it, the actor was present in the dwelling, motor vehicle, or place of business, and the actor knew or reasonably believed that the person had unlawfully and forcibly entered the dwelling, motor vehicle, or place of business. https://docs.legis.wisconsin.gov/statutes/statutes/939/iii/48 https://docs.legis.wisconsin.gov/statutes/statutes/939/iii/4... Edit: Also New York: > (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is: > (i) in his or her dwelling and not the initial aggressor; or PEN 35.15 https://www.nysenate.gov/legislation/laws/PEN/35.15 https://www.nysenate.gov/legislation/laws/PEN/35.15