Stand Your Ground or Duty to Retreat by State [2020]


Duty to Retreat by State

Find out which states have Stand Your Ground or Castle Doctrine. State law says when a victim must retreat. Find out if your state has Stand Your Ground.

I looked at the relationship between lethal self-defense and retreating for each state and Washington D.C. Some states rely upon case law, jury instruction and in the case of Oregon a state Supreme Court ruling to address retreating and self-defense. All other states address retreating in the home and in public with specific laws.

What is the Castle Doctrine

The Castle Doctrine is the legal basis for using self-defense in a defender’s home. Based on the Castle Doctrine, a defender may use force including deadly force and need not use an avenue of retreat. In many states, the Castle Doctrine also includes a place of work, vehicle, or area around the residence. 

What is Stand Your Ground

Stand your ground is the legal basis for using force including deadly force defensively. Generally, retreating is not required anywhere a defender is legally present, if the defender is not the aggressor, and is not engaged in unlawful activity. Stand your ground is in the criminal code of about half of U.S. States.

Each State’s Position on Self-Defense and Retreating

If it has an underline, you can click to see the statute.

Alabama Stand Your Ground and Castle Doctrine 

Alaska  Stand Your Ground and Castle Doctrine

Arizona – Stand Your Ground and Castle Doctrine

Arkansas – Castle Doctrine

California – The Castle Doctrine statute does not address retreating  

Stand Your Ground by jury instruction CALCRIM No. 505

Colorado – case law Stand Your Ground  

                   Castle Doctrine for dwellings only. Vehicles and workplaces are not included in the statute. The statue does not specifically address retreating.

Connecticut – Castle Doctrine in home and place of work

Delaware – Castle Doctrine in home and place of work

Florida –  Stand Your Ground and Castle Doctrine

Georgia –  Stand Your Ground and Castle Doctrine

Hawaii –  Castle Doctrine for home and place of work

Idaho –  Castle Doctrine for home, vehicle, and place of work

Stand Your Ground based on case law and jury instruction

Illinois – Stand Your Ground and Castle Doctrine are not law. The relevant statute does not specifically mention no duty to retreat.

Indiana – Stand Your Ground and Castle Doctrine

Iowa – Stand Your Ground and Castle Doctrine

Kansas – Stand Your Ground and Castle Doctrine

Kentucky – Stand Your Ground and Castle Doctrine

Louisiana – Stand Your Ground and Castle Doctrine

Maine – Castle Doctrine

Maryland – case law Castle Doctrine

Massachusetts –  Castle Doctrine

Michigan –  Stand Your Ground and Castle Doctrine

Minnesota –  Castle Doctrine

Mississippi –  Stand Your Ground and Castle Doctrine

Missouri – Stand Your Ground and Castle Doctrine

Montana – Stand Your Ground and Castle Doctrine

Nebraska – Castle Doctrine for home and place of work

Nevada – Stand Your Ground and Castle Doctrine

New Hampshire – Stand Your Ground and Castle Doctrine

New Jersey – Castle Doctrine

New Mexico – Stand Your Ground and Castle Doctrine based on jury instructions

New York – Castle Doctrine

North CarolinaStand Your Ground and Castle Doctrine

                          North Carolina has two different statutes for castle doctrine and stand your ground.

North Dakota – Castle Doctrine for home and place of work

Ohio – Castle Doctrine for home and vehicle

Oklahoma – Stand Your Ground and Castle Doctrine

Oregon – The law does not require retreating. The Oregon Supreme Court ruled there is no duty to retreat.

Pennsylvania – Castle Doctrine

Rhode Island – Stand Your Ground and Castle Doctrine

South Carolina – Stand Your Ground and Castle Doctrine

South Dakota – Stand Your Ground and Castle Doctrine

Tennessee – Stand Your Ground and Castle Doctrine

Texas – Stand Your Ground and Castle Doctrine

Utah – Stand Your Ground and Castle Doctrine

Vermont – Stand Your Ground and Castle Doctrine based on jury instructions

Virginia – Stand Your Ground and Castle Doctrine by case law

Washington – Stand Your Ground and Castle Doctrine by case law and jury instructions

Washington D.C. – Stand Your Ground and Castle Doctrine are not law.

West Virginia – Stand Your Ground and Castle Doctrine

Wisconsin – Castle Doctrine

Wyoming – Stand Your Ground and Castle Doctrine

Andrew Jordan

I’m a lifelong native of Memphis, TN. Shooting drills especially with 22LR are one of my passions. My concealed carry permit application was submitted on my 21st birthday. The P10C is my EDC pistol. I invented the patented 15 round 5.56 stripper clip. You can also find me on the “Concealed Carry Andrew” Youtube channel.

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