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States that impose you have a duty to retreat

Posted By: Grandpa Trapper

States that impose you have a duty to retreat - 03/01/24 09:43 PM

A duty to retreat generally means you can’t resort to deadly force in self defense if you can safely retreat if you can safely avoid an imminent danger. If that isn’t an option due to being cornered or pinned down and facing great bodily harm then you may be authorized to use deadly force. The states that have this ruling are Connecticut, Delaware, Hawaii, Massachusetts, Maryland, Maine, Minnesota, Nebraska, New Jersey, New York, North Dakota, Rhode Island and Wisconsin. I was surprised to see Nebraska and North Dakota on this list. Do you believe in this law? I can see the statement “you may be authorized to use” being a big problem especially in Blue States.
Posted By: Guss

Re: States that impose you have a duty to retreat - 03/01/24 09:47 PM

I talk to a guy that lives in Minnesota and you have to runaway or face the law.
Posted By: Law Dog

Re: States that impose you have a duty to retreat - 03/01/24 09:48 PM

Choot’em here!
Posted By: Trappin Arkansas

Re: States that impose you have a duty to retreat - 03/01/24 09:58 PM

Arkansas has a stand your ground law !!! But that being said if the imminent danger is retreating you can’t shot them in the back
Posted By: warrior

Re: States that impose you have a duty to retreat - 03/01/24 10:00 PM

In Georgia if you have legal and legitimate right to the spot your standing on then you're free to return fire to your heart's content.
Posted By: warrior

Re: States that impose you have a duty to retreat - 03/01/24 10:02 PM

But common sense says that if you can safely get somewhere else without needing to fire a shot then that just might be the better option. It just can't be used against you if choose not to.
Posted By: GREENCOUNTYPETE

Re: States that impose you have a duty to retreat - 03/01/24 10:06 PM

while the WI law doesn't have "Stand your ground" WI law does have "castile doctrine"

WI law also doesn't specifically have a "Duty To Retreat" law either meaning a judge may ask that it be considered in factoring your response to the threat.

and it is outlined in 939.48

https://docs.legis.wisconsin.gov/statutes/statutes/939/iii/48

the readers digest version
https://www.wicriminaldefense.com/blog/2021/june/wisconsin-stand-your-ground-law/

it is an interesting some of this some of that mix in WI
Posted By: 2poor

Re: States that impose you have a duty to retreat - 03/01/24 10:20 PM

Minnesota
Posted By: trapperkeck

Re: States that impose you have a duty to retreat - 03/01/24 10:21 PM

Nebraska's duty to retreat pertains to public places. If someone is in your house, whack'em. In Minnesota, you have to make an attempt to flee your own home, if an intruder breaks in and leaves you an opening to escape. Our CCW instructor maintains, if you shoot an intruder in your home in Minnesota, you better be putting holes in the front and don't stop shooting until the intruder(s) are no longer breathing.
Posted By: BigBob

Re: States that impose you have a duty to retreat - 03/01/24 10:21 PM

Mo is a stand your ground state, with constitutional and concealed carry. Thank you Jesus!
Posted By: Lugnut

Re: States that impose you have a duty to retreat - 03/01/24 10:38 PM

PA has a Castle Doctrine that eliminates the duty to retreat in your home, car or place of work. Several years ago it was expanded to Stand Your Ground statewide except in Philadelphia. Philadelphia adheres to the Castle Doctrine but not the expanded version of it which allows standing your ground outside your home car or business.
Posted By: Wanna Be

Re: States that impose you have a duty to retreat - 03/01/24 10:40 PM

I know a gentleman here in GA that held at gunpoint and let police do their job. Only issue is the courts didn’t do there’s. He’s still having to deal with the “guy” that thinks his daughter is somehow “his” property. With that said, if, and I pray I don’t have to, but if someone breaks in my house, they won’t breathe another breath outside of it.

If I’m in public with my family, my only concern is getting my family to safety and avoid any confrontation if possible. The same goes if I’m by myself. Violence will be met with violence only “if” there’s no other way.

My advice is to avoid those situations at all cost, but if it becomes necessary, don’t half butt it, finish it. Also remember what you do stays with you for the rest of your life. I don’t mean following as in people, I mean in your head. No matter what you do, justify it.
Posted By: Mando

Re: States that impose you have a duty to retreat - 03/01/24 10:48 PM

You better have the right insurance if you carry. Self defense can cost you a lot of money and grief.
Posted By: danny clifton

Re: States that impose you have a duty to retreat - 03/01/24 10:54 PM

Does that apply equally to L,E.?
Posted By: Trappin Arkansas

Re: States that impose you have a duty to retreat - 03/01/24 11:03 PM

I’m in law Enforcement and where a person works carry insurance just in case things go south while on duty but I myself carry a additional 1million in insurance just in case but that’s just me
Posted By: 2poor

Re: States that impose you have a duty to retreat - 03/02/24 12:59 AM

Originally Posted by Mando
You better have the right insurance if you carry. Self defense can cost you a lot of money and grief.


Better option is giving up your life ? What good is that money then ?
Posted By: 52Carl

Re: States that impose you have a duty to retreat - 03/02/24 01:09 AM

I came from no money. I am not scared of going back there just because of taking out someone to protect me and mine.
Posted By: K52

Re: States that impose you have a duty to retreat - 03/02/24 01:56 AM

Originally Posted by Mando
You better have the right insurance if you carry. Self defense can cost you a lot of money and grief.


I had a friend who shot and killed a crazy meth head that had came in his front door from out of the blue. Guy had a butcher knife and Bill center punched him with a 9mm,DRT.
He never left his house to go to the police station or any of the other things people allude to on here all the time. Police chief & sheriff congratulated him for a good shoot.

In Kansas no duty to retreat, constitutional carry, anywhere I can legally be I can defend myself and others if need be. Also no civil liability can be sought against you by the criminals family. No ghetto lottery winners here.
Posted By: Mando

Re: States that impose you have a duty to retreat - 03/02/24 02:01 AM

Originally Posted by 2poor
Originally Posted by Mando
You better have the right insurance if you carry. Self defense can cost you a lot of money and grief.


Better option is giving up your life ? What good is that money then ?

You're not understanding. It's insurance to pay the lawyers and court fees if you shoot someone.
Posted By: danny clifton

Re: States that impose you have a duty to retreat - 03/02/24 02:02 AM

If L.E. had to operate under the same duty to retreat, law would be repealed in about 3 seconds
Posted By: DWC

Re: States that impose you have a duty to retreat - 03/02/24 02:18 AM

r
Originally Posted by trapperkeck
Nebraska's duty to retreat pertains to public places. If someone is in your house, whack'em. In Minnesota, you have to make an attempt to flee your own home, if an intruder breaks in and leaves you an opening to escape. Our CCW instructor maintains, if you shoot an intruder in your home in Minnesota, you better be putting holes in the front and don't stop shooting until the intruder(s) are no longer breathing.


Ive always wondered why anyone but libs live in that state. Now Im even more curious.
Posted By: bucksnbears

Re: States that impose you have a duty to retreat - 03/02/24 02:35 AM

Mn ain't a liberal state!
The Metro area is.
Posted By: HobbieTrapper

Re: States that impose you have a duty to retreat - 03/02/24 02:42 AM

Originally Posted by Grandpa Trapper
A duty to retreat generally means you can’t resort to deadly force in self defense if you can safely retreat if you can safely avoid an imminent danger. If that isn’t an option due to being cornered or pinned down and facing great bodily harm then you may be authorized to use deadly force. The states that have this ruling are Connecticut, Delaware, Hawaii, Massachusetts, Maryland, Maine, Minnesota, Nebraska, New Jersey, New York, North Dakota, Rhode Island and Wisconsin. I was surprised to see Nebraska and North Dakota on this list. Do you believe in this law? I can see the statement “you may be authorized to use” being a big problem especially in Blue States.


This is exactly why there will be no body.
Posted By: 2bit

Re: States that impose you have a duty to retreat - 03/02/24 02:45 AM

If deadly force needs to be used, the decision is made in a split second, in most cases retreat is not an option, it's kill or be killed. How could any state take away a person's right to self defense. Even California isn't that stupid
Posted By: DWC

Re: States that impose you have a duty to retreat - 03/02/24 03:39 AM

Originally Posted by bucksnbears
Mn ain't a liberal state!
The Metro area is.


And doesnt that dictate the rest of the state’s laws?
Posted By: Cragar

Re: States that impose you have a duty to retreat - 03/02/24 06:03 AM

Originally Posted by K52
I had a friend who shot and killed a crazy meth head that had came in his front door from out of the blue. Guy had a butcher knife and Bill center punched him with a 9mm,DRT.
He never left his house to go to the police station or any of the other things people allude to on here all the time. Police chief & sheriff congratulated him for a good shoot.

In Kansas no duty to retreat, constitutional carry, anywhere I can legally be I can defend myself and others if need be. Also no civil liability can be sought against you by the criminals family. No ghetto lottery winners here.


This needs to be 100% nationwide.
Posted By: SNIPERBBB

Re: States that impose you have a duty to retreat - 03/02/24 06:52 AM

Imminent danger is an odd term to use.. at that point it's too late to retreat, and it's might even be too late to defend yourself with any weapon.
Posted By: gcs

Re: States that impose you have a duty to retreat - 03/02/24 02:41 PM

NY is interesting, according to their CPL, there is 7, I believe, situations where you are allowed to use Deadly force, by anyone. Last time I knew none of that was repealed .,these add on regs seem to contradict the actual written law.
Posted By: bowhunter27295

Re: States that impose you have a duty to retreat - 03/02/24 02:48 PM

Defending yourself is a concept not many people can relate to. You have an inherent natural desire not to kill someone. There can be a hesitation just because you don't want to kill someone due to the problems it will cause. You just want them to go away.

When you shoot someone it can be like a bad shot on a deer or any other animal. You actually watch them die. Crying, rolling in agony, jerking and at the end probably gurgling and gasping for breath. Be ready for this and know they are nothing but an animal and at that moment, you are also.

I say this not to deter anyone from defending themselves. I say this to prepare you for what may come so you are mentally ready for what will happen after the bullet leaves the barrel. Aim center mass with at least 2-4 shots then 1-2 in the head. That way you will not have to hear any thing out of the person who underestimated you. You will have blood and brain splatter on you. Ignore that and accept it in the moment. You claim to be physically ready. Accept this paragraph as to what you need to do to be mentally ready. I pray to GOD I NEVER have to kill anyone.

I plan to do everything I can to run away.

I hope I NEVER have to defend myself but I work in the armpit of NC in Greensboro. Crime is rising at an alarming rate. I am physically and mentally ready.

I do worry about the court costs though.
Posted By: Trapper7

Re: States that impose you have a duty to retreat - 03/02/24 03:44 PM

Originally Posted by Guss
I talk to a guy that lives in Minnesota and you have to runaway or face the law.

if you google Castle Doctrine Minnesota, it says if an intruder is in your home and threatens your life with a gun or weapon, you have the right to shoot them. However, when I took by concealed carry class, the instructor told us MN didn't honor the Castle Doctrine.
Posted By: Boco

Re: States that impose you have a duty to retreat - 03/02/24 04:17 PM

Originally Posted by 2poor
Originally Posted by Mando
You better have the right insurance if you carry. Self defense can cost you a lot of money and grief.


Better option is giving up your life ? What good is that money then ?


This right here.
If you are hashing out if you should or shouldnt defend yourself because of some retatded statute-it is too late for you.
Posted By: randall brannon

Re: States that impose you have a duty to retreat - 03/02/24 04:44 PM

Originally Posted by GREENCOUNTYPETE
while the WI law doesn't have "Stand your ground" WI law does have "castile doctrine"

WI law also doesn't specifically have a "Duty To Retreat" law either meaning a judge may ask that it be considered in factoring your response to the threat.

and it is outlined in 939.48

https://docs.legis.wisconsin.gov/statutes/statutes/939/iii/48

the readers digest version
https://www.wicriminaldefense.com/blog/2021/june/wisconsin-stand-your-ground-law/

it is an interesting some of this some of that mix in WI



You better talk to the Milwaukee Police Dept. You have to retreat even if you have to jump out of a window 5 stories up. Heck they arrested an old man in his living room at 3 am in the morning for having a gun in his robe pocket when they were investigating a home burglary across the street and knocked on his door to see if he saw anything. He had to appeal his conviction to the state supreme court and used ago fund me donations to pay for it all otherwise he would have had to sell his home.
Posted By: Tommyran

Re: States that impose you have a duty to retreat - 03/02/24 04:46 PM

No matter what if someone breaks into my house while I'm home and takes one step towards me they are going to die. Period. No negotiations, no nothing. My boom stick will take care of it. Then I call 911 and fill them in.

If I have to I'll take one for the team. How the (This word is unacceptable on Trapperman) can you tell someone you can't defend yourself? SCREW THAT.
Posted By: randall brannon

Re: States that impose you have a duty to retreat - 03/02/24 04:47 PM

WV has stand your ground but the best thing to do is dump the body in a mine vent shaft and let the rats eat the evidence.
Posted By: BobMo

Re: States that impose you have a duty to retreat - 03/02/24 05:46 PM

Originally Posted by 2poor
Originally Posted by Mando
You better have the right insurance if you carry. Self defense can cost you a lot of money and grief.


Better option is giving up your life ? What good is that money then ?

Better to be judged by 12 than carried by 6
Posted By: ceelmo.trap

Re: States that impose you have a duty to retreat - 03/02/24 05:52 PM

As I remember from my last CC course you must find every way to avoid the need to shoot in any form of retreat can be made to get out of the situation and only shoot when your life is in real danger there is a definite threat to your life or your going to lose your life in the conflict
Posted By: bowhunter27295

Re: States that impose you have a duty to retreat - 03/02/24 08:05 PM

Originally Posted by Tommyran
No matter what if someone breaks into my house while I'm home and takes one step towards me they are going to die. Period. No negotiations, no nothing. My boom stick will take care of it. Then I call 911 and fill them in.

If I have to I'll take one for the team. Why in the (This word is unacceptable on Trapperman) do liberals tell people they can't defend themselves? SCREW THAT.


Fixed it for you. Remember this come November. There is hope for you yet.
Posted By: Tommyran

Re: States that impose you have a duty to retreat - 03/02/24 08:11 PM

Originally Posted by bowhunter27295

Fixed it for you. Remember this come November. There is hope for you yet.


It's not just "liberals" genius. There, fixed it for you.
Posted By: Guss

Re: States that impose you have a duty to retreat - 03/02/24 09:54 PM

Originally Posted by randall brannon
WV has stand your ground but the best thing to do is dump the body in a mine vent shaft and let the rats eat the evidence.

Or a pig farm.
Posted By: Trappin Arkansas

Re: States that impose you have a duty to retreat - 03/02/24 09:56 PM

Just Remember to knock there teeth out a hog can’t digest teeth lol
Posted By: randall brannon

Re: States that impose you have a duty to retreat - 03/02/24 10:43 PM

Originally Posted by Trappin Arkansas
Just Remember to knock there teeth out a hog can’t digest teeth lol

Rats even chewed up mostof the Teeth. I know this because on the news they stated that they had to use DNA to find out who it was because the teeth were chewed so bad they could not use Dental Records.
Posted By: randall brannon

Re: States that impose you have a duty to retreat - 03/02/24 10:46 PM

That is why I liked the old Milwaukee County Sherriff David Clarke. He was smart enough and stated that shooting a Criminal that breaks into your home sends a clear message to the other Criminals that they need a different choice in Careers. We need more of that thinking.
Posted By: Grandpa Trapper

Re: States that impose you have a duty to retreat - 03/02/24 11:17 PM

Originally Posted by bucksnbears
Mn ain't a liberal state!
The Metro area is.

Originally Posted by bowhunter27295
Defending yourself is a concept not many people can relate to. You have an inherent natural desire not to kill someone. There can be a hesitation just because you don't want to kill someone due to the problems it will cause. You just want them to go away.

When you shoot someone it can be like a bad shot on a deer or any other animal. You actually watch them die. Crying, rolling in agony, jerking and at the end probably gurgling and gasping for breath. Be ready for this and know they are nothing but an animal and at that moment, you are also.

I say this not to deter anyone from defending themselves. I say this to prepare you for what may come so you are mentally ready for what will happen after the bullet leaves the barrel. Aim center mass with at least 2-4 shots then 1-2 in the head. That way you will not have to hear any thing out of the person who underestimated you. You will have blood and brain splatter on you. Ignore that and accept it in the moment. You claim to be physically ready. Accept this paragraph as to what you need to do to be mentally ready. I pray to GOD I NEVER have to kill anyone.

I plan to do everything I can to run away.

I hope I NEVER have to defend myself but I work in the armpit of NC in Greensboro. Crime is rising at an alarming rate. I am physically and mentally ready.

I do worry about the court costs though.


I agree to a certain extent. If you see the perp go down after two shots and the threat has been erased, I would not place one to two more shots in the head for good measure especially if there are cameras around. I would say Police are also able to determine the angle of a bullet entering the body. If the perp has the gun not visible under his body while laying on the floor and still moving that may be a different story.
Posted By: 2bit

Re: States that impose you have a duty to retreat - 03/03/24 03:11 AM

As long as there is only one story and the person laying on the ground has a long wrap sheet, things will be in your favor. It doesn't take a genius to know when you're in immediate danger of major injury or death.
Posted By: danny clifton

Re: States that impose you have a duty to retreat - 03/03/24 03:46 AM

2bit, some states you might be better off to let the outlaw shoot you.
Posted By: yotetrapper30

Re: States that impose you have a duty to retreat - 03/03/24 03:52 AM

I live so far off the beaten path that it would be a hard decision if someone actually came here to my house and made me shoot them. It really seems as if disposing of the body would be a lot easier than dealing with the authorities.

But on the other hand, what if they told their girlfriend/brother/accomplice where they were headed before they died? That could complicate things.
Posted By: HobbieTrapper

Re: States that impose you have a duty to retreat - 03/03/24 11:03 AM

Originally Posted by yotetrapper30
I live so far off the beaten path that it would be a hard decision if someone actually came here to my house and made me shoot them. It really seems as if disposing of the body would be a lot easier than dealing with the authorities.

But on the other hand, what if they told their girlfriend/brother/accomplice where they were headed before they died? That could complicate things.


Only if they are there at your property also. Maybe the would be intruder had a change of heart and decided to disappear and start a new life. You know, separate themselves from their criminal friends or any bad influence that might look for them.
Posted By: Ol' Smoke

Re: States that impose you have a duty to retreat - 03/03/24 11:20 AM

Lawyers and judges try to take deterrence out of the equation and create more crime.
Posted By: danny clifton

Re: States that impose you have a duty to retreat - 03/03/24 11:53 AM

I dont worry about a deranged attacker to much where I live. I doubt it ever happens and if it does I doubt I would even be taken for questioning. I am in Kansas City a lot working. Being armed is legal in both KS and MO but only because of state statutes. Both sides of the border your getting taken to jail if your in the metro area. Getting treated like a criminal. Lots of dope fiends and lots of violence. Seems like the worse the criminal activity in an area the more likely you are to face prosecution for self defense. Related? I think so. My plan is to say I had to defend myself. I want to call my lawyer before I say more. No matter what you say your going to jail. So no reason to say anything. And yes, I believe a cop would say "you will be released once I finish my report" to get you talking. To make brownie points they will try to find a way to put a crime on you. Lie to you unabashedly. I really hope I am never put in that position just because thats where a lot of work is.
Posted By: Trapper7

Re: States that impose you have a duty to retreat - 03/03/24 11:25 PM

Originally Posted by danny clifton
2bit, some states you might be better off to let the outlaw shoot you.

That would be Minnesota for one. They usual side with the criminals when a cop is involved.
Posted By: thgreenwing

Re: States that impose you have a duty to retreat - 03/04/24 01:44 AM


.[/quote]That would be Minnesota for one. They usual side with the criminals when a cop is involved. [/quote]


You got that right!
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