While much press has been given to “Stand Your Ground” laws in Florida and other states, did you know that California is also a stand your ground state? A little over half the states have formally legislated stand your ground laws in one form or another. California, along with a few other states, have stand your ground laws established through case law precedent, rather than legislation. Altogether, 34 states, including California, allow a person to stand his/her ground in self-defense, no matter the setting. The remaining states allow stand your ground defense only if he or she is in his vehicle and/or home, while Vermont and Washington D.C. require a person to flee from a criminal assault of any kind and even if that is within their own home.
Stand your ground laws among states vary, but essential to all is the right of person to use force to defend him-or herself without first trying to flee. Hence the sobriquet “Stand Your Ground.”
Stacy was sitting in her kitchen feeding her toddler when suddenly her ex-husband, who was under court orders to stay awayfrom Stacy, their child, and Stacy’s home, comes banging through the front door. Wild-eyed and apparently on drugs, he started waiving a pistol at Stacy, telling her that he is going to kill her and the child. Stacy had feared this day and she kept a gun in the kitchen drawer. She was able to grab the gun and shot her ex-husband, fatally wounding him. It was later discovered that her ex-husband’s pistol was not loaded.