When ‘Stand Your Ground’ Doesn’t Apply

By Tom Knighton

Pretty much everyone who reads Bearing Arms on a regular basis is a fan of Stand Your Ground laws. The idea that there’s a duty to retreat from an attacker is idiotic, especially when you consider that doing so may well create more of a risk to life and limb.

However, it’s important to remember what Stand Your Ground laws don’t cover. For example, this case:

On scene, officers found a man inside a vehicle suffering from gunshot wounds, with the owner of the vehicle nearby, according to North Charleston Police Dept. spokesperson Spencer Pryor.

The owner told police he learned his allegedly stolen vehicle was in the area, and went to Celestial Court to confront the person who was found shot in the vehicle.

Police say the vehicle’s owner fired a gun at the person he found inside his vehicle. That individual later died from injuries he suffered in the shooting, police say.

Now, based on what we’re seeing here in the news–which doesn’t necessarily tell the whole story–this is probably not a viable example of stand your ground laws in use. There doesn’t appear to be any risk to anyone’s life. While it’s not uncommon for burglars to murder people, it’s not that common for car thieves to do so.

Without a specific threatening action with some kind of weapon, it seems hard to say this is a justified use of lethal force.

Another example that’s a little trickier:

Weiss claims that a male passenger got out of the vehicle and became aggressive. At that point, Weiss told police he returned to his Subaru and retrieved his phone and a handgun. Weiss said the Cavalier moved to the south side of 31st St. NE before the driver, Rahim, got out of the vehicle and became confrontational.

According to a passenger in Click to see the original article