By Jueseppi B.
States with Stand Your Ground and Castle Doctrine Laws
“Stand Your Ground Law” different states my differ slightly in their interpretation of the law:
Stand-your-ground laws allow someone to use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. Generally, these laws require the person to (1) have a legal right to be at the location and (2) not be engaged in an unlawful activity.
State with Stand Your Ground Laws in Place:
- New Hampshire
Castle Doctrine Definition – again my differ slightly depending on each state:
The Castle Doctrine is a common law doctrine that designates a person’s abode (or, in some states, any place legally occupied, such as a car or place of work) as a place in which the person has certain protections and immunities and allows such a person in certain circumstances, to attack an intruder instead of retreating. Typically, deadly force is considered justified homicide only in cases when the actor reasonably feared imminent peril of death or serious bodily harm to oneself or another. The doctrine is not a defined law that can be invoked, but is a set of principles which is incorporated in some form in the law of most states. Forty-six states, including Connecticut, have incorporated the Castle Doctrine into law.
States with Castle Doctrine laws in place
- New Jersey
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
My advice to anyone of color is to avoid these states listed above unless you are armed legally and have a concealed carry permit.
Concealed carry, or CCW (carrying a concealed weapon), refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one’s person or in close proximity. Not all weapons that fall under CCW controls are lethal. For example, in Florida, carrying pepper spray in more than a specified volume (2 oz.) of chemical requires a CCW permit, whereas anyone may legally carry a smaller, so-called, “self-defense chemical spray” device hidden on their person without a CCW permit.
While there is no federal law specifically addressing the issuance of concealed carry permits, all 50 states have passed laws allowing citizens to carry certain concealed firearms in public, either without a permit or after obtaining a permit from local government and/or law enforcement. Illinois had been the last state without such a provision – but its long-standing ban on concealed weapons was overturned in a federal appeals court, on constitutional grounds. Illinois was required by the court to draft a concealed carry law by July 9, 2013 (including a 30-day extension) at which time the Illinois legislature, over-riding the amendatory veto of the governor who had sought to impose many restrictions, approved concealed carry to begin January 2014, at the latest.
The states give different terms for licenses or permits to carry a concealed firearm, such as a Concealed Handgun License/Permit (CHL/CHP), Concealed Carry Weapons (CCW), Concealed (Defensive/Deadly) Weapon Permit/License (CDWL/CWP/CWL), Concealed Carry Permit/License (CCP/CCL), License To Carry (Firearms) (LTC/LTCF), Carry of Concealed Deadly Weapon license (CCDW), Concealed Pistol License (CPL), etc. Thirteen states use a single permit to regulate the practices of both concealed and open carry of a handgun.
Some states publish statistics indicating how many residents hold permits to carry concealed weapons, and their demographics. For example, Florida has issued 2,031,106 licenses since adopting its law in 1987, and had 843,463 licensed permit holders as of July 31, 2011. Reported permit holders are predominantly male. Some states have reported the number of permit holders increasing over time. ”With hard numbers or estimates from all but three of the 49 states that have laws allowing for issuance of carry permits, the GAO reports that there were about 8 million active permits in the United States as of December 31, 2011. That’s about a million more than previous estimates by scholars.”
The number of permits revocations is typically small. The grounds for revocation in most states, other than expiration of a time-limited permit without renewal, is typically the commission of a gross misdemeanor or felony by the permit holder. While these crimes are often firearm-related (including unlawful carry), a 3-year study of Texas crime statistics immediately following passage of CHL legislation found that the most common crime committed by CHL holders that would be grounds for revocation was actually DUI, followed by unlawful carry and then aggravated assault. The same study concluded that Texas CHL holders were always less likely to commit any particular type of crime than the general population, and overall were 13 times less likely to commit any crime.
Regulations differ widely by state, with most states currently maintaining a “Shall-Issue” policy. As recently as the mid-’90s most states were No-Issue or May-Issue, but over the past 30 years states have consistently migrated to less restrictive alternatives. For detailed information on individual states’ permitting policies, see Gun laws in the United States by state.
State regulations relating to the issuance of concealed carry permits generally fall into four categories described as Unrestricted, Shall Issue, May issue and No Issue.
Among U.S.states, Alaska, Arizona, Arkansas, Vermont and Wyoming allow residents to carry a concealed firearm without a permit.
For a complete list of permit regulations state by state:
I suggest Black Americans take a page from our racist caucasian brethren and man up and arm up to defend our ground and the lives of our children.
It’s Stand YOUR Ground right now. It needs to be STAND OUR GROUND.
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