The Volokh Conspiracy

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Stand Your Ground on Track to Adoption in North Dakota


The N.D. House passed it 77-16, and today the Senate passed it 35-10, though with some changes that the House will have to consider. [UPDATE, 4/10/21: Yesterday, the House concurred in the changes by a 78-10 vote.] If it passes, this will leave only 12 states as duty-to-retreat states:

  • Eastern Seaboard: MD, DE, NJ, NY, CT, RI, MA, ME.
  • Midwest: WI, MN, NE.
  • West: HI.

Pennsylvania does impose a duty to retreat when you're faced with an attacker who is not displaying or using a weapon "readily or apparently capable of lethal use"; but since most threats of death or serious bodily injury tend to come from people who have such weapons, or are physically restraining you in a way that prevents a safe retreat, I view the Pennsylvania rule as being more on the stand-your-ground side.

For more on what all this means, see this post.