Gun Control & RKBA
In reply to the discussion: Here's what I think should happen in the realm of gun control. [View all]gejohnston
(17,502 posts)which is a use of force law, nothing to do with gun control. What about states that are SYG by common law, which includes California and Illinois? Most states, 33 in all, are SYG either by statute or common law (Georgia is actually both, they simply codified what was already common law for that state.) If a band were to go on tour and boycott all SYG states, their west coast tour would be only Hawaii and Wyoming. Wyoming's common law actually can go either way, but generally leans towards to duty to retreat. Given the small population and low violent crime rate, I don't think there is actually any precedence either way. I only know for certain that finding out first hand isn't on my bucket list.
Should they pass duty to retreat laws?
The only problem I see with SYG has been the misinformation by the media. I can't think of a real self defense case where SYG mattered, since the defender either could not retreat or tried to even if not legally required to. A Tampa area high school student who stabbed a bully and Gabriel Mobley, a Miami area African American guy who shot two white attackers.
There have been cases where the guy claimed SYG as some kind of magic phrase. Two Florida cases come to mind: Dunn, based on the trial evidence I saw, is going down for murder. Another was a false confessor in Tampa said she was "standing her ground" even though she wasn't there.