Bleg: Has anyone actually repealed a misnamed “stand your ground” law?
Someone asked me this today. I cannot think of a single case of that and neither can Google. Anyone know of one?
6 Responses to “Bleg: Has anyone actually repealed a misnamed “stand your ground” law?”
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September 5th, 2013 at 9:24 pm
None that I have been able to find and doubtful when you have 2 SCOTUS decisions in favor of SYG.
September 5th, 2013 at 9:30 pm
Legislatively? No.
The Massachusetts Supreme Court, in a really messed up case, temporarily repealed the Castle Doctrine (no retreat in the home).
September 5th, 2013 at 10:05 pm
Can’t say I know of one, some legislators in New Hampshire tried this past summer, but it failed in the state senate. I think there’s also a bill pending in Florida that would repeal their SYG law.
September 5th, 2013 at 10:15 pm
with 70% of Floridians in favor of SYG, Marion Hammer and a heavy Republican legislature, the bill has no chance to even make it out of the offices printer.
September 6th, 2013 at 9:10 am
Maryland actually quietly passed a Castle Doctrine law a few years back. To protect homeowners and not require them to retreat or be easily sued by popped prowlers that busted in in the wee hours.
September 6th, 2013 at 12:13 pm
Texas goes so far as to distinguish between daylight and night-time burglary. Those entering homes after sunset illegally are under law presumed to present a threat of harm to occupants, because the burglars knowingly have entered a residence that is presumably occupied.
Still, there have been several cases over the years of drunks entering the wrong apartment or home and then being calmly held for arrest rather than immediately shot to pieces, which speaks well of Texans’ hospitality and tolerant understanding of others’ problems.