The basic principle of the castle doctrine is that to protect themselves against an intruder in their own homes, people have the right to use reasonable force, including deadly force. Some states have given this the nickname “the Make My Day” law, named for “Dirty” Harry Calahan, played by Clint Eastwood, in the movie “Sudden Impact”.
Many states have enacted and expanded this doctrine with additional principles, which created the similar “stand your ground” law, which allows individuals to use deadly force in public spaces under certain circumstances, even if they have the option to safely retreat. Each state has its own version and while similar, there are significant differences.
Stand your ground laws apply anywhere and permit the use of relative force to defend yourself reasonably anywhere you have a right to be while the Castle Doctrine applies to your home and allows the use of deadly force against intruders in your own home.
According to Giffords Law Center, a gun advocacy group, these laws diverge from the legal traditions in the United States, and in the case of stand-your-ground laws, increase the likelihood of avoidable violence and death. In states with weak gun control regulations, this is especially true if firearms are involved, which they often are. Florida is a good illustration of this where firearm homicide rose by 32% after the enactment of stand-your-ground laws in 2005. (Here is a look at the states with the least restrictive gun laws.)
24/7 Wall St. identified all states with a shoot-first law by using data from Gifford’s Law Center. Though policy details can vary slightly by jurisdiction, in each state listed here, citizens are generally not obligated to retreat, even if they can safely do so, if they or others are threatened with the possibility of death or serious bodily harm in a public place, and are legally protected to use force, even with a firearm, to prevent the commission of a forcible felony.
The majority of states have a castle doctrine in some form or another and most states on this list allow residents to carry concealed firearms in most public spaces without a permit, which substantially increases the risk of otherwise avoidable, deadly violence. Nine of the ten states with the highest firearm mortality rates are on this list, according to 2021 data from the Centers for Disease Control and Prevention. (These are the states where gun deaths are increasing fastest.)
Here are all states with a shoot-first law.
Alabama
Alabama allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Alaska
Alaska allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Arizona
Arizona allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Arkansas
Arkansas allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Florida
Florida prohibits the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Georgia
Georgia allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Idaho
Idaho allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Indiana
Indiana requires a permit for the open carry of handguns but allows the open carry of long guns. It has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Iowa
Iowa allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Kansas
Kansas allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Kentucky
Kentucky allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Louisiana
Louisiana allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal for residents with military service only to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Michigan
Michigan allows the open carry of handguns and long guns and has a concealed carry law that makes it illegal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Mississippi
Mississippi allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Missouri
Missouri allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Montana
Montana allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Nevada
Nevada allows the open carry of handguns and long guns and has a concealed carry law that makes it illegal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
New Hampshire
New Hampshire allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
North Carolina
North Carolina allows the open carry of handguns and long guns and has a concealed carry law that makes it illegal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
North Dakota
North Dakota allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Ohio
Ohio allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Oklahoma
Oklahoma allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Pennsylvania
Pennsylvania allows the open carry of handguns and long guns and has a concealed carry law that makes it illegal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
South Carolina
South Carolina requires a permit for the open carry of handguns but allows the open carry of long guns. It has a concealed carry law that makes it illegal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
South Dakota
South Dakota allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Tennessee
Tennessee allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Texas
Texas allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Utah
Utah allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
West Virginia
West Virginia allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Wyoming
Wyoming allows the open carry of handguns and long guns and has a permitless concealed carry law that makes it legal to carry a weapon in public places without a permit. The state gives people no obligation to retreat from dangerous confrontations in public.
Methodology
24/7 Wall St. reviewed state-level laws compiled by Gifford’s Law Center, a gun control advocacy group to identify the states with shoot-first laws. So-called “stand your ground” laws remove the obligation of citizens to retreat, when possible, if they or others are threatened with the possibility of death or serious bodily harm in a public place, and are legally protected to use force to prevent the commission of a forcible felony, even with a firearm.
All states listed here are arranged in alphabetical order and have stand-your-ground laws, also commonly known as shoot-first laws. The eight states with stand-your-ground protections decided by legal precedent were not included on the list because any person or persons who use deadly force to protect themselves or others in public when retreat was possible can still be subject to criminal prosecution.
Supplemental data on open and concealed carry firearm laws in each state are also from the Giffords Law Center. Open carry of firearms is generally defined as wielding a firearm that is either partially or fully visible, though precise definitions can vary by jurisdiction and different rules can apply for different firearm types, such as handguns, or long guns, like rifles and shotguns. Also reviewed was state-level firearm mortality data from the Centers for Disease Control and Prevention for 2021.
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