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Self-Defense Rights: Eliminating the Duty to Retreat in Federal Cases.

This Act establishes a federal "Stand Your Ground" rule, removing the legal requirement for citizens to retreat or flee before using force, including deadly force, in self-defense or defense of others. If you are lawfully present and facing an imminent serious crime (forcible felony), you are legally permitted to use necessary force without first proving you could not have safely escaped. This creates a new affirmative defense in federal criminal prosecutions, but the defendant bears the burden of proving they acted in self-defense.
Key points
No Duty to Retreat: Citizens are no longer required to attempt retreat before using force to defend against a serious crime.
Deadly Force Use: Deadly force is permissible if necessary to prevent death, serious bodily harm, or the imminent commission of a defined "forcible felony" (e.g., robbery, murder).
Legal Defense: Creates a new affirmative defense in federal criminal prosecutions, but the defendant bears the burden of proving they acted in self-defense.
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Status:
Expired
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Additional Information
Print number: 118_S_1445
Sponsor: Sen. Mullin, Markwayne [R-OK]
Process start date: 2023-05-04