![]() Today, the NRA and ALEC have successfully promoted Shoot First legislation and seen it passed into law in 29 states. 4 Calvin Sloan, “ALEC: The Hidden Player Behind ‘Stand Your Ground’ Laws,” People For the American Way, March 21, 2012, Chris Brown, “Marion Hammer: The NRA Lobbyist Behind Florida’s Stand Your Ground Legislation,” Media Matters for America, March 22, 2012. Later, the American Legislative Exchange Council (ALEC), backed by the gun lobby, adopted Florida’s legislation as a model for extending the reach of the law. 3 Giffords Law Center and SPLC Action Fund, “‘Stand Your Ground’ Kills: How These NRA-Backed Laws Promote Racist Violence,” July 2020. The distortion of self-defense law in the United States began in 2005 when the National Rifle Association (NRA) helped draft and pass Shoot First legislation in Florida in an attempt to make the purchase and use of guns more attractive. Shoot First laws, also known as Stand Your Ground laws, distort the public perception of lawful self-defense and encourage people to shoot first and ask questions later. In this way, traditional self-defense law respects both a person’s right to defend themself and the value of human life. These laws only require a person to de-escalate a situation if there is a clear and safe way to do so they do not require a person to attempt to de-escalate if doing so would put them in danger. Traditional self-defense law already gives people the right to protect themselves. In addition to these legal mechanisms, these laws distort the public perception of lawful self-defense and encourage people to shoot first and ask questions later. Shoot First laws are often misrepresented as simple adjustments or codification of common law, but in reality, they aggressively alter criminal procedure in a way that makes it difficult for a person who invokes the law to be arrested, prosecuted, or convicted for using deadly force. Birmingham, Ry., Light & Power Co., 64 So. 2 Francis Wharton, A Treatise on the Law of Homicide in the United States (Philadelphia: Kay and Brother, 1855) Allen v. When they are outside their home, however, they cannot use force that is likely to kill or seriously injure someone if there is a safe way to avoid it. Under traditional self-defense law, a person can use force to defend themself anywhere and at any time. Shoot First laws allow a person to kill another person in a public area, even when they could have clearly and safely de-escalated the confrontation by retreating, upending traditional self-defense law. Introduction Shoot First laws allow a person to use deadly force in a confrontation without any duty to retreat, even when they can do so safely. 1 Leah Caldwell, “When Hatred Collides With Texas’ Stand Your Ground Law,” Texas Observer, January 4, 2016. Months later, a Harris County grand jury declined to indict the shooter for murder after he invoked the Shoot First law. ![]() He was shot by the other driver within seconds. ![]() ![]() The other driver yelled, “Go back to Islam.” The husband opened his door and stepped out of the car. The person in the other car pulled up alongside the couple, and both parties rolled down their windows. In light of the evidence, it is imperative for lawmakers to reject Shoot First proposals and states with Shoot First laws should repeal this dangerous law.Ī couple was driving to a Houston mosque during Ramadan when they nearly collided with another car. Convictions in Shoot First cases have also skewed unfairly against people of color, with particular bias observed against Black people. Individuals who invoke these laws often have violent criminal histories, and despite initiating altercations, are eventually absolved of responsibility for taking a life. The extensive body of scholarship on Shoot First laws has demonstrated that these laws are associated with increases in firearm homicides. Shoot First laws are inherently dangerous because they change the nature of gun violence in a state by encouraging escalations of violence and, according to research, do nothing to deter overall crime. Shoot First laws, also known as Stand Your Ground laws, give people a license to kill, allowing those who shoot others to obtain immunity, even if they started the confrontation and even when they can safely de-escalate the situation by walking away. ![]()
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