North Dakota’s Stand Your Ground law, which went into effect on August 1, 2021, significantly changed the state’s self-defense regulations. This law removes the duty to retreat in certain circumstances and expands the situations where individuals can legally use force, including deadly force, in self-defense.
Key Aspects of North Dakota’s Stand Your Ground Law
-
Removal of Duty to Retreat: The law eliminates the requirement to retreat before using force in self-defense in most public spaces3.
-
Justification for Force: An individual is justified in using force upon another person to defend against danger of imminent unlawful bodily injury, sexual assault, or detention.
-
Reasonable Force: The law still maintains that “an individual is not justified in using more force than is necessary and appropriate under the circumstances”.
-
Location Requirements: The law applies to individuals who are not engaged in unlawful activity and are in a place where they have a legal right to be.
-
Presumption of Reasonable Fear: The law establishes a presumption of reasonable fear of imminent peril of death or serious bodily injury in certain situations, such as when someone is unlawfully and forcibly entering a dwelling or occupied vehicle.
Important Considerations
-
Civil Immunity: The law provides immunity from civil liability for using force, including lethal force, in accordance with the statute.
-
Limitations: The presumption of reasonable fear can be rebutted by proof beyond a reasonable doubt that the individual who used deadly force did not have a reasonable fear of imminent peril.
-
Public Servants: The law includes specific provisions for public servants authorized to effect arrests or prevent escapes.
Comparison to Other States
North Dakota’s Stand Your Ground law is similar to those in other states, such as Florida and Arizona, which also have statutory stand your ground rules1. However, each state’s law may have unique nuances and applications.
It’s important to note that while these laws expand self-defense rights, they remain controversial. A 2020 RAND Corporation review found supportive evidence that stand-your-ground laws are associated with increases in firearm homicides and moderate evidence that they increase the total number of homicides.
Source
1.https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
2. https://ndlegis.gov/cencode/t12-1c05.pdf
3. https://giffords.org/lawcenter/state-laws/stand-your-ground-in-north-dakota/
4. https://casetext.com/statute/north-dakota-century-code/title-121-criminal-code/chapter-121-05-justification-excuse-affirmative-defenses/section-121-05-03-self-defense
5. https://www.house.mn.gov/SessionDaily/Story/18532
