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Thread: New "stand your ground" law question

  1. #1
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    I had read that KY passed a "stand your ground" law. Is it only applicable in your home/vehicle/business, or is it like Florida anny where you have a right to be? For example if you were walking and someone pulled kinfe and stated "this is a robbery", would you have to retreat (run)?

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    From the case of Gibson v Commonwealth 1931 comes the quote, "It is the tradition that a Kentuckian never runs....He does not have to"....

    It then goes on to say that he is perfectly entitled to stand his ground, and meet force with force, in self-defence.

    The recent bill passed into law here in the Commonwealth seems to formalise that which has long been understood in Kentucky.

    It seems to me , from the foregoing, that ones location is of no importance. A prudent man might try to retreat initially, since the best fights are undoubtedly those that are avoided. However if further retreat is impossible, then blaze away-you're a daisy if you do! Please be aware, however, that IANAL. Hope this helps.Check out the kc3 website for good info on this topic. BTW, welcome to OCDO, Sir!

    TrueBrit.

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    TrueBrit wrote:
    From the case of Gibson v Commonwealth 1931 comes the quote, "It is the tradition that a Kentuckian never runs....He does not have to"....

    It then goes on to say that he is perfectly entitled to stand his ground, and meet force with force, in self-defence.

    The recent bill passed into law here in the Commonwealth seems to formalise that which has long been understood in Kentucky.

    It seems to me , from the foregoing, that ones location is of no importance. A prudent man might try to retreat initially, since the best fights are undoubtedly those that are avoided. However if further retreat is impossible, then blaze away-you're a daisy if you do! Please be aware, however, that IANAL. Hope this helps.Check out the kc3 website for good info on this topic. BTW, welcome to OCDO, Sir!

    TrueBrit.
    Further research seems to indicate that KRS 530-3 answers your question in the affirmative, Sir.

    TrueBrit.

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    NAA32 wrote:
    I had read that KY passed a "stand your ground" law. Is it only applicable in your home/vehicle/business, or is it like Florida anny where you have a right to be? For example if you were walking and someone pulled kinfe and stated "this is a robbery", would you have to retreat (run)?

    NO DUTY TO RETREAT- from KRS

    503.080 Protection of property.
    (1) The use of physical force by a defendant upon another person is justifiable when the
    defendant believes that such force is immediately necessary to prevent:
    (a) The commission of criminal trespass, robbery, burglary, or other felony
    involving the use of force, or under those circumstances permitted pursuant to
    KRS 503.055, in a dwelling, building or upon real property in his possession
    or in the possession of another person for whose protection he acts; or
    (b) Theft, criminal mischief, or any trespassory taking of tangible, movable
    property in his possession or in the possession of another person for whose
    protection he acts.
    (2) The use of deadly physical force by a defendant upon another person is justifiable
    under subsection (1) only when the defendant believes that the person against whom
    such force is used is:
    (a) Attempting to dispossess him of his dwelling otherwise than under a claim of
    right to its possession; or
    (b) Committing or attempting to commit a burglary, robbery, or other felony
    involving the use of force, or under those circumstances permitted pursuant to
    KRS 503.055, of such dwelling; or
    (c) Committing or attempting to commit arson of a dwelling or other building in
    his possession.
    (3) A person does not have a duty to retreat if the person is in a place where he or she
    has a right to be
    .
    Effective: July 12, 2006
    History: Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. -- Created
    1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.


    Can't be prosecuted either:

    503.085 Justification and criminal and civil immunity for use of permitted force --
    Exceptions.
    (1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and
    503.080 is justified in using such force and is immune from criminal prosecution
    and civil action for the use of such force, unless the person against whom the force
    was used is a peace officer, as defined in KRS 446.010, who was acting in the
    performance of his or her official duties and the officer identified himself or herself
    in accordance with any applicable law, or the person using force knew or reasonably
    should have known that the person was a peace officer. As used in this subsection,
    the term "criminal prosecution" includes arresting, detaining in custody, and
    charging or prosecuting the defendant.

  5. #5
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    Seems like I misquoted the KRS number,and, good man, Teknoid,for putting us right and giving chapter and verse!

    TrueBrit.

  6. #6
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    I have found that with most of these 'stand your ground' type laws, you have to have good reason to believe or witness a forcible felony to be able to use it to your advantage.

  7. #7
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    TrueBrit wrote:
    Seems like I misquoted the KRS number,and, good man, Teknoid,for putting us right and giving chapter and verse!

    TrueBrit.
    www.handgunlaw.us is a handy tool. Links to all state laws and stautes. The way I read it, if you are someplace you have a right to be, you have no duty to retreat if confronted. I'd be VERY sure of myself before helping someone else though. One single misinterpretation of a situation could ruin your life.

    I took my CCDW class today and the instructor kinda stressed that last point.

  8. #8
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    teknoid wrote:
    TrueBrit wrote:
    Seems like I misquoted the KRS number,and, good man, Teknoid,for putting us right and giving chapter and verse!

    TrueBrit.
    http://www.handgunlaw.us is a handy tool. Links to all state laws and stautes. The way I read it, if you are someplace you have a right to be, you have no duty to retreat if confronted. I'd be VERY sure of myself before helping someone else though. One single misinterpretation of a situation could ruin your life.

    I took my CCDW class today and the instructor kinda stressed that last point.
    Congratulations on taking the class, hopefully the CDWL should arrive soon! Lucky feller, I think that with a permit issued after July 12 2006 you can bypass the NICS check when buying guns from a FFL dealer. Good job! Also, with the CDWL, you can now "go both ways", so to speak.

    TrueBrit.

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