Standing Your Ground Is A Constitutional Right
Our society has a serious problem when people are prosecuted for defending themselves in public. It’s even worse when a major network like ABC gives a platform to anti-gun activists who spread lies and rhetoric to attack our basic right to self-defense. This past weekend, ABC’s Martha Raddatz held a discussion with a Giffords Law Center attorney on “stand your ground” laws, and the so-called expert blatantly lied on air, claiming that these laws “upend centuries of common law on self-defense and allow people to carry guns outside of the home.” This is complete nonsense.
It’s outrageous that a law-abiding citizen should be required to exhaust all other options before defending themselves. “Duty to retreat” laws not only waste precious seconds but also embolden violent criminals and put more lives in danger. Fortunately, most states have “stand your ground” laws that allow citizens in public spaces to defend themselves without having to assess whether they can make a safe retreat before using deadly force. However, twelve states still treat the right to self-defense with more skepticism if it occurs outside on the street rather than in one’s own home. This is a serious matter and could be the next major Second Amendment question the Supreme Court will address.
The Second Amendment’s protections predate even the Bill of Rights and are based on the biblical right to defend oneself and others against harm. The 2008 case District of Columbia v. Heller affirmed the centrality of the “inherent” right of self-defense to the Second Amendment. Two years later, in McDonald v. City of Chicago, the Supreme Court further elaborated that “self-defense is a basic right” and “the central component” of the Second Amendment right. Recently, the Supreme Court reinforced the inherent right to self-defense in New York State Rifle and Pistol Association v. Bruen, which cemented the right of citizens to carry arms for self-defense in public.
It’s a disgrace that people like Kyle Rittenhouse and bodega workers have faced aggressive prosecution merely for defending themselves in public because of “duty to retreat” statutes. Shame on Martha Raddatz for failing to call out the complete and utter lies from the Giffords anti-gun activist. Allowing her to present a completely false historical analysis of the inherent right to self-defense on a national stage was gross malpractice. With the recent resurgence in federal protections for Second Amendment rights, it’s high time to underscore that there is indeed a constitutional right to stand one’s ground — a protection that applies to situations in one’s home and in public.
