As gun owners, it’s important to understand that it’s your responsibility to know the law. No, you’re not expected to cite it verbatim, but you do need to be familiar with the laws related to self-defense and firearms in your area (or in any areas you intend to travel through or visit). One phrase that comes up regularly in the self-defense world is “duty to retreat.” If you’re wondering what the duty to retreat is and what it has to do with you, we’re here to help. We’re going to take a closer look at what duty to retreat means, why it matters, and what it does or doesn’t have to do with stand your ground.
Please note: This isn’t legal advice and doesn’t take the place of an attorney’s advice. This is simply information and should be taken as such.
What is duty to retreat?
Generally speaking, duty to retreat is a legal doctrine that refers to a person’s legal requirement to attempt to leave the scene of a potential attack rather than automatically acting in self-defense. This requirement typically states that the person must at least try to remove themselves from the scene, if at all possible, before responding to an imminent threat with force.
From a legal standpoint, and according to The Law Office of Hillel Traub, a duty to retreat is:
A duty to retreat means that whoever is being attacked can’t use deadly force or self-defense if it’s possible to leave the situation safely.
Traub’s law offices are in Maryland, which does have a duty to retreat law in place. More on that later.
Duty to retreat does not mean that you’re required to stand there and get assaulted, maimed, and potentially murdered. It’s a common misconception that a duty to retreat means you’re not legally allowed to defend yourself from a violent attack. In reality, it means you’re expected to attempt to leave the area if at all possible, and if you end up using force you’re probably going to need to prove it was necessary (that can be a bit more challenging than you might realize).
What states have a duty to retreat?
There are actually far fewer states with a duty to retreat law in place than many people think. In fact, it’s far more common for states to have stand-your-ground or some version of the Castle Doctrine. Now, because different states have varying titles for laws and regulations, it’s a little difficult to precisely list which states have a duty to retreat. At the time of this writing, around a dozen states have duty to retreat in effect, including the following states:
- Connecticut
- Delaware
- Hawaii
- Maine
- Maryland
- Nebraska
- New Jersey
- New Mexico
- New York
- North Dakota
- Rhode Island
- Vermont
- Virginia
- Wisconsin
This is not necessarily a current list and it’s important to understand that there are endless nuances in the laws. For example, Wisconsin just doesn’t have a stand your ground law but there also isn’t any statutory duty to retreat. In New York, the duty to retreat doesn’t apply within the person’s home. According to Super Lawyers in New York, this is a law that comes up with some frequency:
“We see deadly physical force [cases] all the time,” says Justine Olderman, managing director of the criminal defense practice with The Bronx Defenders. “The prosecutor will argue that our client could have retreated safely and didn’t do so, and we have to combat that. We have to argue, ‘No, it would’ve been unreasonable to expect somebody to retreat at that point.’”
And in Maryland, where Traub practices law, he states that:
Maryland’s Duty to Retreat law requires people who are not in their homes to retreat or avoid danger before using deadly force to defend themselves. A person who does use force on an attacker whom they believed would cause them serious harm would need to prove in court that his life was in real danger since the law requires you to try to find a safe way to escape a threat before fighting back.
What this comes down to is that if you live in an area where there’s a duty to retreat in place, or even just a lack of stand your ground, you are likely to find yourself having to prove you couldn’t get away and had no choice but to use force — up to and including lethal force.
Are there different versions of duty to retreat?
Yes, the specifics of duty to retreat vary by state. This is one of many reasons you need to take steps to familiarize yourself with the laws in not only your state of residence but any state you intend to travel through or visit. Claiming you didn’t know is never a valid legal defense.
What’s the difference between duty to retreat and stand your ground?
Stand your ground refers to a law that gives you the legal backing to not retreat but to use force to defend yourself from a credible, imminent threat. In some ways, it’s the opposite of duty to retreat, but it’s important to understand it’s not a magic shield, either. The threats in question must be credible and imminent, and the force you use to defend yourself must fit the ‘reasonable person’ standard.
With time, we’re seeing fewer states hanging onto their duty to retreat laws, but it seems unlikely they’ll ever go away entirely. If you live in a duty to retreat state, do yourself a favor and get to know the ins and outs of the law now instead of finding yourself in a jam later. Also, it’s a good idea to get concealed carry insurance of some sort. It’s well worth the cost of coverage to have an attorney available should the worst-case scenario take place.
