One of the best examples illustrating the National Rifle Association’s contempt for democratic institutions like the rule of law is its advocacy for “Shoot First” laws (also known as “Stand Your Ground” or “Castle Doctrine” laws).
“Whenever any American’s life is taken by another American unnecessarily – whether it is done in the name of the law or in the defiance of the law, by one man or a gang, in cold blood or in passion, in an attack of violence or in response to violence… the whole nation is degraded.
– Robert F. Kennedy, “On the Mindless Menace of Violence,” April 1968
Shoot First laws expand the right to use deadly force in self-defense beyond the home and eliminate a person’s duty to retreat before resorting to use of such deadly force. Florida’s version of the law states that “a person who is not engaged in an unlawful activity and who is attacked in any ¦place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force,
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| Unarmed Floridian Jason Rosenbloom was shot twice by a neighbor over a dispute concerning garbage collection. No charges were filed in the case. |
if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.” This holds true even if an individual could have avoided the threat or situation by other means. Furthermore, the law provides immunity from both criminal prosecution and civil litigation to those using deadly force in the manner described.
Before the advent of Shoot First laws, if an individual was being attacked or someone was breaking into their home, that person was permitted to use as much force as was being used against them. This included a right to self-defense with a firearm. The gun lobby provided almost no evidence-anecdotal or otherwise-that victims of forcible felonies were being unduly prosecuted, or punished through civil litigation, for such conduct. Nonetheless, “Shoot first” laws now allow victims to use deadly force as a first resort.
Leaving aside the public safety issues associated with encouraging untrained civilians to confront criminals with deadly force, the Shoot First statute is a naked assault on the rule of law, because it divests police and the courts of the power to settle disputes, substituting a bystander or crime victim’s judgment for trial by jury and the presumption of innocence. This may increase freedom in the sense that it removes the threat of legal sanctions when a vigilante decides to shoot someone they think is a criminal, but it diminishes the rights of the person (innocent or guilty) who gets shot.
Approximately 15 states have now adopted “Shoot First” laws similar to Florida’s. Stories of Americans being shot needlessly-and legally-now regularly appear in newspapers across the country.
| Resources for Advocates |
- University of Miami Law Review article: Florida s Stand Your Ground Law: The Actual Effects and the Need for Clarification
- “Shoot First Law” Website
- Read the text of Florida’s Shoot First statute