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Stand Your Ground

Litigation Highlight: Guns & Speech

Posted by on May 7, 2021

Last week the Supreme Court held oral argument in a case concerning how the free speech rights of public school students interact with school officials’ authority. The Court’s ruling in that case could have implications for a lawsuit working its way through federal court in Wisconsin. On Monday, a district judge in the U.S. District […]

Scholarship Highlight – Recent Articles on Gun Rights and Regulation

Posted by on May 6, 2021

Today we’re highlighting several articles that were recently published or were recently uploaded to Westlaw. In keeping with past trends, there are both arguments that put forward an expanded notion of gun rights and those with a narrower view. Rene Perez, From Threat to Victim: Why Stand Your Ground Laws Are Inherently Prejudiced and Do […]

Cert Petition Highlight: The Fundamentality of a Self-Defense Exception

Posted by on March 24, 2021

In a really interesting cert petition filed last week, the petitioner challenges a state court’s refusal to give a jury instruction on self-defense as violating federal law. In Keahey v. Marquis, this question involves the interplay between the Antiterrorism and Effective Death Penalty Act, which governs (among other things) arguments that a prisoner’s rights were […]

New Meta-Analysis of Studies About Stand-Your-Ground Laws

Posted by on March 17, 2021

A new article out last week analyzes 25 prior empirical studies that examine the effects of stand-your-ground laws on population health outcomes. In Effects of Laws Expanding Civilian Rights to Use Deadly Force in Self-Defense on Violence and Crime: A Systematic Review, Alexa Yakubovich and co-authors conclude that the evidence shows these laws have not […]

A Proposal to Radically Expand Florida’s Stand-Your-Ground Law

Posted by on November 20, 2020

Florida set off the modern wave of stand-your-ground laws in 2005. Its law not only provides that an individual need not retreat before resorting to deadly force in any place he has a right to be, but also grants civil immunity and immunity from arrest, prosecution, and charging to a person who kills in self-defense. […]

The Political Imperative to Self-Defend

Posted by on August 6, 2020

[Ed. note: This guest blog post is part of the Center’s Mini-Symposium on papers presented at the 2020 Firearms Law Works-in-Progress Workshop.] Does inter-personal self-defense necessarily implicate the political order under which it is exercised? Many moral philosophers, as well as many gun rights advocates, argue in the negative. The justification for a defensive act against […]

When Stand Your Ground Meets Blue Lives Matter

Posted by on May 22, 2020

What happens when the person you “stand your ground” against turns out to be a police officer trying to do his job? On August 20, 2015, John Derossett engaged in a forty-round gunfight with plainclothes deputies of the Brevard Sheriff’s Office.  They were attempting to arrest Derossett’s adult niece for prostitution following an undercover sting […]