Holder: Time to Question "Stand Your Ground" Laws

By:  Bob Adelmann
Holder: Time to Question "Stand Your Ground" Laws

Attorney General Eric Holder questioned the legitimacy of "stand your ground" laws that 25 states have adopted, claiming they "sow dangerous conflict." This directly contradicts Supreme Court precedents since the 1890s.

When Attorney General Eric Holder (shown in photo) told his audience at the NAACP’s annual convention on Tuesday, “It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods,” he was either ignorant of, or didn't want to consider, the precedents the Supreme Court has used for nearly 100 years to defend the “stand your ground” laws to which he was referring. Twenty-five states have adopted some form of those laws, including the State of Florida. Simply stated, those laws provide that an individual may be justified in using deadly force to defend himself against an unlawful threat without an obligation to retreat first.

In the Zimmerman case just concluded, Florida's "stand your ground" law was never considered, as Zimmerman had no option of retreat. But Holder used that case nevertheless to open a discussion that has been largely closed for decades.

Back in 2000, Second Amendment scholar and Research Director of the Independence Institute David Kopel published his analysis of a dozen self-defense cases brought before the Supreme Court in the 1890s. These cases laid the legal groundwork for a decision in 1921 that “became the most important armed self-defense case in American legal history, upholding and extending the right to armed self-defense,” according to Kopel. Calling them “The Self-Defense Cases,” Kopel examined each of them in turn, including the primary case — Beard v. United States — which led inevitably and directly to the 1921 decision, Brown v. United States, that has served as the touchstone that Holder now wants to “question.”

The opinion in the 1895 Beard case was succinct:

A man assailed on his own grounds, without provocation, by a person armed with a deadly weapon and apparently seeking his life is not obliged to retreat, but may stand his ground and defend himself with such means as are within his control; and so long as there is no intent on his part to kill his antagonist, and no purpose of doing anything beyond what is necessary to save his own life, is not guilty of murder or manslaughter if death results to his antagonist from a blow given him under such circumstances. [Emphasis added.]

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Photo of Attorney General Eric Holder at NAACP convention in Orlando, Fla.: AP Images

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