Delaware does not have a stand-your-ground law. Instead, the state follows a duty to retreat doctrine when it comes to self-defense situations outside the home. This approach differs from the 38 states that have enacted stand-your-ground laws, which remove the duty to retreat before using deadly force in self-defense.
Delaware’s Self-Defense Laws
Delaware’s self-defense laws are more restrictive compared to states with stand-your-ground provisions. The key aspects of Delaware’s approach to self-defense include:
Duty to Retreat
Delaware law explicitly imposes a duty to retreat before resorting to deadly force outside the home5. This means that if a person can safely avoid using lethal force by retreating from a dangerous situation, they are legally obligated to do so.
Castle Doctrine
While Delaware does not have a formal “Castle Law,” it does recognize the Castle Doctrine principle. This doctrine allows individuals to use force, including deadly force, to defend themselves in their homes without the duty to retreat. The Castle Doctrine is based on the idea that a person’s home is their “castle” and they have the right to protect it.
Use of Force Justification
Delaware Code Title 11, Section 464 states that the use of force upon or toward another person is justifiable when the defendant reasonably believes that such force is immediately necessary for self-defense. This provision sets the standard for when force can be legally used in self-defense situations.
Comparison to Stand-Your-Ground Laws
Stand-your-ground laws, which Delaware has not adopted, typically have the following characteristics:
- No duty to retreat: These laws remove the obligation to retreat from a dangerous situation before using deadly force.
- Expanded self-defense rights: They allow individuals to use deadly force in public spaces when they reasonably believe it is necessary to prevent imminent death or serious bodily harm.
- Immunity from prosecution: In some states with stand-your-ground laws, individuals who use force in self-defense may be immune from criminal prosecution.
Implications of Delaware’s Approach
Delaware’s adherence to the duty to retreat doctrine has several implications:
- Legal obligations: Individuals in Delaware must attempt to retreat from dangerous situations outside their homes if it is safe to do so before using deadly force.
- Higher threshold for self-defense: The duty to retreat may make it more challenging to claim self-defense in court compared to states with stand-your-ground laws.
- Emphasis on de-escalation: The law encourages individuals to avoid confrontations and seek peaceful resolutions when possible.
Firearms and Self-Defense in Delaware
While Delaware does not have a stand-your-ground law, it does have provisions related to firearms and self-defense:
- Right to bear arms: The Delaware Constitution recognizes the right to keep and bear arms for self-defense, family defense, and other lawful purposes.
- Concealed carry: Delaware requires a permit for concealed carry of firearms, which includes mandatory training.
- Prohibited persons: Delaware law prohibits certain individuals from possessing firearms, including those convicted of violent crimes and domestic abuse.
Delaware’s approach to self-defense, which includes a duty to retreat outside the home, stands in contrast to the stand-your-ground laws adopted by many other states.
This policy reflects a balance between the right to self-defense and the desire to prevent unnecessary escalation of violence.
While the state recognizes the Castle Doctrine for home defense, individuals in Delaware must be aware of their legal obligations to retreat when faced with threats in public spaces.
Sources:
- [1] https://en.wikipedia.org/wiki/Stand-your-ground_law
- [2] https://www.nraila.org/gun-laws/state-gun-laws/delaware/
- [3] https://gun-safety.com/delaware/delaware-castle-doctrine/
- [4] https://study.com/academy/lesson/stand-your-ground-duty-to-retreat-laws-definitions-examples.html
- [5] https://giffords.org/lawcenter/state-laws/stand-your-ground-in-delaware/
