AR- Duty to Flee??

AR- Duty to Flee??

This is a discussion on AR- Duty to Flee?? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I took my course, got my license, etc. Heard an Atty friend (new CCr) of mine inform a visiting reciprical CCer that AR had a ...

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Thread: AR- Duty to Flee??

  1. #1
    Member Array Ash4Hogs's Avatar
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    AR- Duty to Flee??

    I took my course, got my license, etc. Heard an Atty friend (new CCr) of mine inform a visiting reciprical CCer that AR had a duty to flee (or some such.) I know we don't have a "Stand your Ground" statute. But do I have a duty to flee? Or do I have the right to defend my self if I feel my life, or others life or well being is grossly threatened?

    I've reread the AR statute and come to the conclusion that the "threatened or life threat" seems to be the trigger in self defense in AR. But I'm not an atty/LEO etc..

    Who's got a better handle on the requirements? Thanks

    A4H


  2. #2
    Member Array Sandbagger's Avatar
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    It is my understanding that if you can flee without jeopardizing your saftey then you are to do so. the exception is in your home.

    IMO it becomes realistic to flee if you are able to flee from non firearm force.
    Glock 36, 20, 30, 29, PX4 Storm SC 9mm, Colt Delta Elite, Colt Agent, Sig C3, Kimber CDP 2, Firestar 40

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    Ex Member Array BikerRN's Avatar
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    Even if you don't have a duty to flee, it is often the better course of action IMHO, as "there are no winners in a gunfight only survivors."

    Biker

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    Quote Originally Posted by BikerRN View Post
    Even if you don't have a duty to flee, it is often the better course of action IMHO, as "there are no winners in a gunfight only survivors."

    Biker

    And often, much 'poorer' survivors.
    Fortune favors the bold.

    Freedom doesn't mean safe, it means free.

    The thing about "defense" is that it has practically nothing to do with guns. (As passed on by CCW9MM)

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    You may want to get the book, In The Gravest Extreme by Massad Ayoob. He does a good job on the role of the firearm in personal protection. Just got my copy from Amazon. He covers the situation you inquired about. In most states you have a duty retreat, withdraw and avoid, if possible. There are a few "stand your ground states" but yours is not one of them.
    Last edited by Kahrdoor; January 27th, 2010 at 02:27 PM. Reason: left out two words.

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    In Florida we do not have to retreat, but the wise action is to if a threat to life can be avoided. Using deadly force should be a last resort, especially if you have the opportunity to avoid the situation to begin with.

    You home, your car, or anywhere you have the legal right to be, no retreat is required. But that's in FL.
    Retired USAF E-8. Lighten up and enjoy life because:
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    Member Array Ash4Hogs's Avatar
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    "Duty to retreat" That was the legalize phrase I needed. I agree with all of you that it would be prudent, smart, and a damn good idea to retreat if possible to do so safely. I just get nervous when terms like duty get tossed around.

    What some words mean to you and me may not mean the exact same thing in the legal world. Thanks for all the response, and continued response--if any.

    A4H

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    VIP Member Array JerryM's Avatar
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    Quote Originally Posted by Kahrdoor View Post
    You may want to get the book, In The Gravest Extreme by Massad Ayoob. He does a good job on the role of the firearm in personal protection. Just got my copy from Amazon. He covers the situation you inquired about. In most states you have a duty retreat, withdraw and avoid, if possible. There are a few "stand your ground states" but yours is not one of them.
    Not a fan of Ayoob, but when I got my CHL many years ago it was the first book I got. It is still the best, and I would recommend everyone who carries read it.

    It will always be better to safely retreat than to get into a shooting. Some of us cannot retreat if it requires running more than a few yards.

    I remember that one well known instructor and writer made a statement that he advised all his students to use the Nike principle. When asked what that was he would reply, "Run like H."
    That is good advice.

    Regards,
    Jerry

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    Quote Originally Posted by Ash4Hogs View Post
    I took my course, got my license, etc. Heard an Atty friend (new CCr) of mine inform a visiting reciprical CCer that AR had a duty to flee (or some such.) I know we don't have a "Stand your Ground" statute. But do I have a duty to flee? Or do I have the right to defend my self if I feel my life, or others life or well being is grossly threatened?

    I've reread the AR statute and come to the conclusion that the "threatened or life threat" seems to be the trigger in self defense in AR. But I'm not an atty/LEO etc..

    Who's got a better handle on the requirements? Thanks

    A4H
    If you can flee in complete safety, you are required to do so. This does not apply in ones home.

    Sometimes, there is no way that you can flee in complete safety and you gotta do what you gotta do.

    You must fear for your life. Satisfy those requirements and you are good to go.

    You can shoot in defense of a third person if you believe that their life is in immediate danger.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Quote Originally Posted by BikerRN View Post
    Even if you don't have a duty to flee, it is often the better course of action IMHO, as "there are no winners in a gunfight only survivors."

    Biker
    +1
    "The Second Amendment: America's Original Homeland Security"

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    VIP Member Array Eagleks's Avatar
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    I disagree in the wording used by legislatures. I will try to avoid, exit, or leave a situation, but I don't retreat well. Retreat to me means under fire...... if I"m under fire, I"m getting cover and stopping the threat.

    We have a "right to stand our ground" in the law.

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    Quote Originally Posted by JerryM View Post
    Some of us cannot retreat if it requires running more than a few yards.
    You betcha. These old knees can't retreat anymore. They can walk away slowly, but the Nike days are over.
    Retired USAF E-8. Lighten up and enjoy life because:
    Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid... "For What It's Worth" Buffalo Springfield

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    Distinguished Member Array Guardian's Avatar
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    I'm glad I live in Texas. Though, I do agree with most here, if I can find suitable cover and stay out of harms way, I'll take that route if myself or my family or a 3rd party will not suffer for it.
    "I dislike death, however, there are some things I dislike more than death. Therefore, there are times when I will not avoid danger" Mencius"

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    Senior Member Array Jmac00's Avatar
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    Quote Originally Posted by Eagleks View Post
    I disagree in the wording used by legislatures. I will try to avoid, exit, or leave a situation, but I don't retreat well. Retreat to me means under fire...... if I"m under fire, I"m getting cover and stopping the threat.

    We have a "right to stand our ground" in the law.
    Not in NYS, your first "duty" is to retreat, flee, runaway. If you have nowhere to go (cornered) then you can defend yourself or others.

    Your still going to go broke in civil court, but you'll be alive
    HAPPY NEW YEAR
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    Best defense in a self -defense shooting that you shouldnt have to retreat is "I rather be judged by 12 then carried by six"

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