HB 1498 - Expands "Stand Your Ground" Laws - North Dakota Key Vote

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Title: Expands "Stand Your Ground" Laws

Vote Smart's Synopsis:

Vote to pass a bill that expands "stand your ground" laws.

Highlights:

  • Specifies that use of deadly force shall be justified in the following circumstances, including (Sec. 2):

    • When expressly authorized by law or occurs in the lawful conduct of war; or

    • When used in lawful self-defense, or in the lawful defense of others from the commission of a felony involving violence, serious bodily injury or death.

  • Specifies that the use of deadly force is not justified if it can be avoided, with the safety to the actors and others, by retreat or other conduct involving minimal interference with the freedom of the individual menaced (Sec. 2).

  • Specifies that the duty to retreat shall not apply under the following circumstances, including (Sec. 2):

    • A public servant justified in using force in the performance of their duties or an individual justified in using force in assisting the public servant’s duties in protection of themselves or others; or

    • An individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used and is not in any place the individual is not legally allowed to be.

  • Authorizes any individual to brandish a dangerous weapon while on property owned or leased by the individual (Sec. 4).

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