Ask the Right Question Regarding the Use of Force

The number of violent confrontations that transpire, which could easily be avoided, within the Continental United States each year is significant.  I often hear people ask, “when can I shoot?”  This is, entirely, the wrong question.  Rather, those new to self-defense and concealed carry should be educating themselves to answer the question, “when must I shoot?”  These are two different questions.  The “when can I” attitude sets the option for using force as the default, whereas the “when must I” mentality sets it as the last resort. 

Now, there are, indeed, a growing number of malicious prosecutions happening, as progressive District Attorneys throughout the nation do their best to protect repeat violent offenders, while simultaneously ruin the lives of those who use legitimate and legal force in self-defense.  This alone is reason enough to try and avoid ever getting into a use of force.  However, even beyond the threat to yourself from the legal system, do not lose sight of the fact that using force in defense of self or other innocent parties is, indeed, a legal and ethical last resort.  If you have the option to leave the situation, why would you stay and participate in the escalation?

While I am dismayed to see the progressive attack on self-defense in large, urban, blue areas throughout the country, I am also dismayed by the ignorance held by most concealed carriers.  While malicious prosecutions do happen, and the locations in which they happen tend to be predictable, it appears that most incidents in which a self-defender gets jacked up in the legal system is a result of poor decision making and ignorance of the law. 

A perfect example of this is the debate over “Stand your Ground” laws.  A majority of states actually have this legal tenant in place.  My question to the average concealed carrier is, why should it matter whether your state has Stand your Ground law or not?  States that have Duty to Retreat laws in place require the self-defender to retreat from violence, only if possible to do so safely, before resorting to lethal force.  Ask yourself, if you can retreat from a situation before it becomes necessary to use force, under what circumstances would you possibly want to choose to hang around?

Stand your Ground laws are a good thing because they provide an added legal advantage to the self-defender as, once again, malicious prosecutors can make arguments questioning why the defender did not “just retreat” even if retreating safely in the moment was not feasible.  However, if dealing with a situation that is rapidly turning violent, why would you not walk away from it if, indeed, possible?  Remember that Duty to Retreat specifies it is obligatory only if you can do so safely. 

What if you are defending another party, like the clerk of the store who is about to be killed by an armed robber?  Well, if the clerk cannot safely retreat, then you, as the defender of an innocent party, are not required to retreat.  Such circumstances tend to be rather clear from a legal perspective.  Defending one’s self or others from imminent violence, which an armed robbery certainly constitutes, is fairly clear cut.  It tends to be heated arguments, road rage, and the like, that turn into confrontations that could be avoided if the self-defender would simply walk away. 

To borrow a quote from excellent firearms and self-defense instructor John Murphy, “gun on, ego off.”  That sums it up.  Always retreat if it is safe to do so, no matter the legalities of your state as they pertain to Stand your Ground or Duty to Retreat. 

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