Utah's Stand Your Ground

 Current Law: 76-2-402 in Utah’s Code

1. A person has the right to use force when it is “reasonably believed” to be “necessary.”

2.  They do not have the duty to retreat when they have “lawfully entered or remained” in a location.

3.  They do not have the right to to force they are involved in “combat by agreement,” provokes force from another, or are committing a felony.

 

The Legislature’s Failed Amendment: H.B 259

1. “clarifies” that one does not have duty to retreat

2. States that “whether a person who did not retreat from an aggressor acted reasonably is not relevant in a trial on the issue of self-defense”

3. Establishes a “person does not have a duty to retreat from the force …even if safety could be achieved by retreating”

 

Florida’s Stand Your Ground Disaster

·  Florida’s homicide rate rose 24% and their firearm homicide rate 31.6% following the 2005 implementation of the law

·  Florida’s law, like Utah’s proposed amendment, was a “clarifying” provision

·  Homicide rates in states with the law rose an average of 8% following its implementation