Where do you stand?

What is House Bill H.R. 2812?

This bill would prohibit States from enforcing “stand-your-ground” laws, or the operation of any Neighborhood Watch programs that aren’t registered with a local law enforcement agency and the Department of Justice (DOJ).

If enacted, H.R. 2812 would take effect three years after this legislation is enacted. The Attorney General would be authorized to allow up to two one-year extensions for this deadline.

A stand-your-ground law states that a person has "no duty to retreat from any place they have lawful right to be and may use any level of force, including lethal, if they reasonably believe they face an imminent and immediate threat of serious bodily harm or death." Usually, exceptions are included if the person using deadly force without retreating is a victim of domestic violence.

States that fail to implement this legislation will not receive 20% of the law enforcement grants they would be otherwise be given through the Edward Byrne Memorial Justice Assistance Grant Program. Alternative procedures for compliance would be allowed if a state is unable to implement this legislation because of a conflict with the state’s constitution.

The Attorney General would also be directed to conduct a study of state stand-your-ground laws by looking at their connection to rates of violent deaths. The study would also touch on whether women and minorities are targeted disproportionately by the force authorized by these laws.

Impact

People targeted by stand-your-ground laws, unregistered neighborhood watch programs, states with stand your ground laws, the DOJ.

Cost of House Bill H.R. 2812

A CBO cost estimate is unavailable.

More Information

In-Depth:

There are currently 30 states that have versions of stand-your-ground laws, and at least three other states have considered passing their own versions of the law. While the specifics of each state’s law vary, stand-your-ground laws in general have a fairly narrow focus.

In essence, these laws state that a person has no duty or requirement to give up ground to an attacker, or leave a place that they’re legally allowed to be, and may use any level of force to defend themselves if they under threat of serious bodily harm or death. This is similar to the principle embodied in the castle doctrine, which specifically protects people under attack in their own home.

Florida’s stand-your-ground law came under intense scrutiny after the deadly shooting of Trayvon Martin, an unarmed Black teen, by a neighborhood watch coordinator George Zimmerman. Zimmerman was a member of an unregistered neighborhood watch group, and confronted Martin after believing him to be acting suspiciously. In the ensuing fight, Zimmerman claimed to fear for his life, and shot and killed Martin. Zimmerman later successfully cited the law when he was acquitted of manslaughter and murder charges.

As contentious as stand-your-laws have been in the public discourse, the academic research on their effectiveness has been equally factious. Some research has indicated that the laws have reduced crime rates and violent crime, while other research points to an additional 600 deaths a year due to the laws — though it is unclear how many of those would be considered justified, and in self-defense.