Stand Your Ground & Castle Doctrine Act

Introduction

This Act establishes the right of citizens of the State of San Andreas to defend themselves, their property, and others against imminent threat. It affirms that an individual lawfully present in any location has no duty to retreat and may stand their ground when faced with unlawful force or threat of death, serious injury, or forcible felony.

Constitutional Justification

Under Article III - Rights and Freedoms of the Constitution of San Andreas, every citizen is guaranteed the Right to Health and Protection of Others. This Act codifies those rights, ensuring individuals may lawfully defend themselves and others without fear of prosecution when acting reasonably under threat.

Article I - Right to Stand One’s Ground

1. Any person who is lawfully present in a location shall have no duty to retreat before using reasonable or deadly force when such force is used to: Prevent imminent death or serious injury to themselves or another person who is clearly and directly endangered, provided the use of force is reasonable.
2. The right to stand one’s ground applies in all places where the person has a lawful right to be, including but not limited to:
   • Private property and residences;
   • Vehicles;
   • Businesses and workplaces;
   • Public spaces.
3. Before using deadly force, an individual must, where safe and reasonable to do so, clearly and audibly announce their intent to defend themselves or others.
   • Such announcements may include phrases such as “Stop or I’ll shoot,” “Back away,” or other clear warnings that convey the intent to use force in self-defence.
   • Failure to issue such a warning, when circumstances permit, may be considered in determining whether the force used was reasonable.
   • This duty does not apply when an immediate and credible threat leaves no safe opportunity to issue a warning before defending oneself.
4. The use of deadly force shall be presumed lawful when a person acts under a reasonable and honest belief that such force is necessary to prevent imminent serious harm or death to themselves or another.

Article II - Castle Doctrine

A person is presumed to have acted reasonably and lawfully when using force, including deadly force, against another individual who:

• Unlawfully and forcibly enters, or attempts to enter, the person’s dwelling, occupied vehicle, or business; or
• Attempts to remove another person from such dwelling, vehicle, or business against their will.

This presumption stands unless:

• The person using force was engaged in criminal activity at the time;
• The individual against whom force was used had a legal right to be present; or
• The person using force was the initial aggressor in the encounter.

For purposes of this Article:

• “Dwelling” includes any structure, temporary or permanent, used as a home or place of lodging;
• “Vehicle” includes any conveyance legally used for transport;
• “Business” includes any place of lawful occupation or commerce.

Article III - Limitations and Exceptions

This Act does not protect individuals who:

• Are engaged in unlawful activity at the time of using force;
• Are the initial aggressor, unless they clearly withdraw and the other party continues the threat; or
• Use force against a Law Enforcement Officer acting within lawful authority, who has properly identified themselves.

Force used must be proportionate to the threat presented. Unnecessary or excessive force may still be subject to prosecution.

Article IV - Immunity from Prosecution

1. A person who lawfully uses force under this Act shall be immune from arrest, detention, or prosecution, unless there is clear and articulable probable cause that the force used was unlawful.
2. Law Enforcement Officers must conduct a preliminary assessment before placing an individual under arrest where a claim of self-defence under this Act is raised.
3. A Judge or Justice may dismiss criminal or civil proceedings where it is found that the use of force was justified under this Act.

Article V - Duty to Report

1. Individuals who use deadly force under this Act must contact emergency services as soon as safely possible.
2. They must remain on scene and cooperate with responding Law Enforcement Officers and Emergency Medical Services, unless remaining would place them at continued risk of harm.

Article VI - Enforcement and Review

1. The Department of Justice shall maintain oversight over all cases invoking this Act, ensuring proper application of its protections and limitations.
2. The Department may issue interpretive guidance or memoranda clarifying the reasonable use of force standard as case law develops.

Conclusion

This Act reaffirms the fundamental right of citizens to defend themselves and others without the fear of unjust reprisal. By establishing both Stand Your Ground and Castle Doctrine protections, it ensures that lawful individuals are safeguarded when exercising their right to self-defence, while maintaining accountability against the misuse of force.

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Signatories:

• Justice Bailey Harvey
• Justice Peter Brackley
• Justice Mina Mercy
• Justice Tess Timony
• Justice James Anderson