Stand your Ground Act of 2021: Affirmative Self Defense

Congressman Matt Gaetz (FL-01), along with Reps. Louie Gohmert (TX-01), Paul Gosar (AZ-04), Marjorie Taylor Greene (GA-14), Markwayne Mullin (OK-02), Greg Steube (FL-17), and Randy Weber (TX-14), introduced the National “Stand Your Ground Act” of 2021. This bill will codify Florida’s ‘Stand Your Ground’ law at the federal level, abolishing the duty of retreat when attacked. 

Following the trial of Kyle Rittenhouse, Congressman Gaetz announced his intentions to file the National Stand Your Ground Act on an episodeof his podcast Firebrand.

“Like Kyle Rittenhouse, every American has the right to defend their life from an attacker. If someone tries to kill you, you should have the right to return fire and preserve your life. Let’s reaffirm in law what exists in our Constitution and in the hearts of our fellow Americans. Abolish the legal duty of retreat everywhere,” Congressman Gaetz said. 

Full text of the National Stand Your Ground Act of 2021 can be found:

A BILL
To amend title 18, United States Code, to provide an affirmative defense for certain criminal violations, and for other purposes.

USE OR THREATENED USE OF FORCE IN DEFENSE OF PERSON.—It shall be an affirmative defense to
a violation of this title if:

‘‘(1) A person is justified in using. threatening,
or attempting to use force, except deadly force,
against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another
against an agressor’s imminent use of unlawful
force.

A person who uses or threatens to use force in accordance with this paragraph does not have a duty to retreat before using or threatening to use such force.

‘‘(2) A person is justified in using, threatening, or attempting to use deadly force if he or she rea-
sonably believe that using, threatening, or attempting to use such force is necessary to prevent imminent death or great bodily harm to himself or herself
or another or to prevent the imminent commission of

a forcible felony. A person who uses, threatens, or
2 attempts to use deadly force in accordance with this
3 paragraph does not have a duty to retreat and has
4 the right to stand your ground if the person using,
5 threatening, or attempts to use the deadly force is
6 not engaged in a criminal activity and is in a place
7 where he or she have a right to be.
8

‘‘(b) DEFINITIONS.—In this section:
9 ‘‘

(1) DUTY TO RETREAT.—The term ‘duty to retreat’ means that if a person is under attack, he
or she should first seek retreat as the preferred alternative to using force to act in self-defense.

‘‘(2) FORCIBLE FELONY.—The term ‘forcible felony’ includes treason, murder, manslaughter, sexual battery, carjacking, home-invasion robbery, robbery, burglary, arson, kidnapping, aggravated as- sault, aggravated battery, aggravated stalking, aircraft piracy, unlawful throwing, placing, or dis-
charging of a destructive device or bomb, and any
other felony which involves the use or threat of physical force or violence against any individual.

‘‘(3) STAND YOUR GROUND.—The term ‘stand your ground’ means the allowance of an individual
to defend himself or herself by any means necessary when his or her life is threatened.’’.

The amendments made under subsection (a) shall take effect on the
date of the enactment of this Act and may be used as
an affirmative defense by a defendant in the prosecution
of a criminal offense initiated after the date of the enactment of this Act.