George Borrello
State Senator George Borrello has introduced legislation to eliminate the “duty to retreat” clause from New York self-defense statutes.
Under this measure, citizens who are justified in using deadly force to defend themselves would be immune from criminal and civil liability. The legislation would remove the duty to retreat in places where the defender is lawfully permitted to be. It would also direct courts to instruct juries that the duty to retreat is no longer a consideration when determining if a person used the threat of force or actual force to deter an aggressor and prevent injury or death to themselves or others.
Self-defense laws in at least 25 states allow that there is no duty to retreat from an attacker in any place in which one is lawfully present. Self-defense laws in 23 states provide civil immunity under certain self- defense circumstances. Statutes in at least six states assert that civil remedies are unaffected by criminal provisions of self-defense law.
Borrello said in a release, “Every one of us has a fundamental right to self-defense. But in practice, the right to self-defense is limited to our homes in New York. The ‘duty to retreat’ clause, requires New Yorkers to retreat from a violent aggressor when in public before they can defend themselves and their loved ones. The only place a New Yorker is not required to retreat from a violent criminal is when they are inside their homes.”
Borrello added that citizens have the right to use firearms to defend themselves and that that right doesn’t end when they leave their homes.
Leave a Reply