Michigan – -(Ammoland.com)-Â Q: What is Michigan’s “Stand Your Ground” law?
A: MCL 780.972 states: “Use of deadly force by individual not engaged in commission of crime; conditions.
Sec. 2.
(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.”
It is very clearly worded. It is not, as some commentators have suggested, a “hunting license for humans,” or a “shoot first” law. The statute above, which was enacted in 2006, simply did away with the dangerous and confusing “duty to retreat” that existed prior to the change.
Note: When the statute refers to “honestly and reasonably,” it is laying out what we lawyers call a “two-prong test.” This means that the citizen who defends himself or herself must actually believe that what is being prevented is death, great bodily harm, or sexual assault. And, furthermore, that belief must be objectively reasonable under the circumstance. Meaning that if a jury hears all the relevant facts and determines that if they were in the same situation, they would also honestly believe that deadly force was an appropriate, proportional response to the threat, then the second prong of the test is met.
It is also worth mentioning that responsible instructors and trainers speak with one voice when they say that a citizen is always better off not firing a gun in self-defense unless absolutely necessary. Squeezing the trigger of a loaded gun in such a situation means that your life will be forever changed in a variety of ways: legally, financially, and psychologically. As one of our leading national self-defense authors, Massad Ayoob, says in the title of one of his best-known works, a gun is to be used only “In The Gravest Extreme.”
This common-sense law is currently under attack in the legislature. HB 5644, sponsored by Timothy Bledsoe and other members of the Michigan House, would repeal the statute above and return us to the days when law-abiding citizens who were forced into defending themselves on the street, could be second-guessed by prosecutors and forced to defend themselves again in court because they didn’t turn their backs on a deadly threat, something that I was warned against specifically during Infantry training at Fort Benning.
Steve Dulan (www.StevenWDulan.com) is a member of the Board of Directors of the MCRGO and the MCRGO Foundation, and a member of the Board of Trustees of the MCRGO Foundation. He is an attorney in private practice in East Lansing and Adjunct Professor of firearms law at The Thomas M. Cooley Law School. as well as an Endowment Member of the NRA.
About Michigan Coalition for Responsible Gun Owners
The Michigan Coalition for Responsible Gun Owners is a non-profit, non-partisan organization. Formed from just eight people in 1996, we now have thousands of members and numerous affiliated clubs across the state. We’re growing larger and more effective every day. Our mission statement is: “Promoting safe use and ownership of firearms through education, litigation, and legislation” Visit: www.mcrgo.org
Stand your ground needs to stay and as far as im concern mafe more better for the law abiding citizen. People who are criminals or dont care about any law will threathen and prey on innocent defenseless people and wont think twice about any law. So stop limited and tieing the hands of thr law abiding and put more protections against civil law suits and hassels for those who are in the right. A person come up to you and threatens to beat you to death hey by all means protect yourself in my book.
My daughter was just sentenced to 12/20 for stabbing to death (one stab) her boyfriend who was attacking her at the time,,,I guess Stand Your Ground doesn’t apply to everyone in the State of MI. We shall appeal…
Well there shouldn’t b any stipulation t the law Texas has the right law idk about you but when was the last time u were in flint or detroit ……..or college park Atlanta Georgia could go on in on but my point is we the people should have the right t use whatever measure of force necessary including deadly force especially in public situations of course your home car n property should b defended from all threats foreign and domestic …….within reason if u r attacked defend yourselves
Can anyone recommend a good concealed carry insurance company for Detroit Michigan area? So many to choose from
Hey, if i wanna stand on some ground, i will do so
Mr. Blaydoe,
How do you know Trayvon Martin was a thug? I missed that during the trial. Let me guess, the “media” informed you that any young Black person much be a gangster. If he was a young white boy, how “threatened” would Mr. Zimmerman had felt? Let’s stick to the facts and keep the stereotypical language and personal beliefs about Black to one’s self unless you want everyone to know your racist beliefs.