North Dakota’s Stand Your Ground law, effective since August 1, 2021, has significantly changed the state’s self-defense regulations. Here are the key points to understand:
No Duty to Retreat
The law removes the duty to retreat in most public spaces if an individual:
- Is not engaged in unlawful activity
- Has not provoked the individual against whom they use force
- Is in a place they are legally allowed to be
Use of Force Justification
- Force is justified for self-defense against danger of imminent unlawful bodily injury, sexual assault, or detention.
- Deadly force is justified if necessary to protect against death, serious bodily injury, or the commission of a violent felony.
Limitations
- The law still requires that force used must be “necessary and appropriate under the circumstances.”
- Excessive force is not justified, even in self-defense situations.
Castle Doctrine
North Dakota’s law includes a “castle doctrine” provision, allowing the use of deadly force to prevent felonies in one’s dwelling, place of work, or occupied vehicle.
Presumption of Reasonable Fear
The law establishes a presumption of reasonable fear of imminent peril when using deadly force against someone unlawfully entering or attempting to enter a dwelling, workplace, or occupied vehicle.
Civil Immunity
Individuals using force in accordance with this law are granted immunity from civil liability.
While the law broadens self-defense rights, it’s crucial to understand that it does not allow indiscriminate use of force. The force used must still be reasonable and necessary given the circumstances.
Sources
- https://giffords.org/lawcenter/state-laws/stand-your-ground-in-north-dakota/
- https://ndlegis.gov/cencode/t12-1c05.pdf
- https://www.house.mn.gov/sessiondaily/Story/18532
- https://www.house.mn.gov/SessionDaily/Story/18532
- https://casetext.com/statute/north-dakota-century-code/title-121-criminal-code/chapter-121-05-justification