The shaky ground of self defense gun laws

The story of Florida teen Trayvon Martin’s death in February 2012 sparked a national controversy over a piece of legislation found in many states across the country.

Stand Your Ground Laws are currently in place in 23 states and do not require one to retreat from a dangerous, even potentially, deadly situation. Through this law one can literally stand his or her ground on any property, regardless of ownership. Other self-defense laws include Castle Doctrines and Duty to Retreat. Like Stand Your Ground, Castle Doctrines allow one to protect themselves in the face of danger, only if that threat is on their property. Duty to Retreat laws require one to leave a situation if it becomes violent.

In the case of Martin’s shooting death, neighborhood watchman and shooter George Zimmerman, claimed he acted in self-defense, despite Martin being unarmed during the confrontation. In April 2012 Zimmerman was charged with murder by a special prosecutor. Zimmerman was found not guilty of murder and second degree manslaughter.

The case sparked national debate as to what is actually considered to be a “threat." With different cases interpreting each of the three laws differently, it is hard to create one standard to follow.

Illinois does not have a Stand Your Ground Law, but does have a Castle Doctrine, which reads: “A person is justified in the use of force against another when and to the extent that he reasonably believes that such conduct is necessary to defend himself or another against such other's imminent use of unlawful force,” according to the Illinois Criminal Code ch. 38, par. 7-1.

The state also has the Concealed Carry law, allowing one to legally carry a firearm in public if it is hidden on the body.

In 2013, then-governor Pat Quinn declared that Illinois would never enact a Stand Your Ground law, but with Concealed Carry one is allowed to defend themselves if someone comes up to them on the street and poses a threat to one’s life, according to the Chicago Tribune. The state officially became a Concealed Carry state in 2014.

State Sen. Kwame Raoul told the Chicago Tribune in 2013 that the state will have to revisit the law regularly.

“I think we’ll be doing kind of an ongoing examination of what is the trickle effect of having made the move to being a concealed carry state….[because] There are all sorts of implications that come into play,” he said.

Because the Illinois self-defense statue is vague, saying one can defend themselves with violent force “only if he reasonable believes that such force is necessary to prevent imminent death or great bodily harm to himself or another, or the commission of a forcible felony,” the Illinois Supreme Court has to determine if the circumstances were justified.

Claiming self-defense in court is difficult due to the many ways the law can be interpreted. According to Hey Jackass! Illustrating Chicago Values, only five people claimed self-defense in court in Illinois in 2014, compared to 147 when the suspect was charged with homicide, 17 cases of police involvement and seven murder/suicides. Still, most homicide cases, 283, went uncharged.