Special Report

Every State With a Shoot-First Law

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The “castle doctrine” is a common law principle that allows for the deadly use of force, when reasonable, against home intruders. Deeply rooted in historical precedent, variations of the castle doctrine are the law of the land in most of the United States.

But in recent years, a number of states have expanded on the castle doctrine, allowing individuals to use deadly force in public spaces under certain circumstances, even if they have the option to safely retreat. These statutes are commonly known as “stand your ground” or “shoot first” laws.

A departure from American legal tradition, these stand your ground laws increase the likelihood of avoidable violence and death, according to gun control advocacy group Giffords Law Center. This is especially true if firearms are involved, which, in states with weak gun control regulations, they often are. (Here is a look at the states with the least restrictive gun laws.)

In Florida, for example, firearm homicides rose by 32% after stand your ground laws were enacted in 2005. Additionally, in nearly 80% of stand your ground cases in the state, the assailant had an opportunity to safely retreat and avoid violent confrontation. 

Using data from Gifford’s Law Center, 24/7 Wall St. identified each of the 30 states with stand your ground laws. Though policy details can vary slightly by jurisdiction, in each state on this list, citizens are generally not obligated to retreat, even if they can safely do so, if they or others are threatened with the possibility of death or serious bodily harm in a public place, and are legally protected to use force — even with a firearm — to prevent the commission of a forcible felony.

In most states on this list, residents are also allowed to carry concealed firearms in most public spaces without a permit – substantially increasing the risk of otherwise avoidable, deadly violence. In fact, nine of the 10 states with the highest firearm mortality rates are on this list, according to 2021 data from the Centers for Disease Control and Prevention. (These are the states where gun deaths are increasing fastest.)

Here are the states with stand-your-ground laws. 

Alabama

Source: SeanPavonePhoto / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 26.4 per 100,000 people – 4th highest of 50 states (1315.0 total)

Alaska

Source: SteveChristensen / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 25.2 per 100,000 people – 6th highest of 50 states (182.0 total)

Arizona

Source: lucky-photographer / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 18.3 per 100,000 people – 17th highest of 50 states (1365.0 total)

Arkansas

  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 23.3 per 100,000 people – 8th highest of 50 states (698.0 total)

Florida

Source: Art Wager / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Prohibited
  • Open carry of long guns: Prohibited
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 14.1 per 100,000 people – 17th lowest of 50 states (3142.0 total)

Georgia

Source: Sean Pavone / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 20.3 per 100,000 people – 14th highest of 50 states (2200.0 total)

Idaho

Source: Sean Pavone / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 16.3 per 100,000 people – 25th highest of 50 states (309.0 total)

Indiana

Source: SerrNovik / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Permit Required
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 18.4 per 100,000 people – 16th highest of 50 states (1251.0 total)

Iowa

Source: dangarneau / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 11.2 per 100,000 people – 11th lowest of 50 states (364.0 total)

Kansas

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  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 17.3 per 100,000 people – 21st highest of 50 states (503.0 total)

Kentucky

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  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 21.1 per 100,000 people – 13th highest of 50 states (947.0 total)

Louisiana

Source: DenisTangneyJr / E+ via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal for residents with military service only
  • Gun deaths in 2021: 29.1 per 100,000 people – 2nd highest of 50 states (1314.0 total)

Michigan

Source: Sean Pavone / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Illegal
  • Gun deaths in 2021: 15.4 per 100,000 people – 23rd lowest of 50 states (1544.0 total)

Mississippi

Source: SeanPavonePhoto / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 33.9 per 100,000 people – the highest of 50 states (962.0 total)

Missouri

Source: benkrut / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 23.2 per 100,000 people – 9th highest of 50 states (1414.0 total)

Montana

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  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 25.1 per 100,000 people – 7th highest of 50 states (280.0 total)

Nevada

Source: DenisTangneyJr / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Illegal
  • Gun deaths in 2021: 19.8 per 100,000 people – 15th highest of 50 states (633.0 total)

New Hampshire

Source: pmstephens / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 8.3 per 100,000 people – 7th lowest of 50 states (123.0 total)

North Carolina

Source: rustyl3599 / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Illegal
  • Gun deaths in 2021: 17.3 per 100,000 people – 20th highest of 50 states (1839.0 total)

North Dakota

Source: 4nadia / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 16.8 per 100,000 people – 22nd highest of 50 states (128.0 total)

Ohio

Source: Davel5957 / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 16.5 per 100,000 people – 24th highest of 50 states (1911.0 total)

Oklahoma

Source: pabradyphoto / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 21.2 per 100,000 people – 12th highest of 50 states (836.0 total)

Pennsylvania

  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Illegal
  • Gun deaths in 2021: 14.8 per 100,000 people – 20th lowest of 50 states (1905.0 total)

South Carolina

Source: SeanPavonePhoto / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Permit Required
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Illegal
  • Gun deaths in 2021: 22.4 per 100,000 people – 11th highest of 50 states (1136.0 total)

South Dakota

Source: powerofforever / E+ via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 14.3 per 100,000 people – 18th lowest of 50 states (128.0 total)

Tennessee

Source: Art Wager / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 22.8 per 100,000 people – 10th highest of 50 states (1569.0 total)

Texas

Source: dszc / E+ via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 15.6 per 100,000 people – 24th lowest of 50 states (4613.0 total)

Utah

Source: redhumv / E+ via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 13.9 per 100,000 people – 16th lowest of 50 states (450.0 total)

West Virginia

Source: benkrut / iStock via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 17.3 per 100,000 people – 19th highest of 50 states (319.0 total)

Wyoming

Source: JTSorrell / E+ via Getty Images
  • Obligation to retreat from dangerous confrontations in public: No
  • Open carry of handguns: Allowed
  • Open carry of long guns: Allowed
  • Permitless concealed carry: Legal
  • Gun deaths in 2021: 26.1 per 100,000 people – 5th highest of 50 states (155.0 total)

Methodology

To identify the states with stand your ground laws, 24/7 Wall St. reviewed state-level laws compiled by Gifford’s Law Center, a gun control advocacy group. So called “stand your ground” laws remove the obligation of citizens to retreat, when possible, if they or others are threatened with the possibility of death or serious bodily harm in a public place, and are legally protected to use force to prevent the commission of a forcible felony, even with a firearm. Each of the 30 states on this list, arranged in alphabetical order, has stand your ground laws, also commonly known as shoot first laws. 

We did not include the eight states with stand your ground protections decided by legal precedent, as in these states, an individual who uses deadly force to protect themselves or others in public when retreat was possible can still be subject to criminal prosecution. 

Supplemental data on open and concealed carry firearm laws in each state are also from the Giffords Law Center. Open carry of firearms is generally defined as wielding a firearm that is either partially or fully visible, though precise definitions can vary by jurisdiction and different rules can apply for different firearm types, such as handguns, or long guns, like rifles and shotguns. 

Concealed carry of firearms is generally defined as having a gun on one’s person while in public that is not visible. Concealed carry firearms can be carried in backpacks, purses, or in a holster under a garment. 

In addition, we also reviewed state-level firearm mortality data from the Centers for Disease Control and Prevention for 2021. 

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