Ask The Michigan Firearm Instructor: When Do I Have A Duty To Retreat?
Q: What are the situations that call for a "duty to retreat?"
A: When you are not within the requirements of a defense based on either the Castle Doctrine or the Self Defense Act, you will in most circumstances have a duty to retreat.
Under the Castle Doctrine, there is a general but rebuttable presumption that a home invader puts you in imminent danger. There are some exceptions with regards to some classes of people that you could not claim umbrage under the Castle Doctrine. Nevertheless, it would be the Prosecutor's burden to prove that you were not in danger. (MCL 780.951)
Under the Self Defense Act, you can use lethal force without a duty to retreat if you or some other person was under an imminent threat of great bodily harm, rape, or death. However, you must be in place where you have permission to be and not committing a crime. (MCL 780.792)
Further, there is another provision for not having a duty to retreat where the provisions of the Self Defense Act are not met. You must, however, be in your own dwelling. (MCL 769.21c)
If you are not protected under the Castle Doctrine or the Self Defense Act, you would probably be forced to follow Michigan case law which would will require you to retreat before using deadly force.
Rick Ector is a National Rifle Association credentialed Firearms Trainer, who provides Michigan CCW Class training in Detroit for students at his firearms school - Rick's Firearm Academy of Detroit. Ector is a recognized expert in firearm safety and has been featured extensively in the national and local media: Associated Press, UPI, Fox news, New York Times, USA Today, Bearing Arms, NRAnews, Guns Digest, Tactical-Life, The Truth About Guns, The Politics Daily, Fox News Detroit, The Detroit News, The Detroit Examiner, WJLB, WGPR, and the UrbanShooterPodcast.
For more info about free shooting lessons for women and Michigan CCW Classes, please contact:
Rick's Firearm Academy of Detroit
Web: http://www.detroitccw.com.
Email: detroitccw@gmail.com
Phone: 313.733.7404
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I do most of my blogging and article writing in coffee shops because there are too many distractions at home.
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