The act, co-sponsored by Reps. Louie Gohmert and Randy Weber of Texas, Paul Gosar of Arizona, Georgia's Marjorie Taylor Greene, Markwayne Mullin of Oklahoma, and Florida's Greg Steube "will codify Florida's 'Stand Your Ground' law at the federal level, abolishing the duty of retreat when attacked."
Gaetz introduced the bill following the trial of Kyle Rittenhouse in Kenosha, Wisc., who was charged with shooting three men, killing two during a riot on August 25, 2020. Rittenhouse said that he acted in self-defense, and that was proven in court with comprehensive video proof revealing that he has been under threat.
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"Like Kyle Rittenhouse, every American has the right to defend their life from an attacker. If someone tries to kill you, you should have the right to return fire and preserve your life. Let's reaffirm in law what exists in our Constitution and in the hearts of our fellow Americans. Abolish the legal duty of retreat everywhere," he said.
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The legislation adds "an affirmative defense for certain criminal violations, and for other purposes." It reads that "The term 'stand your ground' means the allowance of an individual to defend himself or herself by any means necessary when his or her life is threatened."
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Gaetz discussed his "National Stand Your Ground Act" on an episode of his Firebrand podcast.
"My constituents demanded strong self defense laws," Gaetz said on his podcast. "I do not believe in imposing on Americans a duty to retreat when someone else attempts to commit a felony against a victim."
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The act says that a person who feels that they are in imminent danger has the choice to retaliate against that danger and does not have the duty to retreat before doing so.
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The act says: " A person is justified in using. threatening, or attempting to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend themselves or another against an aggressor's imminent use of unlawful force. A person who uses or threatens to use force in accordance with this paragraph does not have a duty to retreat before using or threatening to use such force."
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The bill also states: "A person is justified in using, threatening, or attempting to use deadly force if they reasonably believe that using, threatening, or attempting to use such force is necessary to prevent imminent death or great bodily harm to themselves or another."
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