Commonwealth Of Virginia Monthly Report Of Non-Resident: Fill & Download for Free

When esteemed mathematician and philosopher Kurt Gödel, a refugee from Nazi oppression, was being interviewed for US citizenship, the story goes, he was asked if he thought it was possible for a regime like the Nazi's to take over the United States. Gödel had apparently pored over the Constitution in anticipation of the interview and claimed to have discovered just such a loophole - to the examiner's horror.It's never been revealed what Gödel's loophole was - it's wide open to speculation - and many of the details of the story have been lost to anecdotes and retellings of variable quality. While I won't suggest that this answer is one such possibility, it does strike me as having frightening potential for leading to the kind of fascist regime Gödel escaped.While the patchwork of state and local laws governing political activities and policing would make it difficult for a party-sponsored paramilitary organization to become a national force, the heart of the answer is that there isn’t anything explicit in law to stop something like the SS from emerging in the US.The issue really hinges on the legal status of political parties in the US. They’re not expressly sanctioned by the Constitution, and other than with respect to campaign conduct and finance laws, they aren’t defined in US federal law at all. This is because elections are run at the state level, per the Constitution, and not the national level.The Republican and Democratic National Committees, for example, are private organizations that provide national coordination services to their state chapters for the purposes of selecting and supporting candidates for public office.The definitions and conduct requirements of a political party vary from state to state. In my home state of Virginia, for example a "recognized political party" is:an organization that, for at least six months preceding the filing of its nominee for the office, has had in continual existence a state central committee composed of registered voters residing in each congressional district of the Commonwealth, a party plan and bylaws, and a duly elected state chairman and secretary. [Although to receive automatic ballot access thereafter, they must then receive at least 10 percent of the vote in a statewide election]Whereas Colorado (chosen randomly) goes so far as to define “major” and “minor” political parties:"Major political party" means any political party that at the last preceding gubernatorial election was represented on the official ballot either by political party candidates or by individual nominees and whose candidate at the last preceding gubernatorial election received at least ten percent of the total gubernatorial votes cast."Minor political party" means a political party other than a major political party that satisfies one of [several] conditions set forth [in law] or has submitted a sufficient petition [signed by at least ten thousand registered electors].Now, not being an expert in election laws in all 50 States, I stand to be corrected in saying that there are not explicit prohibitions on political parties having militia or paramilitary wings – or, at the very least, political parties in the states are not defined to exclude the possibility.Going back to Virginia, an upstart political party may have on its legally required central committee a “Director for Party Security.” In the party’s bylaws that role might be defined as something innocuous like, say, “he shall provide for the physical security of party members at official party events or while conducting political duties on behalf of the party.” That could very well get a pass.If challenged, the DPS/central committee might say, “We train our volunteers to keep the peace at our events and to liaise with law enforcement if necessary.” That would probably strike most people as a really, really weird thing for a political party to care about, but there’s nothing wrong with that on its face.So let’s say this fictional party, despite its weird emphasis on the security of the party faithful, does well enough to succeed at the ballot in a couple of states. It forms a national committee (or maybe it formed the national committee first and devolved to the states, whichever), and it begins to accrue a nice little war chest from donations. It’s getting more difficult for the various state DPS’ to keep up with "maintaining security" at the growing events, though – and the quality of volunteers is too variable.One enterprising DPS starts a security consultancy where party volunteers may be sent for rigorous training – or the firm might be contracted to provide security from using its own staff (who happen to have been plucked from the party faithful). He “resigns” from official party duties to avoid the appearance of impropriety, naturally, in accepting security contracts from the party; but he does set up a Political Action Committee to make sure money goes back into the party war chest when possible.On the side, this security firm also puts in tenders for government security contracts – some of which are overseas – and because they offer cheaper rates than other firms (being partially subsidized by a new and emerging political party helps keeps costs down), they’re usually selected.Up to this point, no laws (that I'm aware of) have been broken. The party is merely trying to provide for security at its events, its volunteers are being properly trained and have not taken law enforcement into their own hands, and there is nothing preventing a party from contracting a properly licensed firm for security at its events when relying on volunteers alone is insufficient. Moreover, depending on the state in which the security firm is organized, it's probably not against the law for the senior executives to screen current and prospective employees for their political affiliation, since that is not a class explicitly protected from discrimination.I will take this moment to note that in 2014, the Republican National Committee paid (non-paramilitary) firm Securitas Security Services USA a total of $462,835 to provide security at its events. Obviously I’m not suggesting that the Republicans are starting a covert paramilitary force, just illustrating the point of legality. I’d happily be bipartisan and call out the DNC for doing likewise, but so far I can’t find any security services expenditures in their financial reporting.The next issue in turning this security force into a pseudo police force would next require the amending of state laws to allow for agents of private security firms to operate as law enforcement officers. All states have statutes governing the certification of private security officers, and these place limitations on how far they can go in preventing criminal activity. Either these restrictions would have to be relaxed, or the state would have to make it legal to privatize its law enforcement responsibilities. Many states already permit this, and the trend has been growing for a while (noting that article was written in 2007).But it’s not enough to say that a politically affiliated security firm that acquires limited police powers is on the same page as the SS. To get to that level of notoriety, there are many more hurdles that need to be considered. Certainly at the state and federal levels there are restrictions concerning voter intimidation or suppression, assaulting journalists, or attempting to “unduly influence” elected officials (much less through violence), which the SS did extensively in order to aid the Nazi Party’s rise to power.The thing about laws, though, is that they’re only as good as the people who choose to enforce them – and that’s where things could get scary, as follows (because of course I was going to accompany this answer with a micro-fiction).Gold Eagle SecurityYou’re a good citizen. You diligently pay your taxes with a sigh, and you vote in most elections – the ones that matter, anyway. You keep your politics to yourself, though, because you don’t think it’s really anybody else’s business.Recently, you heard about a new party that’s organized in your state. Supporting third parties isn’t really your thing, as your preferred party has aligned well with your beliefs, but you look them up out of due diligence.On the surface, you don’t see anything too terribly offensive in their party platform – it’s all boilerplate stuff about making the country great, supporting the individual, and keeping the government out of your business – but nothing to compel you, either. So you ignore them and figure they won’t get far.On Election Day, when you arrive at the polls, you’re a bit surprised to see that this new party has a booth set up next to the Democrats and Republicans (and that lonely Green volunteer who’s been turning up alone since time immemorial). While the other volunteers are casually dressed (the Green maybe a bit too casually), the new guy is wearing a crisp suit over a white collared shirt with an Old Glory tie. You approach him just out of curiosity.Up close, you note his lapel pin. It’s a gold bald eagle on a white background surrounded by an oak wreath. It’s bordered by a blue field with silver five-point stars.You make small talk. He moved here after his time in the Army was done. You reflexively thank him for his service, and point out the lapel pin. Something from the Army? It’s a token the party gives to combat veterans.You think that’s a little weird, but it’s not like the other parties haven’t glorified the military in some manner or another. What are you doing now that you’re out? He’s a police officer – off-duty today to work the polls – and part-time consultant for a security firm.That’s the extent of your conversation before he makes the partisan pitch you’ve been expecting. You politely nod along as he talks. He offers you a sample ballot, and you decline. You were just curious. His demeanour seems to change immediately. He’s a bit gruff when he tells you to “have a nice day” when you walk away from the booth.You give a handshake to the party volunteers you’re used to (even the lady from the “other side” who’s actually very sweet) and you go do your civic duty.When you leave the polling station, you feel like you’re being watched, but you chalk it up to a cold November morning.You check the election returns that night before going to bed, and it looks like this new party has picked up a few seats in your state legislature – mostly from the crazy part of the state (of course). It’s big news, though, because their victories have cost both parties a majority in the lower house, so they’ve become something of a power broker. They weren’t as successful in other states, though, so this might just be a flash in the pan.Your candidate made it in, though, and that’s all that really matters. He can deal with the politics in the capital. Congress hasn’t changed anyway, so what’s really going to change?A few months down the track, and you’re at the mall. The new party has a recruiting booth set up. They’ve drawn a (very) small crowd, and a couple of people are signing up. Off to the side of the young, enthusiastic volunteers, though, you notice someone in a black t-shirt and jeans and you think… A holster? What kind of idiot brings a gun to the mall?As you’re lost in thought contemplating the armed man, you bump into someone. Not just anyone. It’s the officer from the polling station – now very much on duty. You apologize, and he begrudgingly accepts.You ask if he’s here about the armed man, and he curtly reminds you that this is an open carry state, and he’s not breaking any laws. Yeah, but isn’t it weird? He has his rights.You feel a bit uneasy, so you apologize to the officer again and go about your business. As you exit the mall, you see the officer chatting it up to the armed “overseer,” as you dubbed him in your mind. When you walk by the booth, you pick up a couple of pamphlets – earning a smile from the young volunteer.One of the pamphlets touts the party’s commitment to community, including an upcoming youth retreat where children can learn outdoors and “survival” skills, to include marksmanship courses. Another one lists off volunteer opportunities, to include “security.” They all have the boilerplate party information you remember from before, and they’ve obviously co-opted the eagle as their party symbol (which annoys you a bit).As November approaches, you’re reminded that there are local seats up for election, but they’re all non-partisan. Besides, does the county sheriff seat really matter? They’re going to enforce the laws no matter who’s in office. Solidifying your decision to stay home, it rains on Election Day. You’re not even bothered to check the results the next day.Another year goes by, and the upcoming election really matters. Not only is it a presidential year, but the governor’s seat is also up. The new party (well, they’re not so new anymore) is running a candidate who’s been doing marginally well in the polls. He won’t win, but he’s forced the campaign narrative to go in ways that really unsettle you.Your friend’s car is broken, and he asks if you can ride him to the polls on the way home from work. You agree, even though you really prefer to vote in the morning, and at the end of the day the two of you head over together.The moment you pull into the parking lot, you feel like something’s not right.You don’t see that Green volunteer anywhere, but he might have just rolled out. No, that's not it.Your friend points it out. They're here. A lot of them. They're in a group, happily chatting and having a laugh. You immediately spot the officer, who seems to be leading the pack. Surely he's off duty, so why's he in uniform? The rest of his group are in matching long-sleeve shirts and dark slacks – a casual uniform of sorts.They're hanging out by the entrance, so there's no way to avoid them. As you pass, you note one of the long-sleeved young men has the same lapel pin as the officer. You also notice that the police officer isn’t wearing the local sheriff’s patch on his uniform. He’s with a private security outfit. What is he doing guarding a polling station?Just as you think you're going to walk past without recognition, your friend mutters something aloud about "fucking jackbooted assholes," and their laughter stops. You swear you can hear the air crack as they turn their heads towards you and your friend.You stammer out something about that not being cool and quicken your step. When you approach the usual bunch of partisan volunteers, you can tell that they look a bit stressed and wary - even that sweet lady. Your friend makes a show of taking one of their sample ballots, and you two go in to vote.When you leave, you try to walk on the other side of the parking lot, but your friend stridently passes the group of partymen with his sample ballot in hand.Unlike a few years back, you know you're being watched. You leave quickly with your friend, who won't stop ranting about those assholes until you drop him off at his place.When you get home, you immediately switch on the news. The party's candidate hasn't made it to the Governor's House, but he did better than expected. Other candidates were more successful, though. One state's legislature is now dominated by the party.You sleep uneasily.In the morning, the tires of your car are slashed, and its windshield has been broken out. Your insurance company requires a police report. That's fine, because you know exactly whom you want to report for the crime.The officer from the polling station responds to your call. Send someone from the actual police department! This is a non-violent crime, which we’re contracted for. I want someone else. Nobody’s available right now. I want a supervisor.Why are you being hostile? His interview of you proceeds along that theme. What's wrong with you? What have you done that would upset someone? If you were asleep, how could you be so sure who did it? You'll get a copy of the report in the mail.After he leaves, it occurs to you to call your friend and check on him.He doesn't answer.You call the sheriff's office to lodge a complaint, but you’re referred to his firm’s customer service line. No, that’s not good enough. They invite you to come in and lodge a complaint in person. You're angry enough to go and give them a piece of your mind. They get you in with a deputy sheriff.That cop is a jerk! He doesn’t work for us, and besides, you’d be his first complaint. He's got a perfect service record. Yeah, well, don’t send them to my house again. Have to, unless it’s a violent crime. Why do you let your officers engage in politics? Their own time is their own business. What are you going to do about the people who trashed my car? You don't have any evidence of who did it.While the deputy is taking down your complaint, you take a brief scan of his desk. He has a golden eagle lapel pin. Your blood boils.Why do you have a political pin in your office? It was a gift, not political. So you're not in the party? What party do you belong to? None of your business! Likewise.You leave, and on your way to work (now very late), your friend calls you back. He's in the hospital. Someone jumped him when he was leaving his house. He was on the ground and out cold before he could get a look at who was responsible. But he's sure of who it was that got in a few blows – or one of them, anyway.You both are. This has to stop.You check when your county board is meeting, and you intend to raise the issue of the privatization of the police force. As you build your case by cruising around online, you find allegations that the security firm running “non-violent” crimes in your county has deep connections to the emerging political party. They’ve even been contracted by the Federal government to conduct security operations overseas. There are rumors that they’re looking to expand into private prison services.You’ve seen enough.When you’re given your five minutes to make your presentation to the county board, you try to keep yourself from coming off as a conspiracy theorist as you lay out your concerns. Still, you can tell that the panel is not entirely persuaded. At the end of your speech, the Chairman insincerely thanks you, reminds you that this was put up to a vote in the last election, and it passed, and this has freed up the county sheriff to pursue more serious crimes.I want to put it back on the ballot. The law doesn’t authorize this to be put up by popular referendum. Then make a motion! We’ll consider it.You leave the hall dejected. The county board doesn’t act.The Midterms are coming up. You're out mowing your yard when you spot a college-aged kid going door-to-door, dropping off pamphlets. It strikes you as a bit unusual, because normally your district isn't competitive enough to warrant volunteers showing up.As he approaches your house, a pair of volunteers from the ascending party also walk up the street. One of them is a particularly burly looking fellow. When they spot the other volunteer, they stop going house to house and approach him. You get a bad feeling and go inside to get your phone to call the police.By the time you're back outside, the two thugs are wailing on the volunteer. You charge into the fray, shouting at them to back off. You've got the police on the line, and you've taken their picture, so they'd best stick around.They're smirking as you read them your version of the Riot Act, and help the battered volunteer in your house. It turns out he's not from your party, but it doesn't matter.The contracted officer you've encountered now too many times shows up.I thought you only did non-violent crimes. Our services were expanded. Did you see who started the fight? No, but of course it was them. They say the volunteer pushed them first. Bullshit. But you didn't see it.He arrests the volunteer. You threaten to call the news and highlight this perversion of the law. "Do what you have to do."The paper already has a reporter assigned to cover the spate of election-related violence. She comes over and interviews you. You don’t care if you sound like a nut job as you run through your personal history of unease about the state of politics since the party showed up. She seems entirely sympathetic.You're called to court as a witness a few days down the track. The reporter is there, too. The thugs argue self-defense - they just wanted to talk, and he lashed out. The volunteer says they had been harassing him all day. You can't say who threw the first punch, but you know the thugs showed up looking for a fight. The contracted officer says he's responded to your house before, where you had a paranoid go at party members and probably weren't an unbiased observer.The judge tosses the case.The reporter's story runs a few days later, alleging "volunteers" of the party have been implicated in numerous acts of violence in the run-up to the election. To your disappointment, though, there’s no mention in the article of their connection to the party-sponsored security firm. The state and national party organizations denounce politically motivated violence, though insist on their volunteers' innocence. The other parties are working together to discredit them, they counter, because they're afraid of how quickly they've come to power.Because of the danger to their volunteers, they say, they're going to increase security at their events. If elected, they also promise to clamp down on "un-American" politically motivated violence through strict laws at the state and federal level.Like hell you're going to let them be elected!The day of the Midterms, you leave your house and find a group of men at your car.They ask if you need a lift to the polls. Fuck off! You see that your tires are slashed. I'm calling the cops!You don't see the fist that knocks you out.You miss the election while in the hospital. Turnout for your (and the other) party is at an "historic low." Your incumbent Congressman has narrowly lost; and while the Senator won, it was by the lowest margin in his career. The ascending party has secured power in numerous states.When you get home, you try to call the reporter who covered your day in court. She died in a hit-and-run accident months ago. The car that struck her was stolen, and the driver fled the scene. Despite pleas from her family, the police closed the investigation with no suspects.This can't be happening. Not in America! There are laws against this bullshit!Still, you know you're on the party's shit list, and you'll be damned if you let this happen to you again. Words from years earlier pop into your head, "This is an open carry state."You buy a gun.Local elections are coming up again. The sheriff's seat is up. You're damned sure you're going to vote him out of office. You'll vote for whomever promises to fire whatever’s left of the goddamned police force! That’s how you feel, anyway, until you see who’s opposing him for the office.It’s your favourite officer.Oh, fuck no!Well, surely you can at least clean up the County Board! That will be one way to sort out this mess. When you look up the "non-partisan" candidates, though, almost all of them are tied to the party in some manner.Still, there are some who have no apparent affiliation with the party – even if that means they’re affiliated with the other party. You don’t care. Anybody else is good. You even recognize the old lady from your polling station among the candidates. Surely she’ll get your vote!On Election Day, you hurry past the large group of partymen – to your relief, you don’t see that “officer” around – ignoring the sample ballots they thrust at you on the way and get feel relieved once you get into the booth. Once you’ve voted for the local candidates, or at least the ones you can stomach, you flip over to some of the state-wide ballot propositions.One of them is to amend the state’s constitution to define a “hate crime” to include crimes based on political affiliation.You vote in favour of that one without hesitation.When the results come in that night, your heart sinks. There’s a new sheriff in town, and you’re pretty sure he hates you. The new County Board doesn’t look much better. The lady from across the aisle seems to be the only person affiliated with the established parties to make it in. The security party expanded its hold in the state legislature.The party is running a candidate for President, and your stomach churns in thinking what his victory might mean for the country. You decide that you can’t keep your politics to yourself anymore, and so for the first time in your life you volunteer for a political campaign.They’re elated to have you on the team! Finding volunteers this year has been difficult to say the least. They recommend you also become a precinct captain for the party to help corral other volunteers. You try, but you find out for yourself just how hard it is to get people to sign up to help with the campaign – even using the party’s list of stalwart supporters.As you’re out canvassing one day, you notice a car has been following you from block to block. You immediately recall the incident from two years ago, and start on your way home. The car follows you. Even though your house is just two miles away, you take an hour to get there as you take the most convoluted route you can imagine to get there – the car following you the whole way.You want to call the police, but you know how useless that will be.You finally get home. The tailing car parks in front of your house. You run inside and grab your gun, and emerge with it in hand just as three people step out of the car. You raise the pistol as you warn them off, peppering your threat with all manner of slurs. It works – the men back down, get back in their car, and drive off.An hour later, there’s a knock on your door. The sheriff is here to arrest you personally.It’s an open carry state!That doesn’t give you the right to wave your gun around like a lunatic. They were following me! That’s not what they say – and in any case, you didn’t call us. I want a lawyer! You have your rights.Your lawyer does the best job he can, really, but your documented history of hostility towards party volunteers makes it seem pretty obvious that you have a bias against them. The three of them testify that they were doing nothing more than what you allege to have been doing – supporting your candidate for office, as the Constitution allows you to do freely and without harassment.Thanks to the Constitutional amendment that you supported last election, you are convicted of a politically motivated hate crime, which has been aggravated by your use of a firearm. Neither you nor your lawyer are aware that the judge presiding over your case is receiving kickbacks from both the party and the state to ensure that the newly opened private prison meets the occupancy quota guaranteed by its contract, and that contributed more to your harsh sentencing than anything else.You watch from your prison cell, guarded by men with gold eagle lapel pins, as the party locks up majorities Congress, and its presidential candidate achieves one of the greatest electoral landslides in modern US history.And you were once such a good citizen.Thanks to Jon for the A2A (and my apologies for spending too much time on this and let the request expire).

You have to meet certain requirements to be buried in a National Cemetery. You have to apply through The National Cemetery Scheduling Office to get buried in a VA national cemetery. Here are the requirements:EligibilityPersons Eligible for Burial in a National CemeteryThe National Cemetery Scheduling Office has the primary responsibility for verifying eligibility for burial in VA national cemeteries. A determination of eligibility is made in response to a request for burial in a VA national cemetery. To schedule a burial fax all discharge documentation to 1-866-900-6417 and follow-up with a phone call to 1-800-535-1117.a. Veterans and Members of the Armed Forces (Army, Navy, Air Force, Marine Corps, Coast Guard)(1) Any member of the Armed Forces of the United States who dies on active duty.(2) Any Veteran who was discharged under conditions other than dishonorable. With certain exceptions, service beginning after September 7, 1980, as an enlisted person, and service after October 16, 1981, as an officer, must be for a minimum of 24 continuous months or the full period for which the person was called to active duty (as in the case of a Reservist called to active duty for a limited duration). Undesirable, bad conduct, and any other type of discharge other than honorable may or may not qualify the individual for Veterans benefits, depending upon a determination made by a VA Regional Office. Cases presenting multiple discharges of varying character are also referred for adjudication to a VA Regional Office.(3) Any citizen of the United States who, during any war in which the United States has or may be engaged, served in the Armed Forces of any Government allied with the United States during that war, whose last active service was terminated honorably by death or otherwise, and who was a citizen of the United States at the time of entry into such service and at the time of death.b. Members of Reserve Components and Reserve Officers’ Training Corps(1) Reservists and National Guard members who, at time of death, were entitled to retired pay under Chapter 1223, title 10, United States Code, or would have been entitled, but for being under the age of 60. Specific categories of individuals eligible for retired pay are delineated in section 12731 of Chapter 1223, title 10, United States Code.(2) Members of reserve components, and members of the Army National Guard or the Air National Guard, who die while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while performing active duty for training or inactive duty training, or undergoing such hospitalization or treatment.(3) Members of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force who die under honorable conditions while attending an authorized training camp or on an authorized cruise, while performing authorized travel to or from that camp or cruise, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions while engaged in one of those activities.(4) Members of reserve components who, during a period of active duty for training, were disabled or died from a disease or injury incurred or aggravated in line of duty or, during a period of inactive duty training, were disabled or died from an injury or certain cardiovascular disorders incurred or aggravated in line of duty.(5) Members of reserve and Guard components who have met minimum active duty service requirements, as applicable by law, and who were discharged under conditions other than dishonorable are also eligible provided they were called to active duty and served the full term of service.c. Commissioned Officers, National Oceanic and Atmospheric Administration(1) A Commissioned Officer of the National Oceanic and Atmospheric Administration (formerly titled the Coast and Geodetic Survey and the Environmental Science Services Administration) with full-time duty on or after July 29, 1945.(2) A Commissioned Officer who served before July 29, 1945; and,(a) Was assigned to an area of immediate military hazard as determined by the Secretary of Defense while in time of war, or in a Presidentially declared national emergency; or,(b) Served in the Philippine Islands on December 7, 1941, and continuously in such islands thereafter.d. Public Health Service(1) A Commissioned Officer of the Regular or Reserve Corps of the Public Health Service who served on full-time duty on or after July 29, 1945. If the service of the particular Public Health Service Officer falls within the meaning of active duty for training, as defined in section 101(22), title 38, United States Code, he or she must have been disabled or died from a disease or injury incurred or aggravated in the line of duty.(2) A Commissioned Officer of the Regular or Reserve Corps of the Public Health Service who performed full-time duty prior to July 29, 1945:(a) In time of war;(b) On detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or,(c) While the Service was part of the military forces of the United States pursuant to Executive Order of the President.(3) A Commissioned Officer serving on inactive duty training as defined in section 101(23), title 38, United States Code, whose death resulted from an injury incurred or aggravated in the line of duty.e. World War II Merchant Mariners(1) United States Merchant Mariners with oceangoing service during the period of armed conflict, December 7, 1941, to December 31, 1946. Prior to the enactment of Public Law 105-368, United States Merchant Mariners with oceangoing service during the period of armed conflict of December 7, 1941, to August 15, 1945, were eligible. With enactment of Public Law 105-368, the service period is extended to December 31, 1946, for those dying on or after November 11, 1998. A DD-214 documenting this service may be obtained by submitting an application to Commandant (G-MVP-6), United States Coast Guard, 2100 2nd Street, SW, Washington, DC 20593. Notwithstanding, the Mariner’s death must have occurred on or after the enactment of Public Law 105-368.(2) United States Merchant Mariners who served on blockships in support of Operation Mulberry during World War II.f. The Philippine Armed Forces(1) Any Philippine Veteran who was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States at the time of their death; and resided in the United States at the time of their death; and,(a) Was a person who served before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including organized guerilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, and who died on or after November 1, 2000; or,(b) Was a person who enlisted between October 6, 1945, and June 30, 1947, with the Armed Forces of the United States with the consent of the Philippine government, pursuant to section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who died on or after December 16, 2003.g. Spouses and Dependents(1) The spouse, surviving spouse or dependent of an eligible Veteran or member of the Armed Forces may be eligible for interment in a national cemetery even if that Veteran is not buried or memorialized in a national cemetery.(2) The surviving spouse of an eligible Veteran who had a subsequent remarriage to a non-Veteran and whose death occurred on or after January 1, 2000, is eligible for burial in a national cemetery, based on his or her marriage to the eligible Veteran.(3) The minor children of an eligible Veteran. For purpose of burial in a national cemetery, a minor child is a child who is unmarried and:(a) Who is under 21 years of age; or,(b) Who is under 23 years of age and pursuing a full-time course of instruction at an approved educational institution.(4) The unmarried adult child of an eligible Veteran. For purpose of burial in a national cemetery, an unmarried adult child is:Of any age but became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution. Proper supporting documentation must be provided.h. Parents(1) Biological or adoptive parents, who died after October 13, 2010, and whose biological or adoptive child was a servicemember:(a) whose death occurred on or after October 7, 2001, and(b) whose death was the result of a hostile casualty or a training-related injury, and(c) who is interred in a national cemetery, in a gravesite with available space for subsequentinterment, and(d) at the time of the parent’s death, had no spouse, surviving spouse, or child who is buried, or who, upon death, may be eligible for burial in a national cemetery.(2) The term “hostile casualty” means a person who, as a member of the Armed Forces, dies as the direct result of hostile action with the enemy, while in combat, while going to or returning from a combat mission if the cause of death was directly related to hostile action, or while hospitalized or undergoing treatment at the expense of the United States for injury incurred during combat, and includes a person killed mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force. The term “hostile casualty” does not include a person who dies due to the elements, a self-inflicted wound, combat fatigue, or a friendly force while the person was absent-without-leave, deserter, or dropped-from-rolls status or was voluntarily absent from a place of duty.(3) The term “training-related injury” means an injury incurred by a member of the Armed Forces while performing authorized training activities in preparation for a combat mission.i. Hmong Individuals(During the Vietnam War, special guerilla units and irregular forces in Laos were directed by the Central Intelligence Agency to disrupt North Vietnamese supply lines, rescue downed United States pilots, and protect the Laotian government from falling to the Communist Pathet Lao. Following the war, some of the individuals who served in these units were relocated to the United States as refugees and were provided an expeditious route to citizenship under the Hmong Veterans' Naturalization Act of 2000, P.L. 106-207, as amended by P.L. 106-415, (“2000 Act”) (codified at 8 U.S.C. § 1423 note). The 2000 Act applied only to individuals who served in these special guerilla units and their spouses who applied for naturalization between May 26, 2000, and November 26, 2001, and to surviving spouses of individuals who served in these special guerilla units who were killed or died in Laos, Thailand, or Vietnam who applied for naturalization between November 1, 2000, and May 1, 2002.)The new category of persons eligible under 38 U.S.C. § 2402(a)(1) includes individuals who:• died on or after March 23, 2018,• resided in the U.S. at the time of death, and• were naturalized under Section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (“2000 Act”).The 2000 Act eased certain naturalization requirements for persons who served with special guerrilla units or irregular forces, operating from a base in Laos, in support of the U.S. military, anytime between February 28, 1961 to September 18, 1978; and their spouses and also persons married to an individual who served in special guerilla units or irregular forces who was killed or died in Laos, Thailand, or Vietnam during that time frame.i Naturalization under the 2000 Act was also available for spouses of those who served in SGU/irregular forces and surviving spouses of those who were killed or died in action while serving in SGU/irregular forces. However, section 251 of Public Law 115-141 only amended VA’s burial eligibility statute to inter eligible to Hmong fighters, not their spouses or surviving spouses.j. OthersSuch other persons or classes of persons as designated by the Secretary of Veterans Affairs (38 U.S.C. § 2402(6)) or the Secretary of Defense (Public Law 95-202, § 401, and 38 CFR § 3.7(x)).Persons Not Eligible for Burial in a National Cemeterya. Former SpousesA former spouse of an eligible individual whose marriage to that individual has been terminated by annulment or divorce, if not otherwise eligible.b. Other Family MembersFamily members of an eligible person except those defined as eligible in Section III, paragraph g (Spouses and Dependents).c. Disqualifying Characters of DischargeA person whose only separation from the Armed Forces was under dishonorable conditions or whose character of service results in a bar to Veterans benefits.d. Discharge from DraftA person who was ordered to report to an induction station, but was not actually inducted into military service.e. Persons Found Guilty of a Capital CrimeUnder 38 U.S.C. § 2411, interment or memorialization in a VA national cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a Federal or State capital crime, for which a sentence of imprisonment for life or the death penalty may be imposed and the conviction is final. Federal officials may not inter in Veterans cemeteries persons who are shown by clear and convincing evidence to have committed a Federal or State capital crime but were unavailable for trial due to death or flight to avoid prosecution. Federally funded State veterans cemeteries must also adhere to this law. This prohibition is also extended to furnishing a Presidential Memorial Certificate, a burial flag, and a headstone or marker.f. Persons convicted of Certain Sex OffensesUnder 38 U.S.C. § 2411, interment or memorialization in a VA national cemetery or in Arlington National Cemetery is prohibited if a person is convicted of a Tier III sex offense, who was sentenced to a minimum of life imprisonment and whose conviction is final. Federally funded State and Tribal organization Veterans cemeteries must also adhere to this law. This prohibition also applies to Presidential Memorial Certificate, burial flag, and headstone and marker benefits.g. Subversive ActivitiesAny person convicted of subversive activities after September 1, 1959, shall have no right to burial in a national cemetery from and after the date of commission of such offense, based on periods of active military service commencing before the date of the commission of such offense, nor shall another person be entitled to burial on account of such an individual. Eligibility will be reinstated if the President of the United States grants a pardon.h. Active or Inactive Duty for TrainingA person whose only service is active duty for training or inactive duty training in the National Guard or Reserve Component, unless the individual meets the eligibility criteria listed in Section III.1.b. of this information sheet.i. Other GroupsMembers of groups whose service has been determined by the Secretary of the Air Force under the provisions of Public Law 95-202 as not warranting entitlement to benefits administered by the Secretary of Veterans Affairs.National Cemetery AdministrationState Veteran’s Cemetery's are run by the state which each state has their own requirements of who can be buried there. Most states just require being a veteran. Some states are funded while others are not.Alabama State Veterans CemeteryThe Alabama State Veterans Cemetery is located in Spanish Fort. Eligibility for interment in the State Veterans Cemetery follows National Cemetery Administration eligibility requirements.In general, veterans discharged under conditions other than dishonorable and their spouses and dependent children are eligible. Residency requirements exist.For spouses or dependent children, a fee will be charged on the day of interment. For veterans, there is no cost.There are also three national VA cemeteries in Alabama.Arizona Veteran CemeteriesThe state of Arizona has 3 Veterans' cemeteries which are located in Camp Navajo, Marana, and Sierra Vista. Any veteran who has an other-than-dishonorable discharge is eligible for burial. Spouses and certain dependents are also eligible for burial. There is no charge for interment for veterans, and a one-time nominal fee for eligible spouses and dependentsArkansas State Veterans' CemeteriesThere are two Arkansas State Veterans Cemeteries, one in North Little Rock, and one in Birdeye.Veterans who have an other than dishonorable discharge are eligible for interment, along with certain others. Spouses and dependent children are also eligible. There is no cost for the veteran and a $300 cost for the spouse or dependent.California State Veteran CemeteriesThere are 3 state veterans cemeteries within California:California Central Coast Veterans Cemetery - MontereyNorthern California Veterans Cemetery - IgoYountville Veterans Cemetery - YountvilleComplete, professional burial services at no cost to veterans ($500 fee for spouses or dependents).Veterans, dependents and survivors who meet VA eligibility requirements for burial in a national cemetery may be eligible.Colorado State Veterans' CemeteryThe Veterans Memorial Cemetery of Western Colorado is located in Grand Junction. Eligibility for burial in the cemetery is the same as for Department of Veterans Affairs (VA) national cemeteries but includes a residency requirement.Connecticut State Veterans CemeteryAny veteran discharged with other than a dishonorable discharge is eligible for burial in the state veterans cemetery in Middletown. Spouses are also eligible for this benefit.Delaware State Veterans CemeteryThere are two state veterans cemeteries in Bear and Millsboro.Eligibility for burial is generally similar to burial requirements for a National Veterans Cemetery and include a residency requirementGeorgia State Veterans CemeteriesAny veteran or their family may be buried in one of the two Georgia State Veterans Memorial Cemeteries in Milledgeville or Glennville. Eligibility requirements are the same as for burial in a VA cemetery, and require an other-than-dishonorable discharge.Hawaii State Veterans CemeteriesHawaii has 7 state veterans cemeteries located in:HiloKailua-KonaKaneoheKauna KakaiLanai CityLihueMakawaoVeterans, spouses, and some dependents are eligible for internment. There may be a small fee charged for burial.Idaho State Veterans CemeteryThe Idaho State Veterans Cemetery is located adjacent to the Dry Creek Cemetery in Northwest Boise. The eligibility requirements for burial at the Idaho State Veterans Cemetery follow the National Veterans Cemetery eligibility requirements and Idaho law. There is no requirement to be a resident of the state of Idaho.Indiana Veterans Memorial CemeteryThe Indiana Veterans Memorial Cemetery is located next to the Madison State Hospital and Clifty Falls State Park in Madison, Indiana. Any Hoosier veteran eligible to be buried in a national cemetery will be eligible for burial in the cemetery. Spouses are also eligible.Burial AllowancesEach county auditor is authorized to pay up to an amount not to exceed $100 for the burial of a veteran or the veteran's spouse, and to pay up to $100 for the setting of a federal headstone. Veterans must have received an honorable discharge, and an application must be filed with the county auditor in the county of residence.Iowa State Veterans CemeteryThe Iowa Veterans Cemetery is Located 10 miles west of Des Moines, near Van Meter, the cemetery is available to all veterans, their spouses, and dependent children for burial. Honorably discharged veterans will be interred at no charge and spouses/dependents will be buried for a $300 fee.Kansas State Veterans CemeteriesKansas has 4 state veterans' cemeteries in Ft. Dodge, Ft. Riley, Wakeeney, and Winfield. Veterans who received an "other-than-dishonorable" discharge, guard and reservists with at least 20 years of qualifying service, or those who die on active duty are eligible for burial.Dependents are also eligible for burial. There is no fee for veterans or their dependents, and there is no Kansas residency requirement.Kentucky Veterans CemeteriesKentucky Veterans Cemeteries are located in Hopkinsville, Fort Knox, Williamstown, and Greenup County.Any Kentucky resident veteran or any veteran who was stationed in Kentucky is eligible for burial. There is no fee.Louisiana Veterans CemeteriesThe state of Louisiana has 4 cemeteries located in Keithville, Leesville, Rayville, and Slidell. The cemeteries are available for qualifying veterans, their spouses and dependent children, there is no charge for veterans and only a small fee for spouses and dependent childrenMaine Veterans Memorial CemeteryThe Maine Veterans' Memorial Cemetery System consists of four cemeteries. One of which is located in Caribou, two in Augusta and one in Springvale. Burial is free of charge to veterans with an other-than-dishonorable discharge as well as their dependents.Maryland State Veterans CemeteryMaryland has five state veterans' cemeteries located in Cheltenham, Crownsville, Flintstone, Hurlock, and Owings Mills. A burial plot is provided to eligible veterans and their eligible dependents, when the veteran is a resident of the State of Maryland and has received an honorable discharge.Plots are available on a first-come, first-served basis.There is no cost to the veteran for burial plot, opening/closing, headstone and State liner (if used). Eligible dependents have a minimal opening/closing cost and a direct cost for State liner (if used).Massachusetts State Veterans' CemeteriesThere are two state veterans cemeteries in Massachusetts (Agawam and Winchendon) where eligible veterans can be buried at no cost. There will be a nominal fee for the burial of spouses and eligible dependents.Michigan Veterans' Burial ExpensesUnder state law, eligible veterans and some spouses/surviving spouses, who meet residency and asset limits, may qualify for $300 for burial expenses paid by the County Board of Commissioners or the Board of County Auditors.Minnesota State Veterans CemeteryMinnesota has two state veterans cemeteries in Little Falls and Preston. Burial is open to all veterans with an other-than-dishonorable discharge.Veterans are interred free of charge, dependents may pay a small fee.Mississippi State Veterans Memorial CemeteryThe cemetery is located approximately three miles east of Newton on Highway 80.Veterans, their spouses and eligible dependent children can be buried in the cemetery.Burial for veterans is free, a fee must be paid to bury non-Veteran spouses and eligible dependent children.Missouri State Veterans CemeteriesThere are five State Veterans Cemeteries, one each in Springfield, Higginsville, Bloomfield, Ft. Leonard Wood, and Jacksonville.There is no charge for any of the services provided. Eligibility is the same as for a federal cemetery, there is no residency requirement. Spouses, and dependent children may be eligible for burial.Montana State Veterans' CemeteriesThe State of Montana maintains three Veterans Cemeteries, they are located in Helena, Missoula, and Miles City.Spouses may be buried along with the Veteran.There is a small charge for burial. Non residents may also be eligible.Nebraska Veterans CemeteryThe State of Nebraska operates a veterans cemetery in Alliance. Veterans and their dependents are eligible for burial at no charge. Eligibility requirements are the same as federal veterans cemeteries.Nevada State Veterans' CemeteryNevada has two veterans cemeteries, in Fernley and Boulder City. There is no charge for the plot, vault and opening & closing of a gravesite for a veteran. A $450 fee (subject to change) is charged for the burial of the spouse or dependent of a veteran.New Hampshire Veterans CemeteryAll veterans are eligible for interment in the NH State Veterans Cemetery in Boscawen, you don't need to be a NH resident. There is a fee, spouses are also eligible.New Jersey State Veteran CemeteryFree interment and perpetual care is available for NJ resident veterans, their spouses and dependent children in the Brigadier General William C. Doyle Veterans Memorial Cemetery in Wrightstown.New Mexico State Veterans CemeteryThe New Mexico state veterans cemetery in Ft. Stanton is open to honorably discharged veterans and their spouses.North Carolina State Veterans CemeteriesThere are four state veterans cemeteries: Black Mountain, Goldsboro, Jacksonville, and Spring Lake. Honorably discharged North Carolina veterans can be buried for free, there is a small charge for spouses.North Dakota Veterans CemeteryThe North Dakota Veteran's Cemetery is located near Mandan. Veterans and their spouses are eligible for burial. There is no charge for the veteran, a small fee is charged for the spouse. You DO NOT have to be a North Dakota resident.Rhode Island Veterans' CemeteryThe Rhode Island state veterans cemetery is located in Exeter. Honorably discharged Rhode Island wartime veterans, twenty-year retirees of the Rhode Island National Guard, reserve components are eligible. Some spouses and dependents may also be eligible for burial.South Carolina Veterans CemeteryThe M.J. "Dolly" Cooper veterans cemetery is located in Anderson. Burial is open to honorably discharged SC resident veterans and their spouses. There is no charge for the veteran's burial and a small fee for the spouse. Dependent children may be eligible for burial.South Dakota Burial & Memorial BenefitsBurial AllowanceA payment of up to $100 may be paid by the state to help defray the burial and funeral expenses of any honorably discharged veteran or the spouse or surviving spouse of a veteran when the estate, or immediate family of the deceased is lacking in funds to pay the expenses.Headstone Setting FeeThe state will pay $100 towards the cost of setting a government headstone or marker at the grave of a veteran who was a resident for one year before entering active duty or one year preceding death.Tennessee Veterans CemeteriesTennessee has four state veterans cemeteries, two in Knoxville, and one each in Memphis and Nashville. There is no fee for veteran interment, and a small fee for spouse and dependent children.Generally veterans with an "other than dishonorable" discharge are eligible.Texas Veterans CemeteriesTexas has four state veterans cemeteries in Abilene, Corpus Christi, Killeen, and Mission. All Texas veterans their spouses and dependent children are eligible for burial.There is no charge for burial of the veteran or their family.Utah Veterans CemeteryThe Utah state veterans cemetery is located in Bluffdale. The cemetery generally follows the eligibility requirements of VA National Cemetery System. Reservists and National Guard retirees are eligible for burial also.Surviving spouses and dependent children are also eligible for burial.There is no fee for the veteran and a small fee for dependents.Vermont State Veterans CemeteryThe Vermont Veterans Memorial Cemetery is located in Randolph Center. Veterans, their spouse, and unmarried minor children are eligible for burial as are National Guard and Reserve members with 20 years of service.There is no cost for the veteran's burial and a small cost for dependents.Virginia Veterans CemeteriesVirginia has three veterans cemeteries located in Amelia, Dublin, and Suffolk.Honorably discharged veterans may be buried at no cost, there is a small cost for their eligible family members.Washington State Veterans CemeteryThe Washington State Veterans Cemetery is located in Medical Lake.In general, veterans discharged under conditions other than dishonorable and their spouses and dependent children are eligible for burial. There is no residency requirement.There is no charge for veteran interments, and a one-time fee of $300.00 fee for eligible dependents. All other funeral expenses are borne by the familyWest Virginia State Veterans CemeteryThe Donel C. Kinnard Memorial State Veterans Cemetery is located in Dunbar. Eligibility for burial is the same as for burial in a national cemetery. Burial is free for veterans, spouses and dependent children pay a small feeWisconsin Veterans CemeteriesWisconsin has three veterans cemeteries in King, Spooner, and Union Grove.Honorably discharged Wisconsin resident veterans and their dependents are eligible for burial. There is no fee for the veteran's burial and a small fee for the dependents.Wyoming Veterans CemeteryThe Oregon Trail State Veterans' Cemetery in Evansville is open to every veteran who receives any discharge other than dishonorable.There is no charge for any burial plot, spouses and dependent children may also be eligible for burial.U.S. Virgin Islands Burial Plot and ExpensesA maximum burial allowance of $3,500 and a free burial plot in the local cemeteries is offered to veterans who are residents and entered the military while residing in the Virgin Islands.

SearchStand-your-ground"Stand your ground" redirects here. For other uses, see Stand Your Ground (disambiguation).A stand-your-ground law (sometimes called "line in the sand" or "no duty to retreat" law) provides that people may use deadly force when they reasonably believe it to be necessary to defend against a threat of death, serious bodily harm, kidnapping, rape, or (in some jurisdictions) robbery or some other serious crimes (right of self-defense). Under such a law, people have no duty to retreat before using deadly force in self-defense, so long as they are in a place where they are lawfully present.[1]Stand-your-ground laws cannot be invoked by someone who is the initial aggressor, or who is otherwise engaged in criminal activity. The exact details vary by jurisdiction.The alternative to stand your ground is "duty to retreat." In states that implement a duty to retreat, even a person who is unlawfully attacked (or who is defending someone who is unlawfully attacked) may not use deadly force if it is possible to instead avoid the danger with complete safety by retreating.Even duty-to-retreat states generally follow the "castle doctrine," under which people have no duty to retreat when they are attacked in their homes, or (in some states) in their vehicles or workplaces. The castle doctrine and "stand-your-ground" laws provide legal defenses to persons who have been charged with various use of force crimes against persons, such as murder, manslaughter, aggravated assault, and illegal discharge or brandishing of weapons, as well as attempts to commit such crimes.[2]Whether a jurisdiction follows stand-your-ground or duty-to-retreat is just one element of its self-defense laws. Different jurisdictions allow deadly force against different crimes. All American states allow it against threat of death, serious bodily injury, and likely kidnapping or rape; some also allow it against threat of robbery and burglary.A 2018 RAND Corporation review of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase firearm homicides in particular."[3]In 2019, RAND authors indicated additional evidence had appeared to reinforce their conclusions.[4]JurisdictionsEditUnited StatesEditLawsEditStand your ground law by US jurisdictionStand-your-ground by statuteStand-your-ground by judicial decisionDuty to retreat except in one's homeDuty to retreat except in one's home or vehicleDuty to retreat except in one's home or workplaceDuty to retreat except in one's home or vehicle or workplaceMiddle-ground approach (DC)No settled rule (AS, VI)35 states are stand-your-ground states, 27 by statutes providing "that there is no duty to retreat an attacker in any place in which one is lawfully present": Alabama, Alaska, Arizona, Florida, Georgia, Idaho, Indiana, Iowa,[5] Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, and Wyoming; Puerto Rico is also stand-your-ground.[6][7] Of these, at least ten include "may stand his or her ground" language (Alabama, Florida, Georgia, Idaho, Kansas, Kentucky, Louisiana, Oklahoma, Pennsylvania, and South Carolina.)[7] Pennsylvania limits the no-duty-to-retreat principle to situations where the defender is resisting attack with a deadly weapon.The remaining 8 of the 35 stand-your-ground states[8] have case law/precedent or jury instructions so providing: California,[9][10] Colorado,[11][12] Illinois, New Mexico, Oregon, Vermont,[13] Virginia,[14] and Washington; the Commonwealth of the Northern Mariana Islands also falls within this category.15 states impose a duty to retreat when one can do so with absolute safety: Arkansas, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Minnesota, Nebraska, New Jersey, New York, North Dakota, Ohio, Rhode Island, and Wisconsin. New York, however, does not require retreat when one is threatened with robbery, burglary, kidnapping, or sexual assault.Washington, D.C. adopts a "middle ground" approach, under which "The law does not require a person to retreat," but "in deciding whether [defendant] and reasonably at the time of the incident believed that s/he was in imminent danger of death or serious bodily harm and that deadly force was necessary to repel that danger, you may consider, along with any other evidence, whether the [defendant] could have safely retreated ... but did not."[15]There is no settled rule on the subject in American Samoa and the U.S. Virgin Islands.In all the duty to retreat states, the duty to retreat does not apply when the defender is in the defender's home (except, in some jurisdictions, when the defender is defending against a fellow occupant of that home). This is known as the "castle doctrine."In Connecticut, Delaware, Hawaii, Nebraska, and North Dakota, the duty to retreat also does not apply when the defender is in the defender's place of work; the same is true in Wisconsin and Guam, but only if the defender is the owner or operator of the workplace.In Ohio and Wisconsin and Guam, the duty to retreat also does not apply when the defender is in the defender's vehicle.22 states have laws that "provide civil immunity under certain self-defense circumstances" (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee, West Virginia, and Wisconsin).[7] At least 6 states have laws stating that "civil remedies are unaffected by criminal provisions of self-defense law" (Hawaii, Missouri, Nebraska, New Jersey, North Dakota, and Tennessee).[7]ControversyEditStand-your-ground laws are frequently labeled "shoot first" laws by opposition groups, including the Brady Campaign to Prevent Gun Violence.[16]In Florida, self-defense claims tripled in the years following enactment.[16][17]Opponents argue that Florida's law makes it potentially more difficult to prosecute cases against individuals who commit a crime and claim self-defense. Before passage of the law, Miami police chief John F. Timoney called the law unnecessary and dangerous in that "[w]hether it's trick-or-treaters or kids playing in the yard of someone who doesn't want them there or some drunk guy stumbling into the wrong house, you're encouraging people to possibly use deadly physical force where it shouldn't be used."[18][19]A counter argument is that implementing a duty-to-retreat places the safety of the criminal above a victim's own life.[20]In Florida, a partisan task force created by former Democratic state Sen. Chris Smith of Fort Lauderdale found the law to be "confusing".[21]Those discussing issues with the group included Buddy Jacobs, a lawyer representing the Florida Prosecuting Attorneys Association. Jacobs recommended the law's repeal, stating that modifying the law would not fix its problems. In a July 16, 2013 speech in the wake of the jury verdict acquitting George Zimmerman of charges stemming from the shooting death of Trayvon Martin, Attorney General Eric Holder criticized stand-your-ground laws as "senselessly expand[ing] the concept of self-defense and sow[ing] dangerous conflict in our neighborhoods."[22]The defendant, George Zimmerman, claimed he was restrained at the time of the shooting, thus allowing no option for retreat and making 'stand your ground' irrelevant to the case.[23]In 2014, Florida's legislature considered a bill that would allow people to show a gun or fire a warning shot during a confrontation without drawing a lengthy prison sentence.[24]In 2017 there was a bill proposed in Florida's state legislature that would require the prosecution to prove that a defendant's use of self-defense was not valid.[25]In 2018, the shooting of Markeis McGlockton led some civil rights activists and politicians to call for abolition of the statute.[26]Racial disparityEditIn 2012, in response to the Trayvon Martin case, the Tampa Bay Times compiled a report on the application of stand your ground, and also created a database of cases where defendants sought to invoke the law.[27][28][29]Their report found no racial disparity in Florida cases in which defendants claiming self-defense under the law are prosecuted, with Caucasian subjects being charged and convicted at the same rate as African American subjects, and results of mixed-race cases were similar for both white victims of black attackers and black victims of white attackers.[27][29]Victims of African American attackers overall were more successful at using the law than victims of Caucasian attackers, regardless of the victim's race claiming self-defense, but analysis showed that black attackers were also more likely to be armed and to be involved in committing a crime, such as burglary, when shot.[27][28][29]A Texas A&M study found that when whites use the stand-your-ground defense against black attackers they are more successful than when blacks use the defense against white attackers.[30]A paper from The Urban Institute which analysed FBI data found that in stand-your-ground states, the use of the defense by whites in the shooting of a black person is found to be justifiable 17 percent of the time, while the defense when used by blacks in the shooting of a white person is successful 1 percent of the time.[30][31]In non-stand-your-ground states, the shooting of a black person by a white is found justified approximately 9 percent of the time, while the shooting of a white person by a black is found justified approximately 1 percent of the time.[30][31]According to the Urban Institute, in Stand Your Ground states, white-on-black homicides are 354 percent more likely to be ruled justified than white-on-white homicides, even though they are more common by over 72 percent.[32]The paper's author noted that the data used do not detail the circumstances of the shooting, which could be a source of the disparity. They also noted that the total number of shootings in the FBI dataset of black victims by whites was 25.[33]A 2015 study found that cases with white victims are two times more likely to result in convictions under these laws than cases with black victims.[34]Effects on crimeEditA 2018 RAND Corporation review of existing research concluded that "there is moderate evidence that stand-your-ground laws may increase homicide rates and limited evidence that the laws increase firearm homicides in particular."[3]In 2019, RAND authors published an update, writing "Since publication of RAND's report, at least four additional studies meeting RAND's standards of rigor have reinforced the finding that "stand your ground" laws increase homicides. None of them found that "stand your ground" laws deter violent crime. No rigorous study has yet determined whether "stand your ground" laws promote legitimate acts of self-defense.[4]A 2017 study in the Journal of Human Resources found that Stand Your Ground laws led to an increase in homicides and hospitalizations related to firearm-inflicted injuries. The study estimated that at least 30 people died per month due to the laws.[35]A 2013 study in the Journal of Human Resources found that Stand Your Ground laws in states across the U.S. "do not deter burglary, robbery, or aggravated assault. In contrast, they lead to a statistically significant 8 percent net increase in the number of reported murders."[36]A 2016 study in the Social Science Journal found that stand-your-ground laws were not associated with lower crime rates.[37]A 2016 study in the Journal of the American Medical Association compared homicide rates in Florida following the passage of its "stand your ground" self-defense law to the rates in four control states, New Jersey, New York, Ohio and Virginia, which have no similar laws. It found that the law was associated with a 24.4% increase in homicide and a 31.6% increase in firearm-related homicide, but no change in rates of suicide or suicide by firearm, between 2005 and 2014. It noted that, "[c]ircumstances unique to Florida may have contributed to our findings, including those that we could not identify," and "[o]ur study examined the effect of the Florida law on homicide and homicide by firearm, not on crime and public safety".[38][39]The study was criticized by researcher and gun rights advocate John Lott, for studying only one state and focusing on a narrow definition of effectivness. Studies conducted by Lott’s Crime Prevention Research Center found that the loosening of restrictions on defensive gun use, including “stand your ground laws”, led to a decrease in crime overall.[40]Gun rights activist Andrew Branca was critical of the AMA study for not distinguishing between justifiable homicides and murder, and for relying solely on statutory laws while overlooking case law (i.e. Virginia) in determining the data set.[41]The study's methodology was defended by Duke University professor Jeffrey Swanson for its use of other states as controls, saying "[t]hey look at comparable trends in states that didn't pass the law and don't see the effect.".[42]In a 2007 National District Attorneys Association symposium, numerous concerns were voiced that the law could increase crime. This included criminals using the law as a defense for their crimes, more people carrying guns, and that people would not feel safe if they felt that anyone could use deadly force in a conflict. The report also noted that the misinterpretation of clues could result in use of deadly force when there was, in fact, no danger. The report specifically notes that racial and ethnic minorities could be at greater risk because of negative stereotypes.[43]A 2012 study examined whether a prominent Stand Your Ground shooting, Joe Horn shooting controversy, in 2007, which brought public attention to Texas' stand-your-ground law impacted crime. The study found that subsequent to the shooting, burglaries decreased significantly in Houston, but not in Dallas, over a 20-month period.[44]A 2015 study found that the adoption of Oklahoma's stand-your-ground law was associated with a decrease in residential burglaries, but also that the law had "the unintended consequence of increasing the number of non-residential burglaries."[45]Florida's stand-your-ground law went into effect on October 1, 2005. Florida state representative Dennis Baxley, an author of the law, said that the violent crime rate has dropped since the enactment of the law, though he said there may be many reasons for the change. Others have argued that the law may lead to an increase in crime.[46]Violent crime data for 1995 – 2015 has been published by the Florida Department of Law Enforcement.[47]CanadaEditIn Canada, there is no duty to retreat under the law. Canada's laws regarding self-defence are similar in nature to those of England, as they centre around the acts committed, and whether or not those acts are considered reasonable in the circumstances. The sections of the Canadian criminal code that deal with self-defence or defence of property are sections 34 and 35,[48]respectively. These sections were updated in 2012 to clarify the code, and to help legal professionals apply the law in accordance with the values Canadians hold to be acceptable.Czech RepublicEditMain article: Gun laws in the Czech Republic § Self defense with firearmsThere is no explicit stand-your-ground or castle doctrine provision in the laws of the Czech Republic; however, there is also no duty to retreat from an attack.[49]In order for a defense to be judged as legitimate, it may not be "manifestly disproportionate to the manner of the attack".[50]England and WalesEditThe common law jurisdiction of England and Wales has a stand-your-ground law rooted in the common law defence of using reasonable force in self-defence.In English common law there is no duty to retreat before a person may use reasonable force against an attacker, nor need a person wait to be attacked before using such force, but one who chooses not to retreat, when retreat would be a safe and easy option, might find it harder to justify his use of force as 'reasonable'.[51]Any force used must be reasonable in the circumstances as the person honestly perceived them to be, after making allowance for the fact that some degree of excess force might still be reasonable in the heat of the moment.[52]In the home, the householder is protected by an additional piece of legislation in which is specified that force used against an intruder is not to be regarded as reasonable if it is 'grossly disproportionate' (as distinct from merely 'disproportionate' force, which can still be reasonable).GermanyEditGerman law permits self-defense against an unlawful attack.[53]If there is no other possibility for defense, it is generally allowed to use even deadly force without a duty to retreat.[54]However, there must not be an extreme imbalance ("extremes Missverhältnis") between the defended right and the chosen method of defense.[55]In particular, in case firearms are used, a warning shot must be given when defending a solely material asset.[56]If the self-defense was excessive, its perpetrator is not to be punished if they exceeded on account of confusion, fear or terror.[57]IrelandEditUnder the terms of the Defence and the Dwelling Act, property owners or residents are entitled to defend themselves with force, up to and including lethal force. Any individual who uses force against a trespasser is not guilty of an offense if he or she honestly believes they were there to commit a criminal act and a threat to life. However, there is a further provision which requires that the reaction to the intruder is such that another reasonable person in the same circumstances would likely employ it. This provision acts as a safeguard against grossly disproportionate use of force, while still allowing a person to use force in nearly all circumstances.The law was introduced in response to DPP v. Padraig Nally.A person who uses such force as is permitted by section 2 in the circumstances referred to in that section shall not be liable in tort with respect to any injury, loss or damage arising from the use of such force.The force used is only such as is reasonable in the circumstances as he or she believes them to be—(i) to protect himself or herself or another person present in the dwelling from injury, assault, detention or death caused by a criminal act,(ii) to protect his or her property or the property of another person from appropriation, destruction or damage caused by a criminal act, or(iii) to prevent the commission of a crime or to effect, or assist in effecting, a lawful arrest.It does not matter whether the person using the force had a safe and practicable opportunity to retreat from the dwelling before using the force concerned.This law does not apply to force used against a member of An Garda Siochána (Irish Police) or anyone assisting them, or a person lawfully performing a function authorised by or under any enactment.PolandEditStand your ground law applies to any kind of threat by an attacker that endangers the victim's safety, health, or life. The victim has no obligation to retreat, as said in a statement by the Supreme Court of Poland on February 4, 1972: "The assaulted person is under no obligation either to escape or hide from the assailant in a locked room, nor to endure the assault restricting his freedom, but has the right to repel the assault with all available means that are necessary to force the assailant to refrain from continuing his assault."[58]In practice, according to the judgments of the Polish courts, the right to self-defense is very rarely used, and if being used is the basis for applying criminal charges. For these reasons, self-defense is very rarely used as a basis for acquittal in Polish courts.ReferencesFurther readingLast edited 1 month ago by OgamD218RELATED ARTICLESJustifiable homicideCastle doctrineRight of self-defense in MarylandContent is available under CC BY-SA 3.0 unless otherwise noted.Privacy policyTerms of UseDesktop