Stand Your Ground Colorado Style

ByRick Sindeband
stand your groundMy students have started to say in class the Texas stand your ground law is the standard not Florida. I was always taught that Florida was the standard that people looked to when talking about stand your ground law. Many people call Colorado a Stand Your Ground State, but remember we do not have a Stand Your Ground Law (SYG) in Colorado. Our no duty to retreat law is common law or case law. It’s the law of the land for the last 150 years since Colorado became a state.

Here’s the truth, no fluff:

Florida was first and set the bar:

  • In 2005, Florida passed the first modern SYG law.

  • It removed the duty to retreat in any place a person had a legal right to be.

  • The law provided criminal and civil immunity for justified use of force.

  • Florida’s version became the template other states copied—including Texas.

Texas has Stand Your Ground too—but it came later:

  • Texas already had strong self-defense laws in place, but codified its version of SYG more clearly in 2007.

  • It’s similar, but not the national benchmark.

  • Texas law includes a presumption of reasonableness under certain conditions, like Florida, but with its own nuances.

So why do my students say Texas Stand Your Ground is the standard?

  • Likely due to cultural perception: Texas is seen as pro-gun, pro-self-defense, and people assume that means it leads the charge legally.

  • They may not realize that Florida’s law came first, was more controversial, and was cited by lawmakers in other states as the model.

Bottom line for my students:

“Florida wrote the book on SYG. Texas follows the same principles, but Florida made it law first, and their model spread across the country. If you’re studying the roots of this doctrine, Florida is where it all starts.”

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Sources for Florida Stand Your Ground as the Original Model:

  1. Florida Statutes § 776.013 (2005)

  2. National Conference of State Legislatures (NCSL)

  3. Law Review Articles

    • “The Expansion of the Castle Doctrine: Implications for Law and Society” – This widely cited article discusses how Florida’s law in 2005 set a legislative precedent.

    • Stetson Law Review, 2008.

Sources for Texas Law:

  1. Texas Penal Code § 9.31 & § 9.32 (2007 amendments)

  2. Texas House Bill 1815 (2007)

    • This legislative act was part of the self-defense overhaul, reinforcing SYG principles in Texas law.

Summary:

  • Florida was the first to enact a law officially labeled and structured as “Stand Your Ground” (2005).

  • Texas followed with legislative refinement in 2007, but used Florida’s law as a benchmark.

This information is for educational purposes only and not to be considered Legal advice