I 

117TH CONGRESS 

1ST SESSION H. R. 6248 

To amend title 18, United States Code, to provide an affirmative defense 

for certain criminal violations, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2021 

Mr. GAETZ (for himself, Mr. GOHMERT, Mr. STEUBE, Mrs. GREENE of Georgia, Mr. GOSAR, Mr. MULLIN, and Mr. WEBER of Texas) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide an affirmative defense for certain criminal violations, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stand Your Ground 

5 Act of 2021’’. 

6 SEC. 2. CERTAIN AFFIRMATIVE DEFENSES. 

7 (a) AFFIRMATIVE DEFENSE.—Part I of title 18, 

8 United States Code, is amended by adding at the end the 

9 following new chapter: 


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1 ‘‘CHAPTER 124—AFFIRMATIVE DEFENSES 

2 ‘‘SEC. 2730. AFFIRMATIVE DEFENSE FOR CERTAIN CRIMI3 NAL VIOLATIONS. 

4 ‘‘(a) USE OR THREATENED USE OF FORCE IN DE5 FENSE OF PERSON.—It shall be an affirmative defense to 

6 a violation of this title if: 

7 ‘‘(1) A person is justified in using, threatening, 

8 or attempting to use force, except deadly force, 

9 against another when and to the extent that the per10 son reasonably believes that such conduct is nec11 essary to defend himself or herself or another 

12 against an agressor’s imminent use of unlawful 

13 force. A person who uses or threatens to use force 

14 in accordance with this paragraph does not have a 

15 duty to retreat before using or threatening to use 

16 such force. 

17 ‘‘(2) A person is justified in using, threatening, 

18 or attempting to use deadly force if he or she rea19 sonably believes that using, threatening, or attempt20 ing to use such force is necessary to prevent immi21 nent death or great bodily harm to himself or herself 

22 or another or to prevent the imminent commission of 

23 a forcible felony. A person who uses, threatens, or 

24 attempts to use deadly force in accordance with this 

25 paragraph does not have a duty to retreat and has 


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1 the right to stand his or her ground if the person 

2 using, threatening, or attempts to use the deadly 

3 force is not engaged in a criminal activity and is in 

4 a place where he or she has a right to be. 

5 ‘‘(b) DEFINITIONS.—In this section: 

6 ‘‘(1) DUTY TO RETREAT.—The term ‘duty to 

7 retreat’ means that if a person is under attack, he 

8 or she should first seek retreat as the preferred al9 ternative to using force to act in self-defense. 

10 ‘‘(2) FORCIBLE FELONY.—The term ‘forcible 

11 felony’ includes treason, murder, manslaughter, sex12 ual battery, carjacking, home-invasion robbery, rob13 bery, burglary, arson, kidnapping, aggravated as14 sault, aggravated battery, aggravated stalking, air15 craft piracy, unlawful throwing, placing, or dis16 charging of a destructive device or bomb, and any 

17 other felony which involves the use or threat of phys18 ical force or violence against any individual. 

19 ‘‘(3) STAND YOUR GROUND.—The term ‘stand 

20 your ground’ means the allowance of an individual 

21 to defend himself or herself by any means necessary 

22 when his or her life is threatened.’’. 

23 (b) EFFECTIVE DATE; APPLICABILITY.—The amend24 ments made under subsection (a) shall take effect on the 

25 date of the enactment of this Act and may be used as 


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1 an affirmative defense by a defendant in the prosecution 

2 of a criminal offense initiated after the date of the enact3 ment of this Act. 

Æ 


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