<P> At common law, self - defence claims are not valid if the defendant could have safely retreated from danger . The castle doctrine is an exception to this duty to retreat . It gives immunity from liability to individuals who acted in self - defence in the home even if they could have safely retreated from the threat and failed to do so . </P> <P> Stand - your - ground laws eliminate the retreat requirement at any location the defendant has a legal right to be . </P> <P> The states that have legislatively adopted stand - your - ground laws are Alabama, Alaska, Arizona, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, Nevada, New Hampshire, North Carolina (Stand Your Ground law (N.C.G.S. 14 51.3)), North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia, Wisconsin . </P> <P> The states that have adopted stand - your - ground in practice, either through case law / precedent, jury instructions or by other means, are California, Colorado, Idaho, Illinois, New Mexico, Oregon, Virginia, and Washington . </P>

Is west virginia a stand your ground state