Connecticut Duty to Retreat and Castle Doctrine

Connecticut is a "duty to retreat" state. Unlike states with stand-your-ground laws, Connecticut generally requires retreat before deadly physical force when a person knows they can avoid its necessity with complete safety, with exceptions for a person in their dwelling or place of work who was not the initial aggressor and for peace officers or private persons assisting them at their direction and acting under CGS 53a-22. Understanding these rules is essential for any Connecticut firearms owner.^[1]

The Duty to Retreat

Under CGS 53a-19(b), a person is not justified in using deadly physical force upon another person if they know they can avoid the necessity of using such force with complete safety by retreating.^[1]

This means that when confronted with a deadly threat in a public space, such as a street, store or parking lot, a person must attempt to retreat before using deadly force, if they can do so with complete safety. The standard is whether the person knows they can retreat safely, not simply whether retreat might be theoretically possible. If retreat would expose the person to additional danger, the duty does not apply.

The duty to retreat applies only to the use of deadly force. Subject to CGS 53a-19(c), a person may use reasonable, non-deadly physical force to defend themselves from what they reasonably believe to be the use or imminent use of physical force, using the degree of force they reasonably believe necessary, without first retreating.^[1]

The Castle Doctrine and the Home or Work Exception

Connecticut's Castle Doctrine is codified within CGS 53a-19(b)(1). The statute provides that a person shall not be required to retreat if they are:^[1]

• In their dwelling (as defined in CGS 53a-100); and
• Were not the initial aggressor

The same exception applies to a person's place of work. A person in their home or workplace who was not the initial aggressor is not required to retreat, provided all other conditions for the lawful use of deadly force under CGS 53a-19 are met.^[1]

A "dwelling" is defined under CGS 53a-100 as a building which is usually occupied by a person lodging therein at night, whether or not a person is actually present at the time.^[2] This covers houses, apartments, condominiums, and similar residences.

Additional Exceptions to the Duty to Retreat

Beyond the home and workplace, CGS 53a-19(b) exempts peace officers and private persons assisting them at their direction while acting under CGS 53a-22 from retreat. It also requires avoiding deadly force by surrendering property or complying with a qualifying demand when the person knows they can do so with complete safety.^[1]

• Peace officers: A peace officer performing official duties under CGS 53a-22, or a private person assisting such an officer at the officer's direction, is not required to retreat
• Property disputes: A person is not justified in using deadly force if they know they can avoid the necessity of using it with complete safety by surrendering possession of property to someone asserting a claim of right to it, or by complying with a demand to refrain from an act they are not obliged to perform

Connecticut Is Not a Stand-Your-Ground State

Connecticut does not have a stand-your-ground law. Stand-your-ground laws generally remove the duty to retreat before using force in self-defense where a person has a legal right to be and is not engaged in unlawful activity. Deadly force still requires a legally sufficient threat, such as imminent death or great bodily harm. Outside the dwelling and workplace exceptions, Connecticut generally requires retreat before deadly force when a person knows they can avoid its necessity with complete safety. Peace officers and private persons assisting them at their direction while acting under CGS 53a-22 are also exempt from retreat.^[1]

A 2012 report from the Connecticut General Assembly's Office of Legislative Research examined the Castle Doctrine and stand-your-ground laws, describing the Castle Doctrine as an exception to Connecticut's requirement to retreat when able to do so.^[3]

How Courts Evaluate Retreat

Connecticut courts evaluate the duty to retreat based on the specific facts of each case. The question is whether the defendant knew they could retreat with complete safety, not whether a hypothetical reasonable person might have retreated.

Practical Implications for Firearms Owners

Connecticut permit holders who carry a firearm for self-defense should understand that the duty to retreat applies in most public locations. Before using deadly force outside the home or workplace, a person must retreat if they know they can avoid the necessity of using such force with complete safety, unless a statutory exception applies. Inside the home, the Castle Doctrine provides broader protections, but the initial aggressor restriction still applies. A homeowner who is the initial aggressor does not qualify for the dwelling exception to retreat. Using physical force first does not necessarily make someone the initial aggressor. Under CGS 53a-19(c), an initial aggressor may regain justification for force by withdrawing and effectively communicating that intent if the other person still continues or threatens physical force.^[1]