2A.org/noduty

Everyone is on their own to protect themselves and their families and communities.

Under current U.S. law, it’s firmly established that the government bears no obligation to safeguard individual citizens. This approach is reasonable and feasible, as imposing liability on the government for every harmful human encounter would prove prohibitively expensive and complex. However, important reform is absolutely necessary : 2A.org seeks to overhaul this existing principle, transforming it from one of essentially no protective duty into a framework where the government must protect citizens—and incurs liability—whenever it designates a “gun-free” zone. Instead of an absolute wall absolving government of liability and obligation, it should be a veil that is pierced when government forcefully disarms Citizens. If government decides one can’t protect oneself, it is taking on the duty. This is part of 2A.org’s Duty2Protect.org movement.

1981: Warren v District of Columbia
DC Court of Appeals held that, unless a person is in custody or some other unusual special relationship, there isn’t a specific legal duty to protect an individual. So if you call 911, and they don’t save you from harm/death, you/your family can’t sue them for compensation as it isn’t their job to protect you.

1989: DeShaney v Winnebago County Depart of Social Services
The US Supreme Court issue a similar ruling: there is no specific obligation to protect.

2005: Castle Rock v Gonzales
SCOTUS again rules there is no duty to protect an individual.

2020: Ex Rel Hernandez v Peterson
US Court of Appeals, 11th Circuit reaffirms all of the above cases and states, “…settled caselaw makes clear that official acts of negligence or even incompetence in this setting do not violate the right to due process of law.” Even when the government, in negligence, willfully refuses to help someone or – out of incompetence – fails to do so, they are not responsible nor liable.

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