Relates to the licenses to enemy or allies of enemy insurance or reinsurance companies doing business in the United States.

Relates to Presidential authority under the Trading With the Enemy Act to regulate transactions in foreign exchange of gold and silver, property transfers, vested interests, enforcement and penalties "during the time of war or during any other period of national emergency declared by the President."

Relates to Presidential authority under the Trading With the Enemy Act to appoint and prescribe the duties of an alien property custodian "who shall be empowered to receive all money and property in the United States due or belonging to an enemy.'

Relates to procedures to be followed such as lists of enemy or ally of enemy officers. directors or stockholders of corporations in United States, etc. under the Trading With the Enemy Act.

Relates to suspension of the statute of limitations under the Trading With the Enemy Act on certain contracts and obligations "until after the end of the war."

Relates to claims to property, etc., under the Trading With the Enemy Act in time of war or during national emergency.

Relates to procedures, etc. relating to patents, trademarks or copyrights under the Trading With the Enemy Act.

Relates to Presidential authority under the Trading With the Enemy Act to impose certain prohibitions on imports "during the present war."

Relates to procedures to be followed in the transfer of property to the Alien Property Custodian under the Trading With the Enemy Act..

Relates to refusal to grant clearance for export of gold or silver coin in cargoes "[d]uring the present wer" under the Trading With the Enemy Act."

Relates to the printing, newspaper or publication in foreign languages under the Trading With the Enemy Act.

Relates to the procedure of return of enemy property
by the Alien Property Custodian, under the Trading
With the Enemy Act.

Relates to the shipment of relief supplies under the
Trading With the Enemy Act.

Relates to the authority of the President relating to
intercustodial conflicts involving enemy property un-
der the Trading With the Enemy Act.

§ 785.

§ 1211.

§ 1213.

$1216.

§ 1622.

§ 1742.

§ 1744.

§§ 1878e, 1878s,

1878vv.

§ 2005.
SS 2071-73,
2151-63,
2166.

§ 2093.

§ 2291.

§ 2292.

The restriction on the making of photographs and sketches of properties of the military establishment (originally to be effective for the duration of World War II), is continued in effect "until six months after the termination of the national emergency proclaimed by the President on December 16, 1950."

Relates to renegotiation of contracts for the procurement of property, processes, and services, and construction of facilities "necessary for the national defense." Relates to definitions for purposes of provisions pertaining to renegotiation of contracts. "Department" is defined to include any agency of the Government "exercising functions having a direct and immediate connection with the national defense which is designated by the President during a national emergency proclaimed by the President, or declared by the Congress."

Relates to exceptions to the applicability of certain provisions pertaining to the renegotiation of contracts "during a national emergency proclaimed by the Presi

dent."

"During any national emergency declared by the President or by the Congress," the United States may have exclusive or nonexclusive control and possession of airports disposed of as surplus under authority of this act.

Places limit on compensation to be paid for the use of a vessel by the United States prior to the termination of the 1941 national emergency.

Relates to the sale of surplus war-built vessels.

Relates to the loan of ships to friendly nations in an emergency..

Relates to benefits, etc. for prisoners of war.
Certain powers of the President under the National
Defense Production Act of 1950, are extended to
June 30, 1972, such as: (1) priorities and allocations of
materials and facilities for defense contracts, (2) en-
couragement to small business enterprises to make con-
tributions towards defense efforts, and (3) employment
of experts and consultants, at daily rates of compensa-
tion.

The authority to purchase strategic materials under
· section 303 of the Defense Production Act is extended
from June 30, 1963, to June 30, 1965.

Relates to proclamation of emergency and termination thereof during a civil defense emergency.

Relates to the utilization of Federal departments and agencies during a civil defense emergency.

§ 2293.

§ 2294.

$2295.

$2297.

Relates to the emergency powers of the Civil Defense administrator.

Relates to the liability of the Federal Government for
death or personal injury to employees during a civil
defense emergency.

Relates to the waiver of the Administrative Procedure
Act during a civil defense emergency.

The standby powers of the Administrator of the Office
of Emergency Planning (formerly the Office of Civil
and Defense Mobilization) are extended to June 30,

1962.

§§ 2401-2413. Relates to authority to control exports from the United States "to the extent necessary to exercise the necessary vigilance over exports from the standpoint of their significance to the national security of the United States."

SUBJECT:

October 16, 1979

Survey of State Statutes Governing the Use of Deadly Force
in Self-Defense and the Defense of Property

This is in response to your request for a survey of state statu

tes which (1) require a retreat before deadly force can be used in selfdefense and (2) authorize the use of deadly force in the defense of property.

The majority of states have statutes governing the use of deadly force in the defense of self and the defense of property. These laws take the form of statutes either justifying the use of deadly force generally in 1/ various circumstances or justifying homocide. Twelve states, however, have neither codified defenses or justifications nor justifiable homocide

statutes.

Of the states with statutes dealing with the use of deadly force in the defense of self, Alaska, Arkansas, Connecticut, Delaware, Hawaii,

1/ Alabama, Maryland, Massachusetts, Michigan, Nebraska, North Carolina, Ohio, Rhode Island, Tennessee, Virginia, West Virginia, Wyoming.

2/

Iowa, Maine, New Hampshire, New Jersey, New York, North Dakota, Pennsylvania, and Texas require a retreat before deadly force can be employed. Generally,

no retreat is necessary if the assailed is in his home and/or place of business and was not the original aggressor. homocide statutes have a stated retreat requirement.

Further, none of the justifiable
3/

The statutes of thirty-six states allow the use of deadly force 4/ under defined circumstances in the defense of property. Of these, Arkansas, Kentucky, Maine, Minnesota, Mississippi, New York, North Dakota, Oklahoma, Oregon, Pennsylvania, South Dakota, Utah, and Washington allow the use of

2/ Alaska Stat. § 11.81.335(b) (effective Jan. 1, 1980); Ark. Stat. Ann. 41-507(2)(a); Conn. Gen. Stat. Ann. § 53a-19(b)(1); Del. Code tit. 11, § 464(e)(2); Haw. Rev. Stat. § 703-304(5)(b); Iowa Code Ann. § 704.1 (case law accompanying code section implies duty to retreat); Me. Rev. Stat. tit. 17A, § 108(2)(C)(3)(a); N.H. Rev. Stat. Ann. § 627:4(3)(a); N.J. Stat. Ann. 2C:3-4(2)(b); N.Y. Penal Law § 35.15(2)(a); N.D. Cent. Code § 12.1-05-07(b); Pa. Stat. Ann. tit. 18, § 505(b)(2)(ii); Tex. Penal Code § 9.32(2).

3/ Cal. Penal Code § 197(2); Idaho Code § 18-4009; La. Rev. Stat. Ann. § 14:20; Minn. Stat. Ann. § 609.065; Miss. Code § 97-3-15(e); Nev. Rev. Stat. §§ 200.120, 200.190; N. Mex. Stat. Ann. §§ 30-2-7, 30-2-8; Okla. Stat. Ann. tit. 21, § 733; S. Dak. Compiled Laws Ann. § 22-16-34; Vt. Stat. Ann. tit. 13, 2305; Wash. Rev. Code Ann. § 9A.16.050.

4/ Alaska Stat. § 11.81.350 (effective Jan. 1, 1980); Ariz. Rev. Stat. SS 13-407, 13-408; Ark. Stat. Ann. § 41-508; Colo. Rev. Stat. §§ 18-1-705, 18-1706; Conn. Gen. Stat. Ann. §§ 53a-20, 53a-21; Del. Code tit. 11, § 466(c); Fla. Stat. Ann. §§ 776.012, 776.08; Ga. Code Ann. §§ 26-903,26-904; Haw. Rev. Stat. § 703306(3); I11. Ann. Stat. tit. 38, §§ 7-2, 7-3; Ind. Code Ann. § 35-41-3-2; Kans. Stat. §§ 21-3212, 21-3213; Iowa Code Ann. §§ 704.1, 704.5; Ky. Rev. Stat. 503.080; Me. Rev. Stat. tit. 17A, §§ 104, 105; Mo. Ann. Stat. §§ 563.036, 563.041; Mont. Rev. Codes Ann. § 94-3-104; N.H. Rev. Stat. Ann. §§ 627:7, 627:8; N.J. Stat. Ann. § 2C: 3-6; N.Y. Penal Law § 35.20(3); N.D. Cent. Code § 12.1-05-07(c); Ore. Rev. Stat. § 161.225; Pa. Stat. Ann. tit. 18, § 507(c)(4); Tex. Penal Code § 9.42; Utah Code Ann §76-2-405; see also states statutes listed in note 3, supra.