Anti-Gunners Lead the Charge Against Self-Defense Measures
March 20, 2006
by Joseph P. Tartaro
Executive Editor
The debate over any piece of legislation is always phrased in terms that support the arguments of proponents and opponents. Bills are given names by their sponsors that are designed to promise a benefit. On the other hand, opponents coin their own names in an effort to defeat the measure.
Since most anti-gunners are also opposed to the moral principal of self-defense, they have a hard time opposing anything that bolsters the right to survival unless that can promote new fears.
A good example of this principal can be found in the current debate raging in several states over new laws that are designed to level the playing field in self-defense cases. Proponents of such legislation, which was first passed and signed into law in Florida, call such measures “Stand Your Ground,” “No Retreat” or “Castle Doctrine” measures.
Opponents have labeled them “License to Murder” and “Shoot First” bills. And what is most interesting is to read some of the anti-gun screeds against all of the measures that are designed to help protect those who must use force in a deadly encounter.
The anti-gunners argue that no reforms are necessary since there is already an established body of law regarding the right to self-defense. They accuse the National Rifle Association and others supporting the revisions to state laws related to the use of deadly force of a subterfuge designed to protect murderers.
What the anti-gunners don’t tell you is that the laws regarding the legal use of force in self-defense vary considerably from state to state. Of course, that is precisely the reason why these reform measures are being debated at the state level.
One of the most interest examples of just how different existing state laws are and why the issue is being addressed arises in Arizona. Arizona is one of only two states in the country that places the burden of proof in self-defense cases on the citizen instead of the state. That is why there are actually two measures in Arizona that correct the current “guilty-until-you-prove-your-innocence” standard in state self-defense cases, one by legislation and another by referendum.
Arizona Update
In the Arizona capital on Feb. 27 state senators gave preliminary approval to both measures specifying that when someone claims self-defense, prosecutors must prove beyond a reasonable doubt it’s not true.
State law already permits people to use deadly physical force to stop or prevent specified serious crimes. These two measures say people are presumed to be entitled to shoot to kill if someone either illegally or forcibly enters a home or occupied motor vehicle.
But the broader provisions alter the state’s self-defense statutes.
Under current law, individuals who say they had no choice but to kill an assailant have to prove that’s true by a preponderance of the evidence, meaning a judge or jury has to believe it is likely the killing was justified.
The new measures say once a person claims self-defense, it’s up to prosecutors to prove, beyond a reasonable doubt, the defendant was not justified in using deadly physical force.
Sen. Tim Bee (R-Tucson), sponsor of the legislative approach, noted that Arizona law read the same way until about a decade ago.
Both measures require a final roll-call vote before going to the state House of Representatives, which already is considering similar proposals.
Other States
Arizona is not the only state where lawmakers are debating the question of justification for the use of deadly force.
In Georgia, SB-396, that state’s “Castle Doctrine” bill, sponsored by Sen. Greg Goggans (R-7th Dist.), was overwhelmingly approved by the full Senate and is awaiting a final vote in the state House. SB-396 would remove a Georgia citizen’s duty to retreat when faced with attack.
In Mississippi, the state House approved SB-2426, the “Castle Doctrine” and self-defense law reform bill sponsored by Sens. Charlie Ross (R-Brandon) and Ralph Doxey (R-Holly Springs). SB-2426 has now moved back to the Senate, which is expected to agree with the House amendments and send the bill to Governor Haley Barbour’s (R) desk.
In New Hampshire, a vote on SB-318, the Granite State’s “Castle Doctrine” legislation, was imminent in the state Senate as this issue of Gun Week went to press. This legislation, sponsored by Sen. Peter Bragdon (R-Milford), gives back the rights that have been eroded or taken away by the current judicial system. In the face of unlawful attack, law-abiding citizens would not be forced to retreat or run from a place they have a right to be.
In Michigan, “deadly force” legislation is under heavy fire from gun control groups.
The debate over Michigan’s gun laws has intensified as a legislative committee heard testimony in early March on a bill supporters say would give law-abiding people more self-defense rights in certain situations.
Gun control groups say the bills are reckless and could create a public safety hazard by fostering a shoot-first, ask-questions-later mentality.
The Michigan bills would establish a presumption of reasonable fear of death or injury when a law-abiding person uses force in certain circumstances. A threatened person would have no duty to retreat and would be able to meet force with force in situations such as a home invasion or, in certain situations, a carjacking.
Rally in Harrisburg
Gunowners and sportsmen will march on Harrisburg, PA, on Mar. 14 in support of new legislation to protect their constitutional rights.
The Allegheny County Sportsmen’s League, in conjunction with the Pennsylvania Sportsmen’s Association, Pennsylvania Federation of Sportsmen’s Clubs, Pennsylvania Gun Owners Association and other state “grassroots” gun and sportsmen organizations, has planned a Right to Keep and Bear Arms Pro-Gun Press Conference and Rally from 9 to 11 a.m. on the Capitol Building steps on Mar. 14.
Two pieces of legislation to be introduced will address gun registration and self-defense rights.
Sen. John Pippy (R-37th Dist.) and Rep. Daryl Metcalfe (R-12th Dist.) will introduce legislation to end registration of law-abiding gunowners when they buy a firearm and redirect monies to measures that help police fight crime. Currently the Pennsylvania State Police keeps records on both long gun and handgun purchases.
Kim Stolfer, Allegheny County Sportsmen’s League legislative committee chairman, said such record keeping is unlawful.
“I have a letter from the FBI stating the Pennsylvania State Police are breaking federal law in retaining gun registration information on the sale of firearms to law-abiding citizens,” Stolfer said.
Also to be introducted is self-defense rights legislation based on the traditional “Castle Doctrine” that combines with the “no-retreat” approach to protect people from being victimized a second time by a court system if they defend themselves with a firearm.
“This legislation will shield the law-abiding gun owner from lawsuits when they partake in lawful use of a firearm for self defense,” Stolfer said.
Nearly 50 legislators have signed on as legislation supporters. Speakers expected to attend the rally include: Larry Pratt, executive director of Gun Owners of America; Dr. John Lott, nationally recognized expert on gun control; Stolfer, chairman of Firearms Owners Against Crime; Melody Zullinger, executive director of the Pennsylvania Federation of Sportsmen’s Clubs, and Harry Schneider, chairman of the Pennsylvania Sportsmen’s Association.
Buses are being arranged that will leave the Pittsburgh area the morning of the rally and return the evening of the same day. For information, contact Stolfer at: 412-221-3346, or by e-mail at: activist@fyi.net.
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