Houston lawmaker wants to amend Castle Doctrine
“This law, like the Florida law, is a license to kill, especially brown or black people” Rep. Garnet Coleman, an African-American, said of the bill the Texas Legislature passed overwhelmingly in the 2007 session.
“I knew it was a bad legislation for the people I represent,” said Coleman, one of only 13 legislators — all House Democrats — to vote against Senate Bill 378. “Brown and black people are born suspects, and this law, like the Florida law, allows people to shoot first and ask questions later.”
Um, Rep. Coleman, the questions always come after the shooting. Questions like “was this a legal shooting?” If the answer is “Yes,” there’s your answer. I don’t think it matters what anyone’s skin color is.
It’s almost like he’s trying to make it a racial issue, or something.
North Carolina has expanded its Castle Doctrine law to include vehicles and places of work:
Under the new law, the lawful occupant of a home, motor vehicle or workplace isn’t required to retreat prior to using deadly force. The law presumes that a person who unlawfully and by force enters or attempts to enter one of these locations intends to commit an unlawful act involving force or violence.
“I will do whatever it takes to protect my family, myself and other loved ones,” said Rick Mitchell, National Sporting Clays Association (NSCA) Certified Instructor. “Law abiding citizens should never have to fear the possibility of facing prison time for defending themselves or their families from a serious threat. I am glad that the lawmakers are finally getting something right.”
Castle Doctrine Legislation Signed into Law!
Yesterday, Governor Scott Walker signed into law important self-defense legislation for the citizens of Wisconsin. Commonly known as the “Castle Doctrine,” Assembly Bill 69 will provide essential protections for law-abiding citizens who defend themselves and their families from a criminal looking to do them harm. This new law took effect immediately.
“Castle Doctrine” establishes the presumption that an individual who forcibly enters one’s home, business or occupied motor vehicle is there to cause death or great bodily harm, and allows the use of force, including deadly force, against that person. This bill also eliminates any “duty to retreat” so that law-abiding citizens no longer must turn their back on a criminal and try to run when attacked.
Finally, AB 69 provides that any person who uses force, authorized by law, shall not be prosecuted for using such force and also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them. In short, it restores rights to law-abiding people and forces judges and prosecutors to focus on protecting victims.
Another good move in the Badger State.
I heard a loud noise from downstairs a little while ago. Both cats are upstairs, and it was a loud, metallic crash, so I thought it was something in the laundry room. That’s a small room off the kitchen and the only way you can get to it is through the kitchen. The only way to get to the kitchen is to be inside my condo. I thought something might have fallen off a shelf, but—you never know. So I went to my room and got my handgun from my nighttable and went downstairs to see.
There are all sorts of people in this country that think it’s too dangerous for someone to carry a gun when they go to check out noises in their house at night. They think that people should use a baseball bat or golf club (at most) when investigating such things. Fine. Let them. Just don’t tell me that I have to.
I’m a guy, and I do not want to investigate what might end up being a fight with just a stick in my hands. I would never ask my wife, other women, or anyone who is even wimpier than Murdoc to do so if better options are available. But lots of people are asking them to do exactly that.
Sometimes, unfortunately, it won’t be just a fallen coffee mug.
If you don’t want to maybe get shot, do not go uninvited into other peoples’ houses at night.
Kathy Harrington Files “Castle Doctrine” Bill in NC Senate
Kathy Harrington (R), Andrew Brock (R), and Doug Berger (D) have filed a bill in the NC Senate to bring what is known as the “Castle Doctrine” to North Carolina. Under current law, citizens may use deadly force against and intruder in their own homes “if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.” The current law can have the perverse effect of placing the burden of proof for the criminal’s intentions and ability to inflict harm on the homeowner.
The Pennsylvania legislature is also looking at castle doctrine.
Homeowners Haunted By Fatal Encounter
Homeowner Rick Colwell said he heard something that woke him up at about midnight a month ago. He said he checked his house and found no one, but instinct prompted him to load his gun…
The couple said seconds after the search, Alan Charles Hampton came into their bedroom and hit Rick with a stool before launching several blows.
“He hit me with all he had and I blocked the majority of it,” Rick Colwell said. “(I) put one in the tube and just started shooting.”
Hampton, a guy with “a rap sheet and was a schizophrenic who may have been off his medication,” was hit and retreated. He died of his wounds.
This bit is nice:
Officials said this incident was clearly a case of self-defense, but some argue the castle doctrine is too broad, because there doesn’t have to be a threat of physical harm.
Maybe they missed
Alan Charles Hampton came into their bedroom and hit Rick with a stool before launching several blows.
“He hit me with all he had”
Anyone who is in someone else’s house uninvited is a very serious threat.
Legislation to expand Pennsylvania’s so-called “Castle Doctrine” so that gun owners could use deadly force without the “duty of retreat” has been reintroduced in the state House of Representatives…”The bill eliminates the duty to retreat before using lethal force outside of your home if the attacker displays or uses a lethal weapon,” [Rep. Scott Perry (R-York/Cumberland)] said in a statement.
Pennsylvania’s “Castle Doctrine” law is currently quite weak compared to other states with Castle Doctrine.
A similar bill was vetoed last year by Democratic Governor Ed Rendell. Republican Tom Corbett now holds that office.
Michigan’s Castle Doctrine Law and You
From the Michigan Coalition for Responsible Gun Owners (MCRGO):
The basic rule on use of force in self-defense is that the force must be proportional to the threat.
Essentially, deadly force is only authorized in self-defense when preventing: great bodily harm that could lead death, death, or rape (known modernly in Miichigan as sexual assault.) The individual using deadly force in legitimate self defense must have an actual belief that he is preventing one of those three things, and that belief has to be reasonable under all the circumstances. In other words, a jury would have to agree that, if they were in the same situation, they would share that same belief that great bodily harm, death, or sexual assault were about to occur.
Read the whole thing here.