Tuesday, May 30, 2006

States signing on to deadly force law

A campaign by gun rights advocates to make it easier to use deadly force in self-defense is rapidly winning support across the country, as state after state makes it legal for people who feel their lives are in danger to shoot down an attacker � whether in a car-jacking or just on the street. Ten states so far this year have passed a version of the law, after Florida was the first last year. It�s already being considered in Arizona in the case of a deadly shooting on a hiking trail.

At its core, they broaden self-defense by removing the requirement in most states that a person who is attacked has a "duty to retreat" before turning to deadly force. Many of the laws specify that people can use deadly force if they believe they are in danger in any place they have a legal right to be � a parking lot, a street, a bar, a church. They also give immunity from criminal charges and civil liability. "It�s going to give the crooks second thoughts about carjackings and things like that. They�re going to get a face full of lead," Calvey said. He introduced the bill at the request of the local National Rifle Association, and it passed with overwhelmingly support: The House agreed 83-4, the Senate 39-5.

Besides Oklahoma, the nine other states to sign on are Arizona, Alabama, Georgia, Idaho, Indiana, Kansas, Kentucky, Mississippi and South Dakota, according to the NRA.

And there have been a few high-profile defeats, too. Police Chief Nathaniel H. Sawyer Jr. of New Hampton, N.H., said the legislation addressed a problem that does not exist. In 26 years in law enforcement, he has never seen anyone wrongfully charged with a crime for self-defense, he said. The bill would have allowed a person "to use deadly force in response to non-deadly force, even in public places such as shopping malls, public streets, restaurants and churches," Lynch said when he vetoed the legislation. Existing law already gives citizens the right to protect themselves, he said. "The only people that have anything to fear from this type of law is someone who plans on robbing, shooting or raping someone," LaPierre said.

But like Sawyer in New Hampshire, he does not see any instances now or in the past of a victim being prosecuted for failing to retreat. He sees the Florida law, and the national campaign, as an effort by the NRA to build support and keep its members riled up. "The NRA is a victim of its own successes. No political party in Florida today is going to advance any serious gun-control agenda," said Gelber, a Democrat. "What�s left is these little things which have no impact on every day life, but inspire and activate the base."

And, he argued, it gives defense attorneys a potential avenue to seek acquittal for crimes. In effect, criminals will benefit much more often than any innocent victim. "It�s going to give the guy who�s really looking for a fight, or does something totally irresponsible or venal, a defense he would not otherwise have."


OK: Deputy gets gunman: "A young man [probable code for "black"] shot and wounded a 15-year-old boy inside a south Oklahoma City mall Saturday, then was shot and killed by an off-duty sheriff's deputy, authorities said. The gunfire erupted at Crossroads Mall shortly after 6:30 p.m. local time. The wounded boy was taken to a nearby hospital in fair condition, according to ambulance company spokeswoman Lara O'Leary. The names of the alleged gunman and the victim were not immediately released. The age of the dead youth was not immediately known, but paramedics said he appeared to be about the same age as the wounded teen.... "We had a deputy who was here who was on his lunch break and he heard a commotion downstairs, kind of like a couple of guys fighting, then he heard a gunshot," Myers said. The deputy went to a railing and looked down to the first floor of the mall where he saw a young man with a gun. "He turned around with the gun, our deputy shot him, killed the person with the gun," Myers said."

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