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Sen. Carrie Ruud, R-Breezy Point, introduced Senate File 292 in the Senate, but the original is a House of Representatives bill authored by Rep. Jim Nash, R-Waconia, House File 238.

Rep. Josh Heintzeman, R-Nisswa, is one of the sponsors of the House version.

Although the formal title is the Defense of Dwelling and Person Act, both Ruud and Heintzeman described it as a Stand Your Ground bill.

Stand Your Ground laws eliminate the legal expectation that people should try to get away when confronted with aggression outside the home, rather than use force. This expectation is called the common-law duty to retreat and is used to determine whether people truly were justified in using deadly force or not.

Stand Your Ground laws drew nationwide attention when Floridas version of the law played a role in the case of George Zimmerman after he shot black teenager Trayvon Martin in 2012.

The existing law in Minnesota, which gives the right to use lethal force to prevent great bodily harm or death, or within ones home in order to prevent a felony, is expanded to authorize lethal force under an additional circumstance.

Under the new proposed law, people would also be authorized to kill in order to stop what they reasonably believe is a forcible felony in most locations, even outside their home. The bill defines forcible felony as a crime punishable by a jail sentence of more than one year, and which includes the use or threat of force. It lists examples of offenses that fit under the criteria, ranging from first degree murder to crimes like arson and third degree assault.

The bill also lowers the threshold for killing to prevent great bodily harm or death to simply substantial bodily harm. Under the definition of the term in a separate, existing Minnesota law, substantial bodily harm is bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily member or organ, or which causes a fracture of any bodily member.

Heintzeman posed the hypothetical scenario of what someone is supposed to do if attacked outside their home.

I think people are worried that if theyre in a parking ramp and somebody approaches them with a knife or a weapon or a bottle or something, even a gun, are they within their right to defend themselves? he said. You tell me . because Castle Doctrine can be interpreted at times (to say) no, you have an obligation to get away rather than defend yourself in that situation.

Heintzeman asked rhetorically where someone could flee to in a parking ramp.

Do you risk going to jail and defend your family, or do you defend yourself in another way? he said.

Crow Wing County Attorney Don Ryan brought up the same scenario of being attacked in a parking ramp to explain why he thought the bill was a bad idea. In Minnesota, people already have the right to use deadly force in self-defense outside the home if deadly force is being meted against them by their assailant -- but they have a legal duty to try and get away first if they can.

Lets say (youre) standing in a parking garage and theres someone 100 yards away, and they pull a knife and put it over their head, Ryan supposed. Theyre saying Im going to kill you and they come running at you. Youre right next your car where you can quickly open it up, close it, lock the car and start driving away. That would be a reasonable duty to escape, right? Under this bill, you could just pull out your gun and shoot them, because theres no duty to retreat anymore.

The Minnesota County Attorneys Association opposed a Stand Your Ground bill when it was introduced earlier in the decade and opposes it now, as its come up in 2017, Ryan said.

From my perspective, I dont see why this bill would enhance public safety, he said.

The bill removes objective standards surrounding self defense and forces law enforcement authorities to prove what people who used deadly force were thinking when they pulled the trigger, Ryan said. It also creates a presumption that people are automatically immune from prosecution if they act in self defense, he said.

Now weve just got people running around with guns, and if they feel threatened, they get to shoot people, he said.

Ruud said she doesnt expect the bill to pass this session, rather, she wants Minnesotans to know gun rights are still a priority to lawmakers. She also wants the initiative to get committee hearings so the new crop of freshman legislators know whats in it.

Although Ruud couldnt think of any specific instances of constituents telling her they werent safe because of existing self defense law, she added that shes heard from those who wish for the elimination of the duty to retreat, inside their home or out.

Asked about the dissent against similar Stand Your Ground Laws, Ruud pointed out that the 2003 law that allowed Minnesotans to carry handguns in public was also met with fears of diminished public safety, which turned out to be overblown.

Im aware of the controversy, but I also know that when we passed the (Citizens) Personal Protection Act, everybody said it was going to be the Wild, Wild, West, she said. In all these years since it passed, we have seen the exact opposite. There hasnt been anyone who has a permit thats really been convicted or used that gun in a crime. So, we think that putting forward good laws, and having people understand what its all about, is the best way to go.

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Northern Minnesota legislators introduce 'Stand Your Ground' bill - Bemidji Pioneer

Nearly five years after his death, Trayvon Martins parents say theyre considering running for political office in hopes of being part of the change the countryneeds, according to a USAToday report.

Sybrina Fulton and Tracy Martin spoke with USAToday ahead of the release of their book, Rest in Power: The Enduring Life of Trayvon Martin, which publishes Tuesday. The book gives a behind-the-scenes look at the teenslife, what his family went through after his death and their role in a nationwide movement to stop racial injustice.

Trayvon Martin was shot to death Feb. 26, 2012 in a Sanford neighborhood by former Neighborhood Watch volunteer George Zimmerman.Zimmerman was acquitted in 2013 of killing the unarmed black 17-year-old.

His death helped spark the Black Lives Matter movement and fueled a nationwide conversation on minority rights.

In the USA Today interview, Trayvon Martins parents said they never wouldve considered running for office before their sons death. Now, its something they feel obligated to do, to be part of the change, said Fulton, Trayvon Martins mother.

Fulton campaigned last year for presidential candidate Hillary Clinton and told USAToday she fears President Donald Trump will reverse whatever change has happened since her sons death, according to the report.

Their political runs could start small, with a look at local offices, but both told USAToday they wontlimit their goals.

Read the full USAToday report here.

The rest is here:
Report: Trayvon Martin's parents considering political runs - Orlando Sentinel

The Associated Press

JACKSONVILLE A Florida woman whose conviction sparked a change in the state's gun laws is now completely free and says she plans to run an organization to help victims of domestic violence caught up in the criminal justice system.

Marissa Alexander told The Florida Times-Union that she wants to help others because "from what I've been through I know a lot more about the system and how it fits together."

"I've been contained since 2011," Alexander said. "But I'm excited to have the chance to give back using whatever platform I have."

Alexander attracted national attention after she was sentenced in 2012 to 20 years in prison for firing a shot near her estranged husband during an altercation. She argued she had fired a "warning shot" and unsuccessfully tried to use Florida's "stand your ground" law as part of her defense.

Her husband denied abusing her and said she shot at him in anger after he insulted her former husband. Prosecutors insisted it wasn't a warning shot because it hit the wall behind Gray and not the ceiling.

Alexander's case became noticed because it was contrasted against what happened to George Zimmerman who was acquitted in the 2012 shooting death of Trayvon Martin after he said he shot an unarmed Martin in self-defense.

Alexander's conviction was thrown out on appeal and she reached a plea deal in 2014. Her case was cited by legislators when they altered Florida's mandatory sentencing law nearly three years ago.

Alexander was released from home detention last week. She has begun the process of setting up the Marissa Alexander Justice Project which will not only focus on female victims of domestic violence but will be critical of minimum-mandatory sentences like the 20 years Alexander once faced after she was initially convicted.

She told the newspaper that her fame is still something she struggles with, rolling her eyes when a reporter told her she's famous but also acknowledging the oddity that many people who've never met her are familiar with her case.

"The surreal moment for me was getting mail from Great Britain and Australia," Alexander said.

Continue reading here:
Woman in "warning shot" case free to help others - The Ledger

Suspect fatally shot after attempting home invasion

BAXTER SPRINGS - It's a frightening ordeal to imagine, but one Baxter Springs resident was recently the victim of an attempted home invasion in broad daylight. The nightmarish situation forced the homeowner into what is being called a self-defense shooting. The home invasion occurred early Sunday afternoon at 234 East 6th Street, in Baxter Springs.

Baxter Springs Chief of Police Mike Kliewer said the suspect entered the residence armed with a knife. The home owners were present at the time, and the suspect assaulted and threatened the home owners with the knife. After a struggle that disarmed the suspect's weapon, one of the residents fatally shot the suspect with a firearm. The suspect was pronounced dead at the scene, and was identified by the Baxter Springs Police Department as Chebonnie E. Saggert, 43.

As there is no apparent connection between Saggert and the home owners, it remains unclear at this time why Saggert broke into the residence. The case is currently under investigation by the Baxter Springs Police Department. The police have reported they've had previous dealings with Saggert, and it is possible he may have known the house was occupied by an elderly couple.

Until the investigation is closed and the police have issued an official report, it's merely speculation, but early evidence suggests the situation is likely to fall under Kansas's "stand-your-ground" law. Kansas is one of several states to have a "castle doctrine", or a law which grants legal protection to an individual who uses a gun for self defense in their home. The term 'castle doctrine' is derived from the dictum that "an Englishman's home is his castle". This concept was established as English law by the 17th century jurist Sir Edward Coke, in his The Institutes of the Laws of England, 1628, and subsequently came to the New World with the colonists.

These days most states have stand-your-ground laws where individuals can use deadly force in circumstances of self-defense. In Kansas the specific laws are Kansas' Self-Defense & Defense of Others Statutes (KSA 2011 21-5220 through 21-5231), and first went into effect in 2006. The laws cleared up a misconception about whether or not individuals had to attempt to retreat. Now, if you're defending yourself, you do not have to retreat, hence the colloquialism, stand-your-ground.

Critics of these types of laws have argued that this allows citizens to use excessive force, and paint a picture of a lawless, wild west. The issue was catapulted into public discussion in 2012 when George Zimmerman, 28, a neighborhood watch volunteer in Sanford, Florida, fatally shot Trayvon Martin, 17.

The stand-your-ground law apparently has not been applied much in Kansas, and no specific numbers are available statewide. A spike in justifiable homicides by citizens could be an indicator that stand-your-ground laws were creating a problem, although justifiable homicides wouldnt necessarily be directly correlated to a stand-your-ground incident. Nationally, the recent rate of justifiable homicides by citizens has been fairly steady, according to the FBI, climbing about four to five percent annually the last decade.

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Homeowner forced into harrowing decision - Leavenworth Times

The parents of Trayvon Martin, the black Florida teen who was killed by a neighborhood watch volunteer in 2012 that helped inspire the Black Lives Matter movement, are mulling a run for political office and are setting their sights as far as the White House.

Speaking with USA Today's Susan Page, Martin's mother, Sybrina Fulton, said that after years of anti-gun violence activism, they now want to be "a part of the change" as politicians, "instead of just telling somebody else."

At first, Fulton, and Martin's father Tracy Martin, said they might campaign for a position at the local level, including county commissioner or city council member.

Asked where it could all go, Fulton replied, "it could go all the way to the White House."

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"There's no limitations. I think once you embark on a journey, you don't minimize your goals, you want to maximize your goals," Martin added.

In February will be five-year anniversary of the Martin's shooting death at the hands of neighborhood watch volunteer George Zimmerman. A jury found Zimmerman not guilty of second-degree murder the following summer.

Fulton endorsed Democratic presidential candidate Hillary Clinton during last year's election season, and spoke at the Democratic National Convention in Philadelphia last summer.

Top Story

President Trump is set to announce his Supreme Court pick Thursday or maybe even earlier, if a rumor flying around Washington is to be believed. There have been reports that Trump, who during the campaign named 21 prospective nominees and promised his final choice would be one of them, has narrowed his options to three, all currently serving on federal courts of appeals: Neil Gorsuch from the 10th Circuit, Thomas Hardiman from the 3rd, and William Pryor from the 11th.

But there's also a feeling in Washington that some other player might still be in the mix.

01/30/17 12:53 AM

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Trayvon Martin's parents are considering running for office perhaps even the White House - Washington Examiner (blog)