Stand your ground everywhere: Republicans seek to expand gun immunity laws across the country – Salon
The debate over controversial stand your ground laws is heating up again, as lawmakers in at least two states are seekingto expand protections for people who commit violence in self-defense.
Republican state lawmakers in Iowa advanced a bill toenhance existing stand your ground lawsin the state on Wednesday. Bya party-line vote 13-7, Republicans on the House Judiciary Committee voted to send House Study Bill 133 to the full House floor for debate. The proposed legislation would expand the so-called castle doctrine part of English common law which maintainsthat a person could defend his life with lethal force if necessary when an intruder entered his home or property to public spaces.
Currently,Iowa law saysone must exhaust other ways of getting to safety if they feel their life is at risk when in public.
Under Republicans proposed changes, a person would not have to exhaust lesser means before using deadly forceif they feel their life is at risk.
It is about the right to self-preservation, Republican Rep. Matt Windschitl saidina House committee meeting on Wednesday. This is about making sure Iowans whoever find themselves in a situation where they have to make a snap decision that they dont have that fear in the back of their mind of being prosecuted, taken to court and losing a whole bunch of money on attorneys fees and time out of their life when they were justified in defending themselves or another person.
However, David Walker, a retired Drake University Law School dean, testifiedthat Iowas castle doctrine already allows Iowans to use deadly force if they reasonably believe their life is endangered in their home or car.
Some of Iowas black residents have expressed concern that the expanded law would bring on more violence, not less.
That is highly concerning to me, because I could just possibly walk in a room,somebody could be afraidand they feel threatened, and Im on the ground with a bullet in my chest,Renaldo Johnson testified at a recent House hearing, according to the Des Moines Register.Just because they are afraid, they can kill someone, he said of his neighbors.
Ive watched my son walk from the back of my house to the front of my house and be stopped by a police officer because he fits the bill of that kid, Des Moines resident Laural Clinton testified.Im a parent, and this law scares me.
Clinton told the House panel, Im not anti-gun.Im anti-stand your ground.
The Republicans proposal also allows citizens who believe they are adversely affected by anynew guns-free zone on state or local government property can sue for damages.
In Florida, Republican lawmakers want to change that states existing stand your ground law to make prosecutors prove a defendant wasnt acting in self-defense before proceeding to trial, a measure being decried by law-enforcement and gun-control critics.
The change to the Sunshine States 2005 law wouldshift the burden of proof from defendants to prosecutors during the pre-trial phase of court proceedings for cases in which the defendant invokes self-defense.
Floridas existing stand your ground law received worldwide scrutiny after the 2012 killing of unarmed black teenager Trayvon Martin by an armed neighborhood watchman George Zimmerman.
Although the law was not ultimately used in Zimmermans defense, his trial and eventual acquittalbrought to light the states uneven application of the law.
After Martins death, the Tampa Bay Times conducted an investigation of almost 200 stand your ground cases and found that such cases are on the rise largely because defense attorneys are using stand your ground in ways states never envisioned. The paper noted that defendants claiming stand your ground are more likely to prevail if the victim is black and that blacks who use stand your ground are almost 15 percent more likely to face a penalty for doing so than their white peers.
Marrissa Alexander, an African-American woman whose stand your ground defense against a husband with an admitted history of abuse was denied by a judge during a pre-trial hearing, supports Republican efforts to change the law.
Here is a black woman who had a history of abuse against her and tried to use stand your ground and ended up with a 20-year sentence, Bruce Zimet, one of Alexanders lawyers recently told the New York Times. Alexander told the Times she believes the stand your ground law was never considered by her judge. She spent almost a half-dozen years either locked in prison or confined to her house after she was convicted of aggravated assault charges in 2012 for firing a warning shot at her husband. Her conviction was overturned on appeal in 2013.
Florida was the first state to pass a stand your ground law, in 2005, with strong support from the National Rifle Association. According to the American Civil Liberties Union, 23 other states have such laws.
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Stand your ground everywhere: Republicans seek to expand gun immunity laws across the country - Salon