Thursday, April 12, 2012

Not a ‘License to Murder’


This is one of the best articles I have read on “Stand Your Ground” and other gun laws. It will help in trying to successfully discuss our rights with those who think that it is better to die than defend ourselves or others.
From nationalreview.com

Since the Trayvon Martin shooting in Sanford, Fla., made headlines, various commentators have called on states to repeal their “Stand Your Ground” and “Castle Doctrine” laws. New York mayor Michael Bloomberg has called Stand Your Ground a “license to murder.” However, these laws are reasonable protections for citizens who defend themselves, and in fact they are unlikely to determine the fate of Martin’s shooter, George Zimmerman.

States without these laws typically impose a “duty to retreat.” This means that when a person is attacked, he may not fight back unless he is unable to get away safely. A Castle Doctrine law removes this duty on one’s own property, and a Stand Your Ground law removes this duty in public places, allowing victims to meet force with force. In Florida, victims may assert immunity from prosecution under Stand Your Ground — but they have to prove to a judge at an evidentiary hearing, by a preponderance of the evidence, that they acted in self-defense.

These laws typically include safeguards to avoid abuse. For example, the Castle Doctrine sometimes does not apply to conflicts between two people who live in the same house. And Florida’s Stand Your Ground law justifies lethal force only if a person reasonably fears death or serious injury. It also does not apply if the alleged victim was engaged in illegal activity when the attack happened.

Read it all here …