'Self-Defense' Bill Introduced in House of Representatives

[SB88LX]

*edit* Go Bartlett

 

[Jay Kominek]

Why hasn't the whole Second Amendment Caucus signed on yet? Can they not do so while Congress is on vacation or something?

 

[Amegatek]

I especially like this part:

(4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them.

What if the violent felon is DOA after the SD incident? Would we still be subject to a lawsuit by BG's next of kin? Food for thought...

 

[DelayedReaction]

So what's the status of the bill? Is it doomend to languish in committee?

 

[Catuela]

I too an bothered by the lack of wording allowing an idividual to protect a citizen that is not in his/her home or in his family.

The way I read it, if I defend my girlfriend or my best-friend or my personal property (i.e. vehicle or place of business) from an attack with lethal force, this bill would not cover me.

A step in the right direction but we still have a long way to go.

 

[Nathaniel Firethorn]

Why hasn't the NRA pushed this one?

- pd

 

[c_yeager]

This law would help people in some states, but there are a number of states which have self-defense laws that are more generous than this. I wonder what is going to happen in that case.

For example, here is the (VERY SIMPLE) Washington State law regarding justifiable homocide:

RCW 9A.16.050

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his presence, or upon or in a dwelling, or other place of abode, in which he is.

This law is significantly more liberal (small "L") than the federal proposal. Notice that the law doesnt technically even require "fear for your life" or really the life of anyone. Notice that the defense of others as well as property is expressly allowed. Notice the last provision that expressly allows deadly force in preventing *any* felony wether it be a felony commited against the shooter, or even in their presence. These are things that are abscent from the proposed federal law that i think should be included.

 

[CAPTAIN MIKE]

Just think - getting Attorneys' Fees from Anti-Gunners

The part of the bill that has teeth is the right to sue people for interfering wiht your rights AND getting paid your attorneys' fees in the process.

Kewl...

 

[armoredman]

Sunk in commitee - will never see the light of day....unless some especially brave soul attaches it to the Lawful Commerce In Arms bill, in committee.

 

[LAR-15]

It doesn't have to stay in committee.

Tom Delay could bring it straight to the floor.

 

[armoredman]

Will he?

 

[LAR-15]

Majority Leader:

1-202-225-4000

 

[armoredman]

"Mailbox full" - will try again Monday, when they are in. Time difference between here and Wonderland is 3 hours.

 

[Nathaniel Firethorn]

This law would help people in some states, but there are a number of states which have self-defense laws that are more generous than this.

Not the point of the bill in question, which is to insure that people who are interested in protecting themselves are not deprived of the means to do so by state or local governments or extragovernmental agencies.

Specifically, such a law could be used to sue any state that violates its citizens' 2A rights in Federal court (which, presumably, would be less subject to political control.) I can think of several examples where it would be useful...

- pd

 

[CZ-100]

Florida just recently passed a law similar to this. Takes affect Oct. 1, 2005.

One of its provisions was that you could not be sued civility for protecting yourself.

 

[Warren]

HAHAHA

The dude's name is Roscoe. How appropriate.


I hope, if this passes that it does not become the maximum standard for self-defense.

I. e. anything not listed can be prohibited and so forth.