Deadly force law enacted
Hoosiers can defend themselves without fleeing first
By The Associated Press
March 23, 2006
INDIANAPOLIS - Gov. Mitch Daniels signed into law legislation endorsing Indiana residents' right to use deadly force against intruders, a change that prevents courts from ruling that individuals should flee first before using a gun.
The legislation signed into law Tuesday states that Hoosiers do not have to retreat before using deadly force to prevent serious bodily injury to themselves or someone else.
Indiana did not previously require residents to retreat before using a gun or other deadly weapon. The new law, however, clarifies state law and prevents courts from determining that Hoosiers should run before using a gun.
"This bill would eliminate any duty to retreat that a court might decide is necessary," said Rep. Eric Koch, R-Bedford, the bill's author.
The law makes Indiana one of only three states, along with Florida and South Dakota, with a deadly force law. Fifteen other states are considering similar legislation, according to the National Rifle Association.
Critics maintain that such laws can encourage gun violence and the Brady Campaign to Prevent Gun Violence calls such legislation "shoot-first" bills.
"It's really a potentially dangerous solution to a nonexistent problem because there is not a scenario of legitimate self-defense anywhere in the country that doesn't get treated by juries, prosecutors and police as self-defense," said Peter Hamm, a campaign spokesman.
The NRA has lobbied across the nation for what it calls "Stand Your Ground" bills.
"Law-abiding citizens should not be forced to retreat when they're being attacked by criminals whether it's inside their home or outside their home," said Chris W. Cox, NRA chief lobbyist.
Jane Jankowski, the governor's press secretary, said he supports residents' right to use deadly force in a life-threatening situation.