sorry if a dupe, but i feel its important....
Friday, September 9, 2005
Michigan bills would allow residents to fatally shoot intruders
People who kill someone breaking into their home or vehicle would not be prosecuted.
Associated Press
LANSING -- Michigan residents could fatally shoot someone who breaks into their home or vehicle without facing criminal or civil prosecution under proposed legislation.
The two-bill package, which is opposed by anti-gun violence groups, would assume that a person who forcibly enters or intrudes in a home or occupied vehicle intends to kill or hurt the owner or occupant. It is patterned after a law signed earlier this year in Florida.
The bills, introduced Wednesday, also would eliminate the requirement that people who are being attacked have to retreat before responding, as long as they're in a place they legally have a right to be.
Republican Reps. Tom Casperson of Escanaba and Rick Jones of Grand Ledge introduced the bills. They said the legislation will prevent residents from having to worry about whether they are justified in using force to defend their families and property.
"This legislation makes it clear that you will not be prosecuted or sued for defending your life, family or property in your own home," Casperson said in a written statement. "This will prevent criminals or their families from suing victims for injury or death."
The new Florida law, which takes effect Oct. 1, gives residents the right to defend themselves in public spaces, including on the street or in a place of business.
The Michigan bills are limited to using deadly force to protect a person's home or vehicle, but Jones said he would be willing to consider extending it to other areas.
Carolynne Jarvis of the Michigan Partnership to Prevent Gun Violence criticized the bills. She was an opponent of a 2001 law making it easier to get a Michigan license to carry a concealed weapon.
"When concealed carry was expanded in Michigan, the rationale was that guns only would be used as a last result. This is basically saying guns are going to be the first resort," she said. "It's more likely you're going to end up shooting your son coming home late from a date ... than you are an intruder."
The bills were referred to the House Judiciary Committee.