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Thread: South Carolina Bill Wants to Apply 'Stand Your Ground' Law to Fetuses

  1. #1
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    South Carolina Bill Wants to Apply 'Stand Your Ground' Law to Fetuses

    But the controversy over the proposed law is not so much that it extends the “stand your ground” law to include unborn babies but, by doing so, it effectively grants full constitutional rights to unborn fetuses from the moment of conception.

    https://news.vice.com/articles/south...law-to-fetuses ^^

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    http://www.scstatehouse.gov/sess120_.../bills/527.htm

    http://www.scstatehouse.gov/code/t16c011.php#16-11-441

    SECTION 16-11-440. Presumption of reasonable fear of imminent peril when using deadly force against another unlawfully entering residence, occupied vehicle or place of business.

    (A) A person is presumed to have a reasonable fear of imminent peril of death or great bodily injury to himself or another person when using deadly force that is intended or likely to cause death or great bodily injury to another person if the person:

    (1) against whom the deadly force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if he removes or is attempting to remove another person against his will from the dwelling, residence, or occupied vehicle; and

    (2) who uses deadly force knows or has reason to believe that an unlawful and forcible entry or unlawful and forcible act is occurring or has occurred.

    (B) The presumption provided in subsection (A) does not apply if the person:

    (1) against whom the deadly force is used has the right to be in or is a lawful resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder; or

    (2) sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship, of the person against whom the deadly force is used; or

    (3) who uses deadly force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

    (4) against whom the deadly force is used is a law enforcement officer who enters or attempts to enter a dwelling, residence, or occupied vehicle in the performance of his official duties, and he identifies himself in accordance with applicable law or the person using force knows or reasonably should have known that the person entering or attempting to enter is a law enforcement officer.

    (C) A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.

    (D) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or a violent crime as defined in Section 16-1-60.

    (E) A person who by force enters or attempts to enter a dwelling, residence, or occupied vehicle in violation of an order of protection, restraining order, or condition of bond is presumed to be doing so with the intent to commit an unlawful act regardless of whether the person is a resident of the dwelling, residence, or occupied vehicle including, but not limited to, an owner, lessee, or titleholder.

    HISTORY: 2006 Act No. 379, Section 1, eff June 9, 2006.
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  3. #3
    Regular Member sudden valley gunner's Avatar
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    I say let the fetuses have as many weapons as they can acquire.
    I am not anti Cop I am just pro Citizen.

    U.S. v. Minker, 350 US 179, at page 187
    "Because of what appears to be a lawful command on the surface, many citizens, because
    of their respect for what only appears to be a law, are cunningly coerced into waiving their
    rights, due to ignorance." (Paraphrased)

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    Regular Member OC for ME's Avatar
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    Hate to say it, I'm siding with the "murder on demand" crowd. Just another example of state legislators passing stupid laws. Instead of, oh, I don't know, like constitutional carry in SC, maybe?
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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    Quote Originally Posted by OC for ME View Post
    Hate to say it, I'm siding with the "murder on demand" crowd. Just another example of state legislators passing stupid laws. Instead of, oh, I don't know, like constitutional carry in SC, maybe?
    Never happen. Follow the money to P4P and GOSC.
    I am responsible for my writing, not your understanding of it.

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