mich castle doctrine

imported post

for mich residents. I strongly encourage you to review the revised castle doctrine, aka the shoot first law. me personally, I carry a copy in my wallet along with other documents which might get my old ass out of trouble. anyway, the old idea of the criminal has to be in your house with a weapon is history! in short, you now have the right to protect yourself, family, or property anywhere! along with other changes too lengthly to post here. you can download a copy from the mich state police website. check it out.

I think I posted this but can't find it-- I said I would post as I find them so here it is again.




[align=center]"CASTLE DOCTRINE"[/align]
7/26/06

Some new protection against criminals is on the books. MICHIGAN IS LATEST STATE TO ENACT NRA-BACKED

"CASTLE DOCTRINE" LEGISLATION!

On July 20, Governor Jennifer Granholm (D) signed into law a package of six self-defense bills backed by NRA,

bringing "Castle Doctrine" protections to law-abiding Michigan citizens.

"I want to thank the Michigan Legislature and Governor Jennifer Granholm for working together in making this victims' rights bill law," said NRA-ILA Executive Director Chris W. Cox. "When you're confronted by a criminal, you don't have the luxury of time. This "Castle Doctrine" package states that if victims choose to stand their ground and fight, their decision will not be second-guessed by the State of Michigan. The ability to protect yourself, your children, or your spouse from harm is important, whether you're in your home or outside."

The six-bill "Castle Doctrine" Package passed with bi-partisan, supermajority support in both houses of the Michigan legislature:

HB 5143, sponsored by Rep. Rick Jones (R-71), creates the "Self Defense Act" and specifies that it is not a crime to use force or deadly force to defend oneself if that person is not breaking any laws when defensive force was used. The person must be facing imminent threat of death or great bodily harm.

SB 1046, sponsored by Sen. Alan Cropsey (R-33), outlines rebuttal presumptions for justified use of self-defense. The bill makes it clear that there is no "duty to retreat" if a person is in a place where he or she has a legal right to be.

SB 1185, sponsored by Sen. Ron Jelinek (R-21), allows for the award of court and attorney fees in civil cases where it was determined a person acted in accordance with the "Self Defense Act" and where civil immunities apply.

HB 5548, sponsored by Rep. Tim Moore (R-97), gives civil immunities to persons acting in accordance with the "Self Defense Act," preventing criminals and their families from suing law-abiding citizens.

HB 5153, sponsored by Rep. Leslie Mortimer (R-65), puts the burden of proof on the prosecutor to show that a person acted unlawfully in the application of force, rather than the person using the force having to prove they acted lawfully.

HB 5142, sponsored by Rep. Tom Casperson (R-108), expands the definition of "dwelling" to include a person's garage, barn, backyard, etc.

"On behalf of all NRA members in Michigan, I want to thank each of the bills' chief sponsors for their leadership in seeing these measures become law," Cox said. "The Castle Doctrine is about putting the law back on the side of the victim; the way it's supposed to be."

imported post

I'll do that right now as soon as i get done typing this

imported post

OK which Doc are you referring to the 2-08 or the other ones the ones that i looked at, say that no city local etc can in more less terms infringe on our right to carry anywhere that it is not a crime my state regs.... Do you have a DOC to add to the information? so that i will know which Doc that you are referring too:celebrate

imported post

I'm sorry but I don't understand what doc you mean. If you are reffering to the castle doctrine, I have posted the documents already in my corrections posting. or if you mean the city ordinances, that's what I was told by a city police sgt. I was not aware of the fed statute, so I have learned something already. never too old to learn, thanks

imported post

WARCHILD wrote:

for mich residents. I strongly encourage you to review the revised castle doctrine, aka the shoot first law. me personally, I carry a copy in my wallet along with other documents which might get my old ass out of trouble. anyway, the old idea of the criminal has to be in your house with a weapon is history! in short, you now have the right to protect yourself, family, or property anywhere! along with other changes too lengthly to post here. you can download a copy from the mich state police website. check it out

Click to expand...

Again be careful of what you post. You may have the right to protect yourself anywhere but perhaps not legally. This law protects you if you are in an area you can lawfully be in, that is you have a lawful purpose. It was brought up that it may be possible to prosecute you if you were trespassing for example or doing other illegal things. This also applies to the protection of civil liability. If you are in a store that has signs posted no firearms and you get into a shooting your right to be there may be questioned and you might face civil suits. I'm not sure it this is true or not, but it would be something to ask an attorney about.

imported post

As I always say, let common sense rule-- what you say is true and good advice, but I was merely citing the law, if you choose to interject common sense violations into it, I can't answer for that. have a good day

Since you seem to like to change the scenario of my postings to make a stupid no common sense point. how about this. obviously if your breaking the law my comment wouldn't apply--- or say I was robbing a bank(against the law and I'm not supposed to be there) I shoot a cop who is trying to kill me, am I killing in self defense? the common sense you seem to lack and demonstrate in this forum would be-- "NO"

I don't think I can make it any plainer than that! by the way, I changed my avatar so you can at least have a picture in mind of who you have chosen to berate for no reason. have a good day anyway-----------

imported post

WARCHILD wrote:

As I always say, let common sense rule-- what you say is true and good advice, but I was merely citing the law, if you choose to interject common sense violations into it, I can't answer for that. have a good day

Since you seem to like to change the scenario of my postings to make a stupid no common sense point. how about this. obviously if your breaking the law my comment wouldn't apply--- or say I was robbing a bank(against the law and I'm not supposed to be there) I shoot a cop who is trying to kill me, am I killing in self defense? the common sense you seem to lack and demonstrate in this forum would be-- "NO"

I don't think I can make it any plainer than that! by the way, I changed my avatar so you can at least have a picture in mind of who you have chosen to berate for no reason. have a good day anyway-----------

Click to expand...

WARCHILD wrote:

for mich residents. I strongly encourage you to review the revised castle doctrine, aka the shoot first law. me personally, I carry a copy in my wallet along with other documents which might get my old ass out of trouble. anyway, the old idea of the criminal has to be in your house with a weapon is history! in short, you now have the right to protect yourself, family, or property anywhere! along with other changes too lengthly to post here. you can download a copy from the mich state police website. check it out

Click to expand...

You didn't really cite the law, you made a broad statement that you can legally defend yourself anywhere. I pointed out that this is not always true. As I said in my example you could be shopping in a mall the was gun free and you had to defend yourself, that is you were being law abiding, but because your were technically trespassing the stand your ground law may not be applied to you. Or you might not be charged with a crime but could be subject to a civil suit.

And my picture is below

imported post

I am truly sorry we got off to a bad start. I acknowledged you were correct. but I was going under the premis it would be understood that my statement was true as long as you were acting in a lawabiding manner. How about we start over and get this old fart on the right track.

imported post

WARCHILD wrote:

I am truly sorry we got off to a bad start. I acknowledged you were correct. but I was going under the premis it would be understood that my statement was true as long as you were acting in a lawabiding manner. How about we start over and get this old fart on the right track.

Click to expand...

I don't mean for any of my statements to be personal. It's just that for the most part the forum likes to have as precise of information thatit can. Words have meaning and this is particularly true in regards to the law.

Also it's aggravating to have a new person come on and start making opinions on the law that are incorrect or have been discussed and corrected. That is why I suggest that a new participant review all the previous topics before they post something. Most of the concerns and information you seek have already been discussed. We appreciate participation and we don't mind opinions as long you state them as opinions andnot facts.

Open carry isn't common in Michigan because until recentlya person without a CPL could only transport a handgun under very controlled conditions. The last exemption below now allows the transport of a handgun almost anywhere in the state by someone without a CPL. Note it states to private property, to me this means that you couldn’t park your car at a public lot or at a parking meter. But that’s my opinion. So open carry should become more common as people realize they can transport their handguns more freely than in the past.

The law defines ‘lawful purpose’ as:

• While en route to or from a hunting or target shooting area.
• While transporting a pistol to or from home or place of business and a place of repair.
• While moving goods from one place of residence or business to another place of residence or business.
• While transporting a licensed pistol to or from a law enforcement agency for the purpose of having a safety inspection performed (registering the pistol) or to have a law enforcement official take possession of the pistol.
• While en route to or from home or place of business to a gun show or place of purchase or sale.
• While en route to or from home to a public shooting facility or land where the discharge of firearms is permitted.
• While en route to or from home to private property where the pistol is to be used as permitted by law, rule, regulation, or local ordinance. [/b]

I can come on strong but I’m really a softie at heart. No hard feelings, and lets get back to educating the public.

imported post

WARCHILD wrote:

.....this old fart.....

Click to expand...

I resemble that remark.

imported post

I understand and agree with what you say. I appreciate your understanding for a newbee and look forward to learning all I can. thanks, Jerry

imported post

this is truly ironic! I use that phrase all the time with my kids.

imported post

WARCHILD wrote:

this is truly ironic! I use that phrase all the time with my kids.

Click to expand...

What do thay say about great minds?