Gomir
Regular Member
Governor Walker to sign the Castle Doctrine Bill on Wednesday, Dec. 7th!!!!!
governor walker to sign the castle doctrine bill on wednesday, dec. 7th!!!!!
Governor Walker to sign the Castle Doctrine Bill on Wednesday, Dec. 7th!!!!!
Without stand your ground, it's barely worth the paper it's printed on. This isn't a BIG step at all, it's a very tiny one.
Without stand your ground, it's barely worth the paper it's printed on. This isn't a BIG step at all, it's a very tiny one.
a day that will live in infamy, at least as far as the criminals are concerned.
Without stand your ground, it's barely worth the paper it's printed on. This isn't a BIG step at all, it's a very tiny one.
I agree,
Wasn't it Lena Taylor who fought hard to keep the "anywhere you are legally able to be" clause out? I guess she doesn't want people to defend themselves against her band of crooks.
NRA has a press release on AB69. The press release says the bill includes "no duty to retreat" which is the often the same as "stand your ground".
My question: Which is correct; NRA Press Release or previous post expressing disappointment in not having "stand your ground" language?
Link: http://www.nraila.org/Legislation/Read.aspx?ID=7187
Question answered: I got a copy of the Bill and the "no duty to retreat" is limited to the home, business, or vehicle and thus is not really a "stand your ground" law in the sense that I typically use when teaching. The next step then is to get legislation that includes "stand your ground in and on any place you have a lawful right to be".
Not only "in your home", but in your "Dwelling".I was wondering the same thing. While not perfect I see this as a very good step. If I'm in my home, business OR vehicle, I don't have to run, I can meet force with force and can't be sued for it or "hope" I don't get charged. Thanks Gov Walker.
895.62 (2) Except as provided in sub. (4), an actor is immune
from civil liability arising out of his or her use of force
that is intended or likely to cause death or great bodily
harm if the actor reasonably believed that the force was
necessary to prevent imminent death or bodily harm to
himself or herself or to another person and either of the
following applies:
(a) The person against whom the force was used was
in the process of unlawfully and forcibly entering the
actor’s dwelling, motor vehicle, or place of business, the
actor was on his or her property or present in the dwelling,
motor vehicle, or place of business, and the actor knew
or had reason to believe that an unlawful and forcible
entry was occurring.
895.62(b) “Dwelling” has the meaning given in s. 895.07 (1)(h).
My driveway happens to be 900 feet long.... So if my wife walks out to the mailbox and somebody attacks her, she can pull out her concealed weapon and defend herself with immunity. That is close to "Stand Your Ground".895.07 (1)(h) “Dwelling” means any premises or portion of a premises
that is used as a home or a place of residence and that part of the
lot or site on which the dwelling is situated that is devoted to resi-
dential use. “Dwelling” includes other existing structures on the
immediate residential premises such as driveways, sidewalks,
swimming pools, terraces, patios, fences, porches, garages, and
basements.
I was wondering the same thing. While not perfect I see this as a very good step. If I'm in my home, business OR vehicle, I don't have to run, I can meet force with force and can't be sued for it or "hope" I don't get charged. Thanks Gov Walker.
NRA has a press release on AB69. The press release says the bill includes "no duty to retreat" which is the often the same as "stand your ground".
My question: Which is correct; NRA Press Release or previous post expressing disappointment in not having "stand your ground" language?
Link: http://www.nraila.org/Legislation/Read.aspx?ID=7187
Question answered: I got a copy of the Bill and the "no duty to retreat" is limited to the home, business, or vehicle and thus is not really a "stand your ground" law in the sense that I typically use when teaching. The next step then is to get legislation that includes "stand your ground in and on any place you have a lawful right to be".
Do you have immunity from civil suits?It is a step in the right direction, but if they would have just changed "home, business, or vehicle" to "anywhere you have a legal right to be" it would be a much better bill. Our law in MI reads like this-
780.972 Use of deadly force by individual not engaged in commission of crime; conditions.
Sec. 2.
(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies:
(a) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent death of or imminent great bodily harm to himself or herself or to another individual.
(b) The individual honestly and reasonably believes that the use of deadly force is necessary to prevent the imminent sexual assault of himself or herself or of another individual.
(2) An individual who has not or is not engaged in the commission of a crime at the time he or she uses force other than deadly force may use force other than deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if he or she honestly and reasonably believes that the use of that force is necessary to defend himself or herself or another individual from the imminent unlawful use of force by another individual.
Not only "in your home", but in your "Dwelling".My driveway happens to be 700 feet long.... So if my wife walks out to the mailbox and somebody attacks her, she can pull out her concealed weapon and defend herself with immunity. That is close to "Stand Your Ground".
Do you have immunity from civil suits?
Yes we do.- PA 314 states that a person who defends himself (or in defense of another individual) with deadly force or less than deadly force anywhere he has a right to be is immune from civil liability for damages. PA 312 provides attorney fees to a defendant if a civil suit is filed and the court determines that the defendant is immune from civil liability under PA 314.