"castle doctrine" self defense bill introduced in WI Assembly

[grinner]

Does anyone know what "forcibly enter" means? They use the term multiple times but I'm wondering if there's a definition somewhere.

I assume they mean someone to whom you didn't give permission to enter your residence. Or maybe they require an actual residential barrier to be forcibly broken?

What about a situation like many of us choose until we go to bed at night, where we keep our garage locked, but leave the door to the garage unlocked? Forcibly enter the garage and simply open the door to the residence. Is that forcible entry of the residence?

Or what if a "no trespassing" sign is posted near the door, but the door is unlocked? Simply opening the door requires unauthorized force (not much, but some), but is it forcible entry?

 

[Flipper]

Minnesota "stand your ground."

https://www.revisor.mn.gov/bin/bldbill.php?bill=H1467.0.html&session=ls87

 

[davegran]

Do you read it that way?

Minnesota "stand your ground."

https://www.revisor.mn.gov/bin/bldbill.php?bill=H1467.0.html&session=ls87

If I'm reading it correctly, it sounds like Minnesota will honor any state's permit, come August. Do you read it that way?

 

[McX]

we need a castle doctrine, like Utah's that extends to your vehicle, when your in it. this is reasonable, and conservative.

 

[Da Po-lock]

Does anyone know what is going on with this bill now?

 

[davegran]

In committee for almost 2 months...

Does anyone know what is going on with this bill now?

Here is the "progress" of AB-69; it's been in committee for almost 2 months:

AB69
ASSEMBLY BILL 69
An Act to create 895.62 and 939.48 (1m) of the statutes; relating to: the privilege of self-defense.
2011
03-30-11. A. Introduced by Representatives Kaufert, Mursau, Jacque, LeMahieu, Ziegelbauer, Nass, Kerkman, Williams, Spanbauer, Petryk, Knodl, Petrowski, Kestell, Steineke, August, Litjens, A. Ott, Danou, Tauchen, Krug, Strachota, Ripp, Honadel, Farrow and Thiesfeldt; cosponsored by Senators Wanggaard, Leibham, Holperin, Lazich, Cowles, Olsen, Vukmir, Grothman, Hansen, Galloway, Darling, Harsdorf, Hopper, Taylor and Moulton.
03-30-11. A. Read first time and referred to committee on Judiciary and Ethics .......... 206
04-25-11. A. Representative Van Roy added as a coauthor .......... 254
04-28-11. A. Representative Ballweg added as a coauthor .......... 259

 

[Captain Nemo]

AB-69
With 43 sponsors, co-sponsors and authors you would think this would be a "slam dunk". Wonder what the hold up is?

Assembly
PUBLIC HEARING
Committee on Judiciary and Ethics

--------------------------------------------------------------------------------

The committee will hold a public hearing on the following items at the time specified below:
Thursday, May 26, 2011
9:00 AM
417 North (GAR Hall)
State Capitol

Assembly Bill 69
Relating to: the privilege of self-defense.
By Representatives Kaufert, Mursau, Jacque, LeMahieu, Ziegelbauer, Nass, Kerkman, Williams, Spanbauer, Petryk, Knodl, Petrowski, Kestell, Steineke, August, Litjens, A. Ott, Danou, Tauchen, Krug, Strachota, Ripp, Honadel, Farrow, Thiesfeldt, Van Roy and Ballweg; cosponsored by Senators Wanggaard, Leibham, Holperin, Lazich, Cowles, Olsen, Vukmir, Grothman, Hansen, Galloway, Darling, Harsdorf, Hopper, Taylor and Moulton.
Representative Jim Ott
Chair

 

[gunguy2009]

Overall it seems like a great start. It most definitely needs to include the vehicle tho. Let's say constitutional concealed carry passes June 1st, and on June 4th (being no castle law of any kind passed yet), I am at a stoplight when an armed carjacker runs up to me with his weapon drawn and trained on me... What am I allowed to do?? Can I draw and fire?

 

[paul@paul-fisher.com]

Overall it seems like a great start. It most definitely needs to include the vehicle tho. Let's say constitutional concealed carry passes June 1st, and on June 4th (being no castle law of any kind passed yet), I am at a stoplight when an armed carjacker runs up to me with his weapon drawn and trained on me... What am I allowed to do?? Can I draw and fire?

You do what you gotta do.

When I went to the NRA meeting, they said they didn't support the law as written because it had some big holes.

 

[Motofixxer]

What am I allowed to do?? Can I draw and fire?

Statutes can't control what you do. Can you draw and fire? Sure you CAN. The statutes will play a role in what happens afterwards.

In a car at a light and someone comes up...Maybe it's time to punch that pedal or make a turn from the wrong lane...Do whatever you gotta do to save yourself. Just try not to create another accident.

 

[davegran]

....When I went to the NRA meeting, they said they didn't support the law as written because it had some big holes.

So did they offer any constructive suggestions or just complain? :cuss:

 

[paul@paul-fisher.com]

So did they offer any constructive suggestions or just complain? :cuss:

I believe they said they had an amendment they wanted to offer to fix it. MKEgal, do you remember more than that?

 

[Da Po-lock]

That's kind of what I was getting at in my post about tracking bills. This one has been sitting idle for almost 2 mos. We should know why before they pass it on as good enough then becomes law. I am going to contact klenke and see if he gets back to me. Maybe all the reps need to hear from us now.

 

[protias]

My assemblyman told me he'd like to also see a Stand Your Ground provision in there.

 

[Outdoorsman1]

AB-69
With 43 sponsors, co-sponsors and authors you would think this would be a "slam dunk". Wonder what the hold up is?

Assembly
PUBLIC HEARING
Committee on Judiciary and Ethics

--------------------------------------------------------------------------------

The committee will hold a public hearing on the following items at the time specified below:
Thursday, May 26, 2011
9:00 AM
417 North (GAR Hall)
State Capitol
Assembly Bill 69
Relating to: the privilege of self-defense.
By Representatives Kaufert, Mursau, Jacque, LeMahieu, Ziegelbauer, Nass, Kerkman, Williams, Spanbauer, Petryk, Knodl, Petrowski, Kestell, Steineke, August, Litjens, A. Ott, Danou, Tauchen, Krug, Strachota, Ripp, Honadel, Farrow, Thiesfeldt, Van Roy and Ballweg; cosponsored by Senators Wanggaard, Leibham, Holperin, Lazich, Cowles, Olsen, Vukmir, Grothman, Hansen, Galloway, Darling, Harsdorf, Hopper, Taylor and Moulton.
Representative Jim Ott
Chair[/QUOTE

I have to work... is anybody here going to try and make this hearing...???

Outdoorsman1

 

[BROKENSPROKET]

The Assembly Judicary Committee just had a public hearing on Wednesday, May 26. I just watched it on WI-EYE. Why isn't anybody talking about it?

 

[rcav8r]

nevermind

 

[Nutczak]

"Privilege" of self-defense??

Privilege??

Since when is defending yourself a privilege as opposed to a basic human right?

 

[phred]

Privilege??

Since when is defending yourself a privilege as opposed to a basic human right?

939.48(2)(a)
(a) A person who engages in unlawful conduct of a type likely to provoke
others to attack him or her and thereby does provoke an attack is not
entitled to claim the privilege of self-defense against such attack, except
when the attack which ensues is of a type causing the person engaging in the
unlawful conduct to reasonably believe that he or she is in imminent danger
of death or great bodily harm.

941.20(3)(e)
(e) A person under par. (a) has a defense of privilege of self-defense or
defense of others in accordance with s. 939.48.

It is against the law to do a person death or bodily harm. However, you are "privileged" if you are "in imminent danger of death or great bodily harm."

In other words self defense is an "excuse" to save your life. You have the Right, but the "privilege" excuses your actions in court.

 

[BROKENSPROKET]

It is against the law to do a person death or bodily harm. However, you are "privileged" if you are "in imminent danger of death or great bodily harm."

In other words self defense is an "excuse" to save your life. You have the Right, but the "privilege" excuses your actions in court.

I'm trying to follow that train of thought.

So, I have the right to self defense.

To take a human life is illegal, so do to so as a measure of justifiable self-defense, is 'privileged'?

Ya know, that does make some sense.

I have the right of self-defense. I don't have to right to kill a person. To kill a person as a measure of self-defense is a privilege. A justifiable privilage.

I am not sold on it though. Against the back drop of the laws of our nation, a woman has the right to kill her unborn child, but to kill a person that presents great harm to her is a privilege?