Posted on 04/26/2006 11:04:58 AM PDT by neverdem
Associated Press
LANSING, Mich. (AP) — The state House passed bills Tuesday that supporters said would strengthen and clarify self-defense rights in Michigan.
A key provision in the legislation is a presumption that someone who forcibly enters a home or a vehicle intends to harm the occupant. The legislation also would eliminate a requirement that people being attacked must retreat before responding with deadly force.
The bills would allow people who feel threatened, in their homes or in a public area under certain circumstances, to defend themselves and use deadly force without facing criminal or civil liability. The law would cover only people who are not committing crimes and are in a place in which they legally have a right to be.
"One of Michigan's most basic values is that a person's home is their castle," Rep. Rick Jones, R-Grand Ledge, said in a statement. "This legislation makes it clear that not only do you have the right to stand your ground and defend yourself, but you will not be prosecuted or sued for defending yourself or your family in your own home."
The four-bill package is backed by the National Rifle Association but opposed by anti-gun groups.
Critics of the legislation have said it is not needed because prosecutors already do not charge a person who has justifiably used deadly force to protect themselves.
Each of the four bills got at least 90 votes in the House, which currently has 107 members. Only Democrats voted against the bills.
The legislation now goes to the Senate, which has introduced its own version of the bills.
Liz Boyd, a spokeswoman for Democratic Gov. Jennifer Granholm, says the administration would support legislation giving people the right to protect themselves in their homes. But Granholm has some concerns that the scope of the House bill may be too broad.
Those concerns could be addressed in the Senate, Boyd said.
Those voting against most of the bills in the House were Marsha Cheeks of Detroit, Brenda Clack of Flint, Paul Condino of Southfield, George Cushingberry of Detroit, Morris Hood of Detroit, Tupac Hunter of Detroit, Chris Kolb of Ann Arbor, Gabe Leland of Detroit, Lamar Lemmons Jr. of Detroit, Alexander Lipsey of Kalamazoo, Bill McConico of Detroit, Andy Meisner of Ferndale, Mike Murphy of Lansing, Alma Wheeler Smith of Ypsilanti, Steve Tobocman of Detroit and Mary Waters of Detroit.
Waters voted in favor of one of the bills. Lamar Lemmons III did not vote.
The self-defense bills are House Bills 5142-43, 5153 and 5548.
On the Net:
Michigan Legislature: http://www.legislature.mi.gov/
The Castle Doctrine is good law, although the common law right to defend oneself has been with us for a thousand years or so. It's too bad the legislature needs to reiterate our individual rights so stupid lawyers don't try suing people who defend themselves against thugs.
Now if we can rid ourselves of the commie governor, annex Detroit to North Korea or Moose Factory, Ontario, and get bigger walleyes in our lakes, Michigan will be paradise on earth.
"A key provision in the legislation is a presumption that someone who forcibly enters a home or a vehicle intends to harm the occupant. The legislation also would eliminate a requirement that people being attacked must retreat before responding with deadly force."
That this needed to be stated in legislation is very sad.
until this passes you can assume that its still ok for someone to break into your home rob you while you're sitting there, and you can't do anything but call the police- and technically, you should be running out the other door.
why does it not surprise me that opponents are 9 detroit reps, the rest being from k-zoo, southfield, flint, ferndale, a2, lansing and ypsi?
Not quite.
You forget a few items -- like, f'rinstance, "Oil City", and the "Rural Welfare Quarter" (e.g., the NE quarter of the LP). And let's not forget the el humongo influx of Mexicans (of the "other than non-criminal variety) into the agricultural counties, and, at the risk of being accused of "racism" (and risked only because I am not a racist!), the forgotten rural ghetto of Lake County. (Lake Country: "living" proof that "out of sight, out of mind" rules, when tested against "distance lends enchantment." It's the mirror image of a "walled/gated community".)
Then there are the high-crime areas of nearly all the cities in the state, the gangs that are spreading like a cancer to the rural areas (in large part helped along by "programs" that relocate "inner city" gangbanger "families" to rural towns, mainly to help politically connected slumlords avoid the tragedy of excessive vacancies), the schools that are filling up with "non-english speaking" kids, with NO effort made to teach them English -- since they'll be gone when the crops are harvested (and, the money the state pays per capita is as green as the money the real students bring in)...
I could go on, but you get the point. I hope. :)
That this needed to be stated in legislation is very sad.
Why?
After all, we live in an environment in which we are daily flogged with the notion that, "someone who forcibly enters our country intends to help the citizens"!
Doublethink is your friend...
Yeah, but will the governor sign it???
Good news! Thanks for posting.
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