Free Republic

Imagine the horror of having your home or business plundered by thieves. Not a good feeling, but even harder to fathom that the bad guys who did it could end up suing you in court. State lawmakers say an existing legal loophole allows thieves to file civil lawsuits against home and business owners if they end up getting injured while intruding. But a bill working its way through the Alabama State Legislature would put an end to the practice. If approved, House Bill 46 would grant immunity to property owners from civil lawsuits by criminals in almost all circumstances. State...

Just a couple of days ago, Media Matters had another list of false claims and I responded to their list here. Now Media Matters attacks an op-ed that I had at the New York Daily News. After David Brock's, the founder of Media Matters, hypocrisy in having Media Matters constantly attacking gun ownership while at the same time illegally having handguns publicly carried for his own self defense in Washington, DC, his organization continues its "do as I say, not as I do" policy. It is too bad that in the past Media Matters has refused to let me post...

JUNEAU, Alaska (AP) — A bill that would expand the right to use lethal force as a means of self-defense is dangerous, without support in the prosecutorial community, and rife with potential unintended consequences, an Anchorage prosecutor said Friday. James Fayette, an assistant district attorney, took a day off work to fly to Juneau on his own dime to speak out against HB80 during a Senate Judiciary Committee hearing. The bill, sponsored by Rep. Mark Neuman, R-Big Lake, would allow Alaskans to use lethal force in self-defense anywhere they are legally allowed. Current law explicitly affords that right only when...

DENVER — Colorado Senate Democrats rejected legislation to expand self-defense protections for businesses, saying Monday the proposal would give too much leeway to use deadly force against suspected intruders. "This dramatically changes self-defense," said Sen. Rollie Heath, a Democrat from Boulder.

Gov. Mark Dayton vetoed the so-called "castle doctrine" self-defense bill on Monday. The proposal, supported by the gun-rights groups and opposed by Minnesota's law-enforcement organizations, would have expanded the legal justification for citizens who use deadly force in threatening situations. The bill, sponsored by Rep. Tony Cornish, R-Good Thunder, and Sen. Gretchen Hoffman, R-Vergas, was the top priority of the National Rifle Association and drew some DFL votes in addition to near-unanimous Republican support. The measure passed by votes of 40-23 in the Senate and 85-47 in the House. It would have changed the legal definitions of self-defense for someone...

Wednesday was an eventful day in Des Moines for pro-gun advocates that began with the House Democratic caucus’ mass exodus from the state capitol in protest of the scheduled consideration of two NRA priority pro-gun bills. Despite the fact the Republican majority had a quorum and could have passed legislation without the Democratic caucus, action was delayed until the caucus returned late in the afternoon. Once normal order was restored, gun owners in the Hawkeye State saw the Right to Keep and Bear Arms state constitutional amendment amended to the original NRA-supported language and passed. Gun owners then saw the...

A new Minnesota Senate bill would give you more power to use self-defense outside your home. Right now, Minnesota law allows you to protect yourself in your home if you are threatened or believe you are in imminent danger. The law also allows for the use of deadly force. But, under that same law, if you are in public and threatened, you are technically supposed to try and leave the scene or diffuse the situation if possible. If you cannot "retreat" from the threat, you then can use deadly force in self-defense. This new Senate bill, which passed 40-23, not...

ST. PAUL – A bill that would expand Minnesotans’ self-defense rights was approved 40-23 Thursday night by the state Senate. The Personal Protection Act – known by many opponents as the “shoot first” bill – extends the right to use deadly force for personal protection outside the home to any place where an individual lawfully can be, sponsor Sen. Gretchen Hoffman, R-Vergas, said. “This bill isn’t just about guns,” it is about allowing any use of deadly force if necessary to guard against imminent danger, Hoffman said. The bill, approved by the House last year, also would require Minnesota to...

The Des Moines Register ran a story today that highlights the need for a strong “Stand Your Ground” law. Not just in Iowa, where it is being hotly debated right now, but anywhere in the country that the freedoms and liberties of citizens who are going about their day-to-day activities are expected to be more important than those of citizens who have little regard for the life and health of others in the community. In their story, the Register details the circumstances around a man, Jay Rodney Lewis, who was put in jail and stayed there for 112 days until...

OMAHA, NE --(Ammoland.com)- Sarah McKinley, an 18-year-old Oklahoma mother who was forced to shoot an armed intruder in her home last New Year’s Eve, has released an open letter to Nebraska residents that supports the efforts of the Nebraska Firearms Owners Association (NFOA) and other citizen groups in trying to pass a Victim Protection Act in Nebraska. A copy of her letter is attached or can be found at ProtectVictimsNOW.org. On the evening of January 31, 2011, Mrs. McKinley and her infant son were home alone, as her husband had passed away just a week before after a painful fight...

Senator Gretchen Hoffman isn’t letting police union opposition to a gun bill she sponsored get to her. Instead, she’s focused on the voices of support she’s received on a piece of legislation she’s dubbed the “Stand Your Ground” bill. The bill (SF 1357) expands gun owners’ self-defense rights. Currently, the use of deadly force is authorized when a person believes they are in danger of bodily harm or death, but the new bill presumes that threat may be posed by a home invader. It also eliminates residents’ “duty to retreat” from a threat if possible, instead allowing deadly force. The...

Minnesota gun and self-defense laws could be set for some major changes if Bill 1467 is signed into law. It's an attempt to enhance the rights of homeowners during an intrusion, and broaden permit-to-carry law. Supporters say the bill only reaffirms and guarantees people rights they should already have under the Second Amendment - the right to bear arms. Opponents disagree, saying it puts people in more danger, most notably law enforcement officials. Bill Bergquist – Clay County Sheriff: “Shoot and ask questions later is what it looks like, so there's some concerns about that.” It's commonly known as the...

DENVER — Republicans moved forward with a proposal to let businesses use deadly force against intruders, one of a handful of GOP proposals being heard Thursday aimed at expanding gun rights.

The Cleveland Plain Dealer is reporting that the Ohio Supreme Court (OSC) has declined to hear the case of a 55-year-old Cleveland homeowner convicted in Cuyahoga County Common Pleas Court last year of killing an intruder. In 2010, Carl Kozlosky was convicted by a Cuyahoga County Common Pleas Court jury and sentenced last year to 18 years to life in prison for the shooting death of Andre Coleman on Sept. 20, 2009. Last fall, the 8th Ohio District Court of Appeals ordered a new trial for Kozlosky, saying there was overwhelming evidence that he had acted in self-defense. "Under the...

The law governing the right to defend yourself and make a citizen's arrest is sailing through Parliament on a calm sea of cross party support. Justice Minister Rob Nicholson appeared at a House of Commons committee Tuesday to discuss Bill C-26 -- the Citizen's Arrest and Self Defence Act -- and faced tame questions from MPs. "He was defending his own house and property and he still had to hire a lawyer and go to through the court process when he was defending his home and family, how would C-26 make this different?" asked Liberal MP Judy Sgro, referencing one...

The Ohio Supreme Court declined Wednesday to hear the case of a 55-year-old Cleveland homeowner convicted in Cuyahoga County Common Pleas Court last year of killing an intruder. When the 8th Ohio District Court of Appeals threw out the conviction of Carl Kozlosky and ordered a new trial, Cuyahoga County Prosecutor Bill Mason appealed the decision. The Ohio Supreme Court's decision Wednesday returns the case to Common Pleas Court. Kozlosky was sentenced last year to 18 years to life in prison for the shooting death of Andre Coleman on Sept. 20, 2009. Coleman broke into Kozlosky's house and began beating...

SPRINGFIELD, Mo. -- Greene County sheriff's deputies and Springfield police officers recently picked up five suspected burglars at two homes within four days. Cops said the arrests were thanks in part to alert citizens. In both instances, regular people tracked down the burglars and held them at gunpoint until officers arrived. Greene County Prosecuting Attorney Dan Patterson warns citizens, however, that although they might feel emboldened by a law that lets them defend themselves against intruders on their property, the law doesn't give them blanket permission to shoot an intruder. "I was fortunate that it turned out like it did....

OKLAHOMA CITY - A push to strengthen the rights of citizens across the state is on the agenda as Oklahoma lawmakers look at the 2012 legislative session as a time to expand the rights of gun owners. State Senator Steve Russell said Sunday he is working to strengthen Second Amendment rights. "I think it's important constitutionally," explained Russell. "What we see are homeowners able to save their own lives and business men and women able to save their own lives. We have to keep that in view." 1/29/2012 Related Story: Oklahoma Lawmakers Look To Expand 'Make My Day' Law Several...

An increasing number of intruders in St. Louis are being gunned down by homeowners, due in part to a 2007 self-defense law known as the castle doctrine. But now, authorities are changing how they review apparent justifiable homicide cases.

You're home may be considered you're castle but legally in Nebraska you're not allowed to stand your ground if an intruder breaks in but lawmakers are trying to change that. Imagine. You're lying in bed and you hear your door get broken into and then you hear the terrifying footsteps of someone walking down the hallway toward your room. You're first thought might be to protect yourself but legally in Nebraska that's not your first option. "Right now the current law in the state of Nebraska requires that you retreat from the assailant or the source of danger," said Deputy...

RICHMOND – Del. Dickie Bell, (R-Staunton), is sponsoring two bills that would empower Virginians to use lethal force against an intruder in their home. House Bill 47 would grant civil immunity to anyone who injures or kills someone while defending their home from another person who has posed a threat of injury to the other or has entered the home unlawfully. House Bill 48 would enshrine in Virginia law the “Castle Doctrine” that about 30 other states have. The bill would allow the use of physical or deadly force in someone’s home if an intruder has committed an “overt act...

Editor's note: An earlier version of this article incorrectly attributed a quote about the "presumption of reasonableness" to Jessica Karls-Ruplinger. The quote belongs to Steven Jansen and Elaine Nugent-Borakove in a 2007 article about the Castle Doctrine. When Gov. Scott Walker was campaigning last year, he proclaimed his support for legislation giving citizens broad new legal protections for defending themselves in their homes against unwanted intruders. The notion is called the Castle Doctrine, and Walker promised he'd sign such a bill into law if he was elected and the Legislature passed it. "Homeowners should take comfort in knowing that their...

1/6/2012 7:29:00 AM Castle Doctrine expands rights of citizens to defend themselves Presumption of belief, no liability for self-defense Richard Moore Investigative Reporter When Gov. Scott Walker was campaigning last year, he proclaimed his support for legislation giving citizens broad new legal protections for defending themselves in their homes against unwanted intruders. The notion is called the Castle Doctrine, and Walker promised he'd sign such a bill into law if he was elected and the Legislature passed it. "Homeowners should take comfort in knowing that their home is truly their castle, which is why I support citizens' rights to protect...

COLUMBUS, Ohio - The White Castle hamburger chain is sipping on the idea of selling alcoholic beverages at its restaurants. The 90-year-old company is testing beer and wine sales at a location in Lafayette, Ind., that combines a traditional White Castle burger joint with a Blaze Modern BBQ, a new restaurant concept also being tried out. In other cities, Columbus, Ohio-based White Castle is testing an Asian food concept and a restaurant that serves grilled sandwiches.

Washington State armed citizens are being lobbied to push for adoption of a proposed statute that will strengthen the Evergreen State’s lethal force self-defense law, a measure that was introduced in January and now waits for more co-sponsors. Leading the charge is veteran firearms instructor Marty Hayes, founder of the Firearms Academy of Seattle. His primary concern is a 2005 Supreme Court ruling in State v. Brightman, a case involving a man who, during the course of a fistfight over $20, pulled a gun and struck his opponent only to have the pistol discharge, fatally wounding Dexter Villa near Titlow...

Madison - Homeowners who shoot intruders will have new legal protections, under a bill signed Wednesday by Gov. Scott Walker. The Republican governor also signed legislation to limit attorney fees in lawsuits - a bill that conservatives said would end frivolous lawsuits but which Democrats said also would end many lawsuits with merit. Under the intruders bill, courts in most criminal and civil matters would presume that people using deadly force had acted reasonably against anyone unlawfully inside their residence, business or vehicle, whether the trespasser was armed or not. The proposal is sometimes known as the "castle doctrine," a...

Republicans don’t watch MTV’s Jersey Shore. But they dig ABC’s Castle. Democrats don’t like Discovery’s Deadliest Catch. But they swoon for NBC’s Parks and Recreation. ... In the findings, “sarcastic” media-savvy comedies and morally murky antiheroes tend to draw Dems. While serious work-centered shows (both reality shows and stylized scripted procedurals), along with reality competitions, tend to draw conservatives... LIBERAL-DEMOCRAT FAVORITES: – The Daily Show With Jon Stewart and The Colbert Report (Comedy Central): As you might expect. – 30 Rock and Parks and Recreation (NBC): Literate media-savvy comedies score high among Dems in general, notes Experian-Simmons senior marketing manager...

GRAND JUNCTION, Colo. (KKCO) - The Coroner says another man who died last Friday in a separate shooting suffered from a gun shot wound to the head and has ruled it a homicide. Though, Colorado's "Make my Day" law could keep the shooter from serving any time behind bars. The incident happened the day after Thanksgiving on Indiana Street in Orchard Mesa. According to Mesa County Sheriff Office, two men were in the home when Jesus Ray Sanchez Jr. tried to force his way into their home. Colorado's "Make my Day" law gives citizens the right to use deadly force...

This is a video story about the Ohio Castle Doctrine law. It is surprisingly well done, with very little political correctness. There is an annoying commercial at the beginning of the video clip, but it is not very long. The video is worth watching because it is not politically correct, so it goes against the usual progressive mindset in the MSM.

New laws go into effect for NC, including changes to Castle DoctrineBy: NBC17 Staff Published: December 01, 2011 **SNIP** Under the bill, a person charged with murder, manslaughter, or assault on a pregnant woman will face the same charged for the unborn child. **SNIP** Other laws that went into effect Dec.1: Laura's Law. This toughens sentences on repeat drunk drivers. It's named for 17-year-old Laura Fortenberry who was killed in a crash by a repeat offender. Police will start taking DNA samples from people arrested for an assortment of crimes. It used to only apply to suspects arrested for violent...

North Carolina’s new “Castle Doctrine” law, which addresses certain circumstances under which a person can legally shoot or use other deadly force against another, takes effect Thursday. North Carolina’s current Castle Doctrine only applies to homes, but under the new law it also applies to vehicles and places of work. The Castle Doctrine, rooted in English common law, expresses the belief that one should be safe from illegal intrusion in one’s home. The new law is much longer and clarifies when deadly force can be used. New law more specific The new law defines a person’s home as any property...

With two recent armed robberies in the area, we wanted to know if anything might change with a new self defense law in place. A bill known as the ‘castle doctrine’ cleared the senate and assembly earlier this month. Monday morning in two separate incidence's two homes were robbed at gun point. One was in Eau Claire the other was in Hudson. In both cases the suspects were arrested a short time later but home invasions could soon change in Wisconsin. "With the advent of the castle doctrine the theory is if someone unlawfully enters your home armed or unarmed...

Under one proposal the Assembly passed Tuesday, homeowners acting in self-defense would be immune from criminal or civil liability of they kill someone who is unlawfully in their residence, vehicle or workplace. The bill requires a court to presume that the use of deadly force was necessary to prevent harm to the person being attacked or another person when the attack happens at the defender's home. "The citizens of this state, they just want to feel secure in their homes," said the bill's sponsor Rep. Dean Kaufert, R-Neenah. "They just want the ability to protect themselves without the fear of...

A bill headed to the floor of the state Assembly would allow a person who kills or injures someone who breaks into their home, business or car, to claim self-defense. The bill strengthens what is known as the Castle doctrine and it has strong backing from the National Rifle Association and state law enforcement agencies. Before it was approved by the Assembly Judiciary Committee this week there was some debate about the definition of someone's castle or dwelling, as the bill defines it. Democratic state Rep. Tony Staskunas wanted to know what the boundaries of a dwelling are when someone...

On the subject of self defense, New Hampshire is about to enter a new era in which citizens have broader authority to make their own decisions. On Wednesday, the House overrode Gov. John Lynch’s veto of Senate Bill 88. The Senate had overridden the veto the week before. The bill changes state weapons laws in four important ways. 1. It removes the mere display of a weapon from the state’s definition of what constitutes the use of “deadly force.” 2. It removes the mandatory prison sentence for felonies committed while in possession of or using or attempting to use a...

To the New Hampshire Legislature: Please override the anti-self-defense veto of Gov. John Lynch. As a defense attorney, I have represented many individuals who never fired a shot but displayed or pointed a firearm in self-defense. I can assure you that New Hampshire citizens need Senate Bill 88. Actually we need much stronger protective language, but this is the language the committee passed. The Officer Friendly that you see is not how many of these cops behave around citizens who have had to use a firearm to save themselves or others from harm. In one case, the police charged a...

The veto of Senate Bill 88 should be overridden by the Legislature. This castle doctrine legislation does not and would not allow criminals to use a firearm (probably already obtained illegally) in an illegal act, such as shooting another gang member to use this legislation as a means to escape justice. It does not even permit law-abiding citizens who legally own firearms to fire in self-defense without accountability to whether deadly force was imminent and whether it may have even been appropriate under those circumstances to use a firearm (e.g., a crowded street filled with citizens). Only the criminals and...

DOVER, NH — Local law enforcement officials in support of Gov. John Lynch’s veto of a bill that would allow citizens to use deadly force in self-defense with civil immunity say they’re not only satisfied with the current law, but are concerned the new bill would produce unintended consequences. SB 88, which would allow a person to use deadly force to protect themselves or a third party and face civil immunity in certain circumstances, was vetoed earlier this year by Lynch, who has been vocal in his view that the bill would make the job of law enforcement more difficult....

When the New Hampshire Legislature reconvenes this fall to take up the governor’s vetoes, one of the bills that appears almost certain to be overridden is SB 88, which would broaden an individual’s right to use deadly force to defend oneself in public. The House of Representatives approved the final version of the bill, 283-89, while the Senate followed suit on a 19-5 vote – both comfortably beyond the two-thirds majorities lawmakers need to override Gov. John Lynch’s veto. Just because they can, however, doesn’t mean they should. This bill is as unnecessary as it is unwise, and we urge...

A second degree felony charge of burglary of a habitation escalated into a first degree felony charge of aggravated robbery for three Mount Pleasant men this morning after gunshots were exchanged between the suspects and the caretaker of the building. “Burglars need to realize that if they don’t want to get shot, they shouldn’t be breaking into people’s homes,” said Titus County Sheriff Tim Ingram, who said charges would not be pursued against the caretaker of Mr. Pat’s Emporium who defended both his boss’ property and his own life this morning during a shootout with burglary suspects. The call for...

“The sure foundations of the state are laid in knowledge, not in ignorance; and every sneer at education, at culture, at book learning, which is the recorded wisdom of the experience of mankind, is the demagogue's sneer at intelligent liberty, inviting national degeneracy and ruin.”~George William Curtis, Author, Social Reformer (1824-1896) Governor John Lynch vetoed Senate Bill 88 yesterday, once again affirming allegiance to yet another unelected, unaccountable constituency: The New Hampshire Police Chiefs Association. Despite thirty-one states adopting "stand your ground" laws and eliminating such duties to retreat, Lynch takes his counsel from those who think of themselves as...

CONCORD – Gov. John Lynch vetoed four bills Wednesday including one to expand a resident’s right to defend himself in public using deadly force (SB 88). “SB 88 would unleash the potential for increasing deadly violence in our communities,” Lynch wrote in his veto message. “It would allow the use of deadly force on street corners, in shopping malls, public parks and in retail stores. Drug dealers and other felons who brandish weapons will be further emboldened to use their weapons, while prosecution of those criminals will be made more difficult because of this bill’s expansion of the right to...

Gov. John Lynch has a chance to make sure that no other Granite Stater winds up in the position in which Moultonborough farmer Ward Bird famously found himself. Bird had an angry encounter with a female stranger on his own property. He said he drew an unloaded pistol, but never pointed it at her. She said he pointed it toward her. He was convicted of felony criminal threatening and sentenced to three years in prison, the mandatory sentence for that crime. Legislators have fixed that flaw in the law, and others. The changes are contained in Senate Bill 88, which...

For gun rights supporters like Rich Banks of Mountain Top, a new state law to widen the right to use deadly force in self-defense "allows good people to protect themselves." Critics say the expansion of the "Castle Doctrine" was unnecessary, that Pennsylvanians already had the right to protect themselves if their life was in jeopardy and the law could cause more violent confrontations. Last week, Gov. Tom Corbett approved the expansion of the Castle Doctrine, which allows citizens to use deadly force against an attacker at any place where they have a legal right to be. It also limits civil...

North Carolina --(Ammoland.com)- “The idea of a concealed-carry in an Applebee’s bothered people…” - Republican Speaker Thom Tillis, after restaurant carry language was removed from gun legislation which passed. [Analysis] With HB 650 signed by the Governor and scheduled to become law on December 1, congratulations are due to all who responded to GRNC alerts by calling and e-mailing the NC General Assembly. Thanks are also due volunteers of the Legislative Action Team for many hours spent at the legislature, our Director and Co-Director of Communications for dozens of alerts, often sent with little notice, to our Webmaster for alerts...

In 2007, a suburban Houston, Texas, resident named Joe Horn spotted a couple of burglars at his neighbor’s home. He called 911 and asked a dispatcher if he should stop them with his shotgun. The dispatcher told him to sit tight. “Ain’t no property worth shooting somebody over, OK?” the dispatcher said, according to published reports of the 911 call. That wasn’t OK with Horn, who noted that the “laws had been changed” in Texas, and that he had a right to protect himself. “I’m gonna kill ’em,” he told the dispatcher. And he did, with three shotgun blasts to...

In my first state House session, I fought for jobs, education, lower taxes, less spending, public health and safety, and other conservative issues; I also fought for Second Amendment rights for law-abiding citizens and I was a primary sponsor of the main Second Amendment bill. Citizens with conceal carry permits should not be convicted if they place a carry-out order and forget to remove the firearm before picking up the food at a restaurant that serves alcohol. It is illegal for conceal carry permit holders to use drugs or alcohol while carrying. People, in general, should not be allowed to...

Wisconsin --(Ammoland.com)- All but one state has granted some form of concealed carry and a growing number of states have returned to full Constitutional freedom in the right of uninfringed Constitutional Carry. Yet there is another movement sweeping across our land that should also cause great rejoicing. At this time, 38 states have some level of Castle Doctrine self-defense law. While some are more comprehensive than others, all are of significant benefit. Self-Defense From Frivolous Prosecution If you’re not familiar with the Castle Doctrine right of Self-Defense, a very basic description provides immunity from prosecution for an act of self-defense...

Pennsylvania lawyers are mulling over the implications of a bill signed into law by Governor Tom Corbett. The "Castle Doctrine" bill expands a person's right to use deadly force to certain places outside their home, and no longer requires people to retreat as a way to avoid a lethal confrontation. Attorney Fortunato Perri Jr. is satisfied with the change in the law. "I always thought that jurors struggled with the concept that someone has a duty to retreat if possible to do safely," said Perri. "I mean that's an awfully confusing aspect of the previous statute." Perri says the expanded...

Moments ago, in a private ceremony in his office, Governor Tom Corbett signed House Bill 40 into law, significantly expanding the self-defense rights of the law-abiding citizens of the Commonwealth of Pennsylvania. As this column recently reported, despite media characterization of the bill as simply an expansion of ‘Castle Doctrine’, this bill also contains a limited ‘Stand Your Ground’ provision as well as a long anticipated legal presumption of reasonableness in certain cases of self defense. Citizens of Pennsylvania should take the time to thank Governor Corbett for signing this important piece of public safety legislation.