HOwever, I am not a lawyer and you should check the current criminal code in New York state and cosnult l;awyer familiar with such laws to make sure.
Posted on 03/14/2006 5:53:23 PM PST by neverdem
tleskanic@tampatrib.com
Twenty-one states are considering laws modeled on the "Stand Your Ground" legislation passed in Florida last year.
Like the Florida law, those other bills would allow people to use deadly force to defend themselves if they feel threatened in their homes, cars or anywhere they have a right to be.
The speedy proliferation of the "Stand Your Ground" legislation isn't surprising, experts say. The National Rifle Association for years has used Florida as a testing ground for gun-rights laws.
David Kopel, research director of the conservative Independence Institute think tank in Golden, Colo., compared "Stand Your Ground" legislation to the concealed carry permit law Florida adopted in 1987.
"If a gun law doesn't lead to disaster in Florida, people tend to think it'll be fine in their state as well," Kopel said.
The "Stand Your Ground" law passed easily in Tallahassee last year behind the lobbying of the NRA and other gun rights groups; experts expect the same this year in at least six other states, possibly more. The legislation is most likely to pass in Indiana, Georgia, Alabama, South Carolina, Mississippi and Arizona, according to experts and legislators.
Several proponents said they spoke with Marion Hammer, the NRA's Florida lobbyist, before filing their bills.
Hammer attributed the spread of "Stand Your Ground" bills, in part, to the publicity generated by the debate in Florida last year.
"We raised the consciousness of what's actually going on in individual states to a level where people wanted to be sure they could do what they thought they could do," she said.
Johnny Nugent, a Republican in the Indiana senate, said he decided to introduce legislation there after reading about the issue in NRA magazines and talking to Hammer.
"Before that, I hadn't thought a whole lot of about it," he said. "I knew what I would be doing to protect myself and my family, and I felt like I'd be treated fairly in a court by a jury."
State Rep. Dennis Baxley, R-Ocala, presented the Florida law he sponsored as model legislation to the American Legislative Exchange Council, a conservative organization of state legislators. The council adopted it last summer.
But some experts said the popularity of "Stand Your Ground" legislation has more to do with the NRA's clout than a shift in thinking about gun laws.
"I don't think too many people in office are particularly enthusiastic about this legislation," said Robert Batey, a professor at Stetson University's College of Law and a critic of the bills. "I think they simply don't want to cross the NRA."
"Stand Your Ground" legislation has sold well because it sounds like a good idea when packaged as a 15-second sound byte. Further explanation of the bills might make people think twice, though, Batey said.
Critics charge that such bills send the message that violence is OK.
Peter Hamm of the Brady Campaign to Prevent Gun Violence said the bills have been orchestrated by the NRA to help gun manufacturers increase sales, calling the movement "nothing more than a marketing campaign disguised as an urgent policy need." He questioned the need for the "Stand Your Ground" bills, given that the law usually sides with people who shoot someone in self-defense.
"The usual conservative doctrine is that we don't need new laws for everything," Hamm said. "This is a textbook case of an area where we don't need new laws."
Hey Hamm!! You don't speak for conservatives or the GOP. Go drink some more Hamms and leave us to the business of protecting ourselves.
This could be called anti-terrorist legislation.
TINA! Come get some HAMM!
Gosh!
Well-settled tort law hasn't stopped you j@ck@sses at the Brady Center from attempting to sue gun manufacturers out of existence for a criminal's misuse of a lawfully produced and federally regulated product, has it Mr. Hamm?
Moron.
Of course we don't.. especially after you've succeeded in getting 10,000 odd laws passed to restrict gun ownership and use.. Why would we need just "one more law" giving the "shall not be infringed" part of the constitution back to the people??
"A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms shall not be infringed."
Second Amendment to the U.S. Constitution
In Minnesota, we were damned lucky to have the "shall issue" law passed, twice. The DFL'ers in this blue state are still looking for ways to neuter the right to bear arms.
Not a chance in hell that a "stand your ground" law would pass here.
Not in the anti-gun states, they don't, Peter!
"The usual conservative doctrine is that we don't need new laws for everything," Hamm said. "This is a textbook case of an area where we don't need new laws."
Good Lord! What a lying hypocrite!
If this had a shred of truth to it, how the hell did Al "mental health" gore nearly take that state? This line looks like a desperate attempt to get Florida to stop proving the left wrong.
Tell me NY is one. Please.
Someone correct me if I'm wrong, but I'm pretty sure NY has a "duty to retreat" law on the books. With the dems controlling the Assembly, it's not likely to change. FReepmail me if you want on or off my New York ping list.
Kopel doesn't sound like he's representing anything conservative in this hatchet-job.
Washington State has a "stand your ground" law. One of the benefits of living in this otherwise sorry state.
Unless the laws have changed dramatically since I had a pistol permit in Suffolk County, you were allowed to intervene in a kidnapping, attempted murder of another person and any felony which bodily harm could come to another with the use of deadly force.
So the victim has a duty to retreat. Let's protect the criminal. Nice.
Yeah, the police will protect you, NOT! But you can't harm anyone unless you are in a situation like NY Attitude described in comment 16.
HOwever, I am not a lawyer and you should check the current criminal code in New York state and cosnult l;awyer familiar with such laws to make sure.
Thank you! I wonder if the Hamms of the world would "stand their ground" if a member of their own family were robbed, raped or murdered?
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