Posted on 02/15/2007 9:05:56 AM PST by kiriath_jearim
NASHVILLE -- Spurred by violent crime in Memphis and elsewhere, Tennessee legislators have filed several bills to expand the legal rights of people to use deadly force when threatened by would-be attackers.
One would specifically allow people in motor vehicles to kill or "cause serious bodily injury" to attackers -- both inside or outside the vehicle -- who they believe are threatening to murder, rape, kidnap, rob or carjack the car's occupants.
That bill was filed Rep. Ulysses Jones and Sen. Reginald Tate, both Memphis Democrats. "I've heard a lot of support for this. It's time to give citizens the opportunity to protect themselves. Right now, we're at the mercy of what I call 'scum'," Jones, a Memphis Fire Department paramedic, said Tuesday.
Another bill by Jones and Sen. Dewayne Bunch, R-Cleveland, would extend the right of business owners or their security guards to use deadly force inside or immediately outside their businesses, against a person who "unlawfully and forcibly" enters or attempts to enter, if they have a "reasonable fear of imminent peril of death or serious bodily injury" to themselves, employees or customers.
Those two proposals are among 11 bills filed through Tuesday that would extend rights of citizens to defend themselves outside of their homes. Current Tennessee law allows residents to use deadly force against someone who breaks into their homes while they're at home; there's a legal presumption that an intruder intends to cause occupants harm.
Shelby County Dist. Atty. Gen. William Gibbons, who was in the State Capitol Tuesday meeting with lawmakers on other matters, said he "conceptually supports" legislation such as Jones' anti-carjacking bill but couldn't comment on it specifically because he hadn't seen it.
Several of the newly filed bills would enact "no-retreat" laws, permitting the use of deadly force in self-defense against would-be malefactors that a citizen believes is threatening to attack them. The National Rifle Association has pushed similar laws in other states, and won approval of one in Florida in 2005 that says citizens have no duty to back down from an attacker before firing a weapon.
Jones said he filed his two bills because crime in Memphis and elsewhere leaves people feeling vulnerable. He said he hopes people will seek proper training before using the force the bills would -- if signed into law -- authorize.
Tennessee's gun-carry laws require people to undergo firearms training with certified instructors before being issued permits.
Other Memphis area lawmakers who have filed bills expanding the legal authority for self-defense with deadly force include Sens. Mark Norris, R-Collierville, Paul Stanley, R-Germantown, and Roy Herron, D-Dresden.
All of the bills are expected to undergo close scrutiny and face an uphill battle becoming law. No law can be enacted without approval of both the Senate and House of Representatives, and ultimately the governor.
"That bill was filed Rep. Ulysses Jones and Sen. Reginald Tate, both Memphis Democrats"
I think I need to move to TN.
I would look very carefully at teh language in these bills...
Sometimes the media (cough, gag, spit) embelishes a little on the wording and intent...
So Istand to be corrected, but similar legislation that has been introduced in other states (which is sometimes the basis for bills in other state) tends to imply that it is a "defense to the prosecution" in the "use of deadly force" against criminal and civil proceedings after the act...
When the media implies that the bill or law "authorizes" the use of deadly force...My radar tends to come on and force me to make sure that that is (NOT) what the bill or law means...
The word "authorize" implies just what the ignorant, gun-control agenda actually wants to support their old and busted argument of "blood in the streets" fearmongering...
So read the bills, and draw your own conclusions and support for them...
No doubt these sorts of bills are well-intended, but I'm not so sure that we want to go down this road. The right to defend oneself is absolute. By enumerating specific instances and locations where rights can be exercised, you effectively render all non-enumerated situations off limits.
Exactly.
I wholeheartedly agree. I also pitty the fool who tries to carjack me, law or no law. Tennessee already has a provision in the TCA that allows for lethal force to be used if someone illegally enters your residence. This should extend to your vehicle as well.
Several years ago I was attending a conference in Knoxville. We got out late, about 11:30 PM, but I decided to drive back home since it was only about 1:45 away. I took a wrong turn leaving the convention center and wound up on the wrong side of the tracks. I stopped at a traffic light and something told me to lock the doors. About 1 minute later someone came out of the shadows and tried to open the rear door of my truck. I blew through the still red light and didn't stop until I got to my driveway. I've carried a pistol every day since. Better to be judged by 12 as opposed to carried by 6......
"No doubt these sorts of bills are well-intended, but I'm not so sure that we want to go down this road. The right to defend oneself is absolute. By enumerating specific instances and locations where rights can be exercised, you effectively render all non-enumerated situations off limits."
That's why Madison was against the bill of rights in the 1st place. In any case, Louisiana has had this law for years and we're rarely had a problem.
You might want to check these two out before you put out the for sale sign.
Thank you sir...
BTW,
I did a quick scan of that bill, and I see things that are almost verbatim in other similar bills...No big secret...
I'm still going to try and find anything relating to "authorizing" the use of deadly force...Haven't found it yet...
But, I have to say that the word "reasonable" is used quite a bit in these bills...
That's designed to really instill a responsibility in people to do their best to not interject themselves into situations where they may be considered a target for criminal activity...But then again that should not be your concern, somebody else will decide to make a poor decision and act upon that poor decision...Not our problem...
All in all I believe these types of bills are inheirently effective in reducing crime...The more people who are inclined to commit crimes will find out that law-abiding people are increasingly emboldened to defend themselves more and more all over this country...And its rather un-healthy to continue to commit crimes because of those odds of encountering someone who will refuse to be a victim...
Can't beat that trend!
You actually NEED legislation to allow this? To heck with that! Brings to mind the old adage, "I'd rather be judged by 12 than carried by 6".
I don't care what any legislator says. If someone gets into my car while me or any of my family are inside, they are dead. Simple as that. If such an action is against some 'man made' law I'll just drive them somewhere and drop them off.
I wish my son's friends had been armed in January. A 24 yr old man & his 21 yr old date were carjacked, taken hostage, and brutally killed (after she was raped repeated for a couple of days). Her boyfriend had been shot 3 times; his body dumped beside some railroad tracks and set on fire on Saturday night. Sunday morning a railroad worker found his body. They kept her alive for a couple of days while raping her and forcing her to drink cleaning fluid. They strangled her to death and dumped her body in a garbage can. At least five people have been arrested: two hiding out in Knoxville (still), three arrested in Kentucky (and one of them was a woman who was also charged with raping Christian). God bless the families of Christopher Newsom and Channon Christian, Knoxville, TN. I strongly encourage my son (age 26) to never leave his house after dark unarmed.
"God bless the families of Christopher Newsom and Channon Christian, Knoxville, TN. I strongly encourage my son (age 26) to never leave his house after dark unarmed."
I read about that case. Brutal savages.
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