Posted on 01/22/2009 5:02:28 PM PST by neverdem
HELENA Two bills put before lawmakers Thursday would put on the books a widely recognized right to use a gun on home intruders posing a serious threat, but one Republican says the Legislature needs to go farther in protecting Montanans’ Second Amendment rights.
Sen. Larry Jent, D-Bozeman, and Rep. Kendall Van Dyk, D-Billings, presented their bills in Senate and House hearings Thursday morning with the backing of law-enforcement officials and prosecutors from across the state.
The identical bills would enshrine the so-called “Castle Doctrine,” a common-law concept that holds a person can use deadly force in their own home if someone poses a serious threat to them.
Those testifying at Thursday’s hearings said county prosecutors in Montana already recognize the Castle Doctrine and that the law should reflect that.
“All the fancy stuff in the law books doesn’t work too well when the state you’re in doesn’t have a law on the books,” Jent told the Senate Judiciary Committee.
The bill “conforms Montana law to what most Montanans think Montana law is,” Hal Harper, Gov. Brian Schweitzer’s chief policy advisor, said at the House Judiciary Committee meeting.
Harper put it another way when he testified before the Senate committee.
He said of homeowners reacting to intruders intending them harm: “Sure, you can go into the bathroom or the closet or run. You won’t find that as a practice in this state.”
Gallatin County Sheriff Jim Cashell told both panels that his office used the Castle Doctrine in the 2008 trial of Christopher Wagner, who was convicted last spring of attempted homicide following a shootout with Michael Peters, of Gallatin County.
Although Peters shot first, Cashell told lawmakers his action was considered a justified use of force. That is the kind of self defense that Van Dyk and Jent seek to protect, Cashell said.
In fact, all those testifying in favor of the bills said the new laws would not change how they go about investigating or prosecuting shootings.
“In the 34 years I’ve been in this business, I can’t think of any instance of someone being unjustly prosecuted” for defending their home, Cashell said.
But that possibility, said Rep. Krayton Kerns, R-Laurel, is exactly the problem.
“It’s a very specific, very small bill,” he said after the House hearing.
Kerns is putting forward another bill that he said would put the Castle Doctrine on the books, plus expand other gun rights for Montanans.
His bill, which has not yet been scheduled for a hearing, is nine new sections worth of gun rights, and closely mirrors a bill carried in a previous session by former-Rep. Jack Wells, R-Bozeman.
Among other things, Kerns’ bill would bar employers from prohibiting workers from bringing guns to work.
Wells’ bill was strongly resisted by law-enforcement groups in the state, and Kerns said he does not expect those groups to be allies of his bill.
“Do I look at them to be advocates? No I don’t,” he said.
No action was taken on either bill.
Daniel Person can be reached at dperson@dailychronicle.com.
Only a criminal would want homeowners to retreat on their own property. Any politician who opposes the castle doctrine is a criminal. Without exception. And should be treated as such. Impeached, tried and sent to prison.
Odummer’s gun bans are up on Whitehouse.gov. The ones he said he wasn’t for ... Yeah those.
Democrats, raise taxes, fund socialism, and gun control. You connect the dots.
Thus, we are governed by a majority of criminals.
From whitehouse.gov:
Address Gun Violence in Cities:
Obama and Biden would repeal the Tiahrt Amendment, which restricts the ability of local law enforcement to access important gun trace information, and give police officers across the nation the tools they need to solve gun crimes and fight the illegal arms trade.
Obama and Biden also favor commonsense measures that respect the Second Amendment rights of gun owners, while keeping guns away from children and from criminals. They support closing the gun show loophole and making guns in this country childproof. They also support making the expired federal Assault Weapons Ban permanent.
Holy crap, these are Democrats introducing these bills. I think the Stanley Cup Finals will be held in Hell this year.
Policy differences don't equal criminality. That's what the Dems stand for.
Yep, that went up today. And all this squares with the second Amendment right in the bill of rights.
Suppose we applied the same common sense tests for abortion regulations.
Democrats, raise taxes, fund socialism and gun control. Connect the dots to your future.
That's my point. Something is going on. The NRA ran a traditional "battleground states" campaign in 2008. IIRC, it was limited to 15 - 18 states. O's history of being a bigtime gun grabber was successfully denied in a 50 state campaign. I think that 50 state campaign continues to try to dissassociate the rats from being gun grabbers. They did it 2006 when they took the Congress, so there is precedent.
Don’t count on it. Once a gun grabber, always a gun grabber.
Notice it is always with the term “common sense”. That implies that it is, of course, not arguable. One thing about “common sense” solutions - if the solution is so obvious, it probably is not taking everything into account.
I question democrats’ motives codifying Montana’s common law on the “castle doctrine.”
Could be a home owner has more discretion and a gun-phobic legislature and judiciary less when the “know it alls” do not have a statute to “construe.”
Of course, a well written, clear, no retreat etc., statute seems to work elsewhere.
In Georgia, if a burglar is in your house, and you kill it, it is extremely unlikely that you would have any problem with the cops.
Maybe it’s just me, but lately I have noticed many more posts on burglars, home invaders and other scum going tango uniform.
I'm not. I'm just making note of their tactics since 2006, they are seriously trying to deceive. The "castle doctrine" just recognizes self defense in the home. There are states that have "duty to retreat" legislation on the books. Folks have been prosecuted for self defense. Obama wouldn't vote to exempt Hal DeMar from prosecution for having a banned handgun and shooting a burglar. Witness the American Hunters and Shooters Association. They badmouthed the NRA and yacked about "climate change" and "global warming" at every time I checked. The rats have a serious Second Amendment deception effort that's not ending.
Ten years ago you could be driving 100mph down the interstate with a Pickup full of loaded firearms, a sixteen year old girlfriend, and an open beer and NOT be violating the law!
Ten years ago you could be driving 100mph down the interstate with a Pickup full of loaded firearms, a sixteen year old girlfriend, and an open beer and NOT be violating the law!
How are your taxes? It might be time to give up on West Virginia!
Land and property is very expensive now that the rich and famous have found this place. They only live here in the summer though.
United Nations messin’ with guns
littlechicagoreview.com | Jan 22 09 | John Barrasso
Posted on 01/22/2009 4:46:10 PM PST by shielagolden
http://www.freerepublic.com/focus/f-news/2169883/posts
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