Stand your ground-on- Stand Your Ground

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S. Lindsey
S. Lindsey's picture
Joined: 12/31/2008

It is very apparent that most "protesters" generally know very little of which they are protesting.

Case in point. Today the Supreme Court was hearing final arguments for and against Obamacare. Outside
a group of protesters had gathered for the passage of Obamacare. A women was viewed holding a sign that said.

"Studies show...Women's healthcare cost will go up by 50% if Healthcare is not passed"

She was interviewed and her response tells all that we need to know about her politics.
She was asked what study was she siting? She stated she did not know that she "read it somewhere". When pressed she said she "saw it
on Obama;s website". A check of that website shows no such study nor can one be found.

Her response reminds me of that old saying... 80% of all stats are made up on the spur of the moment.

The Stand Your Ground law is one such law which now garners the same sort of attention and hysteria. First a little
Criminal Law history.

Most States Criminal Law mirrors that of Federal Law or that of other States. The Law was written by lawyers for lawyers. The Defense of home
laws when you may use deadly force was determined to be so vague as to leave open the probability of arrest if one was to do so. In fact, case after case of homeowners being
either arrested and/or sued became the norm in some States.

Almost every State had provisions in the law that stated you may NOT use deadly force IF you are not reasonably afraid for your life or another's life AND you
have an avenue of escape. What this meant was you could not use Deadly Force unless the same was offered and you may not use deadly force if
you could reasonably escape giving your home to the criminal.

A good example of the law is found here in this story from Omaha NE.

" The law that would protect you is called a Castle Doctrine Law. It means your home is your castle and you have the right to defend it even if it means using deadly force. In Nebraska, you must feel your life is threatened and you can't retreat. "

Note you MUST feel your life is threatened AND you must not have a backdoor or window you can exit through.

Georgia sought to "fix" this by crafting the "Stand your Ground" rule.

Basically it goes like this:
"In 2006, the Georgia legislature with Senate Bill 396 enacted a “Stand Your Ground” law similar to the one in Texas. O.C.G.A. sections 16-3-2 and 51-11-1 provide that a person has the right to meet force with force, including deadly force, in defense of one’s self, one’s home or other property. These laws provide immunity from both prosecution and civil tort actions. Sixteen other states have enacted similar legislation, expanding the legal boundaries of self-defense that previously required a duty to retreat."

Thus closing a loop hole in the law that allowed the Criminal, if not dead or their family if they were, to SUE you the homeowner for using deadly force against
the criminal or allowing overzealous Law Enforcement Officers to arrest the homeowner for defending their Home and/or Property.

The merits of the Law are obvious. You can use deadly force to protect your family so long as certain parameters are met. Is the law controversial? Well, of course,
but to overturn the law would to set back the clock to a time where Trial Lawyers salivated waiting for you to protect yourself using deadly force rather justified or not.
They live to sue. This law stopped that.

Nothing is going to happen in this Legislative session. They only have one day before the recess. But you can bet that it's not going away. Special Interest groups
will be out in force just as soon as the Legislature is back. The anti-2nd Amendment crowd will be there to be sure to try to muzzle your Freedoms.

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