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Landowners can shoot vigilantes!
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Nederland
Posted 4/28/2005 10:16 PM (#1523)
Subject: Landowners can shoot vigilantes!
Veteran

Posts: 235
This might just make vigilantes think twice before invading private property!

washingtonpost.com

Fla. Gun Law to Expand Leeway for Self-Defense

NRA to Promote Idea in Other States

By Manuel Roig-Franzia
Washington Post Staff Writer
Tuesday, April 26, 2005; A01

MIAMI -- It is either a Wild West revival, a return to the days of "shoot first
and ask questions later," or a triumph for the "Castle Doctrine" -- the notion
that enemies invade personal space at their peril.

Such dueling rhetoric marked the debate over a measure that Florida Gov.
Jeb Bush (R) could sign as early as Tuesday. The legislation passed so
emphatically that National Rifle Association backers plan to take it to
statehouses across the nation, including Virginia's, over the next year. The
law will let Floridians "meet force with force," erasing the "duty to retreat"
when they fear for their lives outside of their homes, in their cars or
businesses, or on the street.

NRA Executive Vice President Wayne LaPierre said in an interview that the
Florida measure is the "first step of a multi-state strategy" that he hopes can
capitalize on a political climate dominated by conservative opponents of gun
control at the state and national levels.

"There's a big tailwind we have, moving from state legislature to state
legislature," LaPierre said. "The South, the Midwest, everything they
call 'flyover land' -- if John Kerry held a shotgun in that state, we can pass
this law in that state."

The Florida measure says any person "has the right to stand his or her ground
and meet force with force, including deadly force if he or she reasonably
believes it is necessary to do so to prevent death or great bodily harm."

Florida law already lets residents defend themselves against attackers if they
can prove they could not have escaped. The new law would allow them to
use deadly force even if they could have fled and says that prosecutors must
automatically presume that would-be victims feared for their lives if attacked.

The overwhelming vote margins and bipartisan support for the Florida gun bill -
- it passed unanimously in the state Senate and was approved 94 to 20 in
the state House, with nearly a dozen Democratic co-sponsors -- have
alarmed some national gun-control advocates, who say a measure that made
headlines in Florida slipped beneath their radar.

"I am in absolute shock," Sarah Brady, chair of the Brady Center to Prevent
Gun Violence, said in an interview. "If I had known about it, I would have
been down there."

The lessons of history do not bode well for gun-control groups and their
leaders, such as Brady, who became a crusader after President Ronald
Reagan and her husband, then-White House press secretary James S. Brady,
were seriously wounded in a 1981 assassination attempt.

Florida has a track record as a gun-law trendsetter. In the mid-1980s, the
NRA chose Florida to launch a push for "conceal carry" or "right-to-carry"
laws, which allow states to issue permits for residents to carry firearms.
Democrat Bob Graham, who was then governor, vetoed the measure, but it
was resurrected after he left office and was signed in 1987 by Gov. Bob
Martinez, a Republican.

At the time, fewer than a dozen states had right-to-carry laws. Now there
are 38.

LaPierre thinks the new Florida measure -- nicknamed the "Castle Doctrine"
by its conceiver, Florida lobbyist Marion P. Hammer, a former NRA president --
can create the same momentum.

Critics argue that the measure is so broad it will encourage fights between
neighbors, parents at soccer games or drinking buddies to escalate into
gunfights.

"It's almost like a duel clause," said state Rep. Dan Gelber, a Miami Beach
Democrat and former federal prosecutor whose wife is a state
prosecutor. "People ought to have to walk away if they can."

Gelber believes that Florida's major prosecutor groups, populated by state
attorneys who must run for reelection, stayed out of the fight and many
lawmakers supported the bill because they fear the NRA.

Law enforcement did not try to block the measure, siding with the NRA rather
than opposing the group, as many sheriffs and police officials had done during
the debate two decades earlier over right-to-carry.

Florida Attorney General Charlie Crist, a leading candidate for the Republican
governor's nomination in 2006, was among those who wrote letters of
support. With that kind of high-level backing, Rep. Dennis Baxley, a
Republican from Ocala who sponsored the House measure, could ridicule
critics as "hysterical."

"Disorder and chaos are always held in check by the law-abiding citizen,"
Baxley said.

As in the mid-1980s fights over the right-to-carry law, the state's big
newspapers have almost unanimously lined up against Baxley's measure,
although their outrage did little to stop its easy glide. South Florida Sun-
Sentinel columnist Howard Goodman said the state was "getting in touch with
its inner Dirty Harry." Martin Dyckman of the St. Petersburg Times told
tourists, indisputably a bedrock of the state's economy, to stay
away: "Lebanon might be safer."

Hammer, a 4-foot-11 dynamo with a national reputation for her persuasive
powers, dismissed the papers as "liberal, anti-gunners" and "Chicken Littles."
The current law unfairly forces Floridians to make split-second decisions
about a criminal's intent, she said, and NRA lobbyists like to note that was
deemed impossible generations ago by legendary Supreme Court Justice Oliver
Wendell Holmes. "Detached reflection," Holmes said in one of his most oft-
quoted pronouncements, "cannot be demanded in the presence of an uplifted
knife."

Hammer stresses that violent-crime rates in Florida have dropped since the
right-to-carry law was signed. The Florida Department of Law Enforcement
reports that violent crimes dropped from 1,136 per 100,00 residents in 1989 --
two years after the law went into effect -- to 727.7 per 100,000 in 2003.


Her opponents counter that Florida's drop is not tied to the gun law and note
that national violent-crime rates have been trending down. More important,
Gelber and others say, is that Florida still ranked second in the nation, behind
only South Carolina, in violent crime in 2003, according to U.S. Census Bureau
statistics.

Brady's best hope, as a national fight appears inevitable, is that there will be
a backlash -- much like the bounce that gun control got in Florida in the
1980s when the loss on the right-to-carry law was followed by victories on
waiting periods and background checks.

"This," Brady says of the new Florida measure, "will be the thing that will
awaken the sleeping great number of Middle Americans who will think this is
so absurd."

But, for now, it is the thoughts of another group that really matter, the ones
with guns. In this state of 17 million people, permits to carry guns have been
issued more than 1 million times in the past 18 years.

© 2005 The Washington Post Company
Pete
Posted 4/29/2005 4:03 PM (#1524 - in reply to #1523)
Subject: RE: Landowners can shoot vigilantes!
Posts: 24

I assume you got the appropriate permissions from the Washington Post to put that article here!
Nederland
Posted 4/29/2005 7:46 PM (#1525 - in reply to #1524)
Subject: RE: Landowners can shoot vigilantes!
Veteran

Posts: 235
I didn't get it from the Washington Post. I got it from Colorado4x4.org. Are you suggesting that Colorado4x4 didn't get permission?

http://colorado4x4.org/vbb/showthread.php?t=32599
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