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onehandle

(51,122 posts)
Mon Apr 9, 2012, 10:39 AM Apr 2012

You are simply not safe in any state with the 'Stand Your Ground Law.'

From now on, I will consider my travel plans carefully.

Even if I am traveling through one of those states, I will keep stops to a minimum.

I will not become a statistic because some basement vigilante takes a shot at someone at a gas station, because they don't like their 'type.'

26 replies = new reply since forum marked as read
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You are simply not safe in any state with the 'Stand Your Ground Law.' (Original Post) onehandle Apr 2012 OP
Why so? BiggJawn Apr 2012 #1
Depends on what it takes to upset the locals. izquierdista Apr 2012 #2
No, but when some NRA nut starts shooting, I don't want to be in the area. nt onehandle Apr 2012 #4
Can you show an actual increase in gun deaths due to SYG? hack89 Apr 2012 #3
Tell it to Trayvon. nt onehandle Apr 2012 #5
And what do you tell those kids, and adults, in Chicago and DC who get killed by guns every year? Daniel537 Apr 2012 #7
Shall we wait until the investigation is over? hack89 Apr 2012 #8
Why don't you tell it to us by backing up your assertion with statistics? Johnny Rico Apr 2012 #11
You can see a SPECIFIC temporal connection with Fl SYG and justified homicides uponit7771 Apr 2012 #9
Overall gun deaths are at historic lows and continue to decline hack89 Apr 2012 #10
So, no one is ever murdered in states without 'Stand Your Ground Laws?' Freddie Stubbs Apr 2012 #6
This law encourages those with potential for murder. onehandle Apr 2012 #17
So what "encourages" killers in NYC, DC, Chicago, LA etc...? Daniel537 Apr 2012 #18
Really? Z_California Apr 2012 #12
The majority of states have "must issue" CCW laws. Lizzie Poppet Apr 2012 #16
How is this law even remotely constitutional?? Initech Apr 2012 #13
Why would it? Becka2515 Apr 2012 #15
I see this law as ... goclark Apr 2012 #21
Is self defense constitutional? spin Apr 2012 #24
Yes...agree...knr joeybee12 Apr 2012 #14
Only a fool would use the stand your ground law bart95 Apr 2012 #19
Illinois, if I recall correctly, is the only state that doesn't issue concealed weapons permits. Kaleva Apr 2012 #20
IL gun owners keeping up the good fight... -..__... Apr 2012 #22
And paranoid vigilantes everywhere will celebrate... onehandle Apr 2012 #26
I can understand your concern just1voice Apr 2012 #23
Watch out! Guns and alcohol do not mix. JDPriestly Apr 2012 #25
 

izquierdista

(11,689 posts)
2. Depends on what it takes to upset the locals.
Mon Apr 9, 2012, 10:44 AM
Apr 2012

Some think that carrying around ice tea and candy is enough to start an altercation.

hack89

(39,171 posts)
3. Can you show an actual increase in gun deaths due to SYG?
Mon Apr 9, 2012, 10:46 AM
Apr 2012

Gun deaths are at historic lows and steadily declining - you have never been safer. Perhaps you are over reacting?

 

Daniel537

(1,560 posts)
7. And what do you tell those kids, and adults, in Chicago and DC who get killed by guns every year?
Mon Apr 9, 2012, 10:51 AM
Apr 2012

Clearly gun control didn't work too well for them. There are lunatics and killers like Zimmerman every where in the country, not just in pro-gun states.

uponit7771

(90,301 posts)
9. You can see a SPECIFIC temporal connection with Fl SYG and justified homicides
Mon Apr 9, 2012, 11:03 AM
Apr 2012

...this has been reported in the news multiple times

hack89

(39,171 posts)
10. Overall gun deaths are at historic lows and continue to decline
Mon Apr 9, 2012, 11:11 AM
Apr 2012

Isn't more likely that more shootings are being CLASSIFIED as justified homicides due to these laws? That these type of shootings were classified as something else before?

The only facts out there show that gun deaths are declining. There is no evidence that SYG are motivating people to kill people - otherwise we would see an increase in overall gun deaths.

 

Daniel537

(1,560 posts)
18. So what "encourages" killers in NYC, DC, Chicago, LA etc...?
Mon Apr 9, 2012, 12:11 PM
Apr 2012

Because gun-control clearly isn't stopping them.

Z_California

(650 posts)
12. Really?
Mon Apr 9, 2012, 11:25 AM
Apr 2012

Want statistics? Check out gun violence statistics in other civilized nations.

Bottom line is some states allow and encourage citizens to carry concealed weapons and excuse the use of them in the case of an argument. I'm going nowhere near those states. Period. I hope foreign travel advisories discourage people from traveling to Florida. This is crazy people and so are some of you.

goclark

(30,404 posts)
21. I see this law as ...
Mon Apr 9, 2012, 12:40 PM
Apr 2012

"The Wild, Wild West Law" making men, don't know the percentage of women, feel powerful.

spin

(17,493 posts)
24. Is self defense constitutional?
Mon Apr 9, 2012, 02:37 PM
Apr 2012

Should an individual have a right to defend himself when confronted by an another person who is attacking or just about to attack with the intention of inflicting serious injury or to kill and has the capability to do so?

Should such an individual be required to retreat first before using self defense?


Self-defense (United States)

In the United States, the defense of self-defense allows a person to use reasonable force in his or her own defense or the defense of others (see the theoretical background for why this is allowed).

While the definitions vary from state to state, the general rule makes an important distinction between the use of non-deadly and deadly force. A person may use non-deadly force to prevent imminent injury, however a person may not use deadly force unless that person is in reasonable fear of serious injury or death. Some states also include a duty to retreat (exceptions include Louisiana and Florida), when deadly force may only be used if the person is unable to safely retreat. A person is generally not obligated to retreat if in one's own home in what has been called the castle exception (from the expression "A man's home is his castle&quot .

Runyan v. State (1877) 57 Ind. 80, 20 Am.Rep. 52, is one of the earliest cases to strongly support and establish in U.S. law an individual's right to initiate self-defense actions up to and including the justifiable use of lethal force against an aggressor.

In Runyan, the court stated "When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justiciable."emphasis added
http://en.wikipedia.org/wiki/Self-defense_%28United_States%29


"Stand Your Ground" laws remove the duty to retreat and are quite similar to the ruling in Runyan v. State. Such laws do not offer an individual the right to pursue and confront another individual and shoot him.

Many legal experts have stated that it quite likely that Zimmerman's actions in the Trayvon Martin shooting would not be protected by the stand your ground law in Florida.

Author of "stand your ground" law: George Zimmerman should probably be arrested for killing Trayvon Martin
March 21, 2012 12:31 PM

(CBS/AP) SANFORD, Fla. - The authors of Florida's controversial "stand your ground" self-defense law say George Zimmerman should probably be arrested for shooting Trayvon Martin, reports the Miami Herald.

"He has no protection under my law," former Sen. Durell Peaden told the newspaper.

***snip***

Rep. Dennis Baxley, Peaden's co-sponsor in the Florida House, agrees with his former colleague, telling the newspaper that the law does not license neighborhood watch or others who feel "like they have the authority to pursue and confront people. That is aggravating an incident right there."
http://www.cbsnews.com/8301-504083_162-57401619-504083/author-of-stand-your-ground-law-george-zimmerman-should-probably-be-arrested-for-killing-trayvon-martin/


Trayvon Martin case: Does ‘Stand Your Ground’ apply?
Posted: 03/22/2012

***snip***

According to Clearwater defense attorney Gregory Showers, a partner with Kwall, Showers, and Barack, “(Under ‘Stand Your Ground’), you have the right to defend yourself with deadly force if there is a threat of bodily harm to you or the person you’re with. But there has to be the threat of bodily harm.”

Judith Scully, the William Reese Smith Jr., Distinguished Professor at Stetson Law, added that, for the law to apply, you have to prove you are the one under attack.

“If you are the person confronting another individual or pursuing another individual then you are not meant to be covered by the ‘Stand Your Ground’ law,” Scully said.

For that reason, Showers and Scully both do not think the ‘Stand Your Ground’ law applies in the Martin-Zimmerman case, because Zimmerman was the one pursuing and confronting Martin.

Read more: http://www.abcactionnews.com/dpp/news/state/trayvon-martin-case-does-stand-your-ground-apply#ixzz1rZBQz03L


The news media has long opposed castle doctrine and stand your ground laws and often has tried to foster the view that such laws allow a person to start an argument with another individual and then shoot them and claim they felt threatened. The original intent of the law does not allow this, but obviously the wording may allow some individuals to escape facing a jury in questionable cases and may also allow the authorities to avoid prosecuting such individuals if they chose.

There are cases in which there is no doubt that a person used deadly force in a legitimate manner as a reasonable person standing in his shoes would have felt that the threat from his attacker would have caused serious injury or death had he not defended himself. In such clear cut cases there should be no reason to prosecute the individual.

Retreating from an attack can be a viable alternative in many encounters but may be a very poor tactic in others. A requirement to retreat can put a victim at a significant disadvantage. It is possible that an overzealous prosecutor might decide that since a person did not first attempt to retreat first even though he was under attack by a person who had the capacity to cause serious injury, he should be arrested and prosecuted. In all likelihood the individual would not be convicted by a jury but would face legal expenses that could bankrupt him. This would be unfair.

It could also be pointed out that in cases without witnesses even before the stand your ground law passed a person could have claimed that he did indeed try to retreat and if there was no evidence that proved otherwise he could walk away as a free man.

I'm sure the wording of the law will be carefully considered and possibly revised, but in my opinion the law should not be repealed.






 

bart95

(488 posts)
19. Only a fool would use the stand your ground law
Mon Apr 9, 2012, 12:16 PM
Apr 2012

not saying there arent fools out there, but anyone who did do it is a fool

anyone serious about home protection, the case is 100 percent solid toward securing the home with alarms, bars, double locks etc, over guns

you pull a gun on someone when there was any other possible way to avoid it (and there almost always is) you just walked into the twilite zone

Kaleva

(36,235 posts)
20. Illinois, if I recall correctly, is the only state that doesn't issue concealed weapons permits.
Mon Apr 9, 2012, 12:33 PM
Apr 2012

A majority of states are "shall issue" and some are "may issue".

Many states have some form of castle law and Colorado's version of it is often called the "make my day" law. As far as I know, Florida is the only state with a "stand your ground" law on the books.

 

-..__...

(7,776 posts)
22. IL gun owners keeping up the good fight...
Mon Apr 9, 2012, 12:41 PM
Apr 2012

at least now, with Emperor Daley out of the picture, their chances having risen considerably...

Illinois Concealed Carry Advocates Not Giving Up: House Committee OKs Latest Bill

Illinois remains the only state in the union without a concealed carry law on the books -- and despite repeated failures, gun rights advocates are not giving up.

On Wednesday, the House Agriculture & Conservation Committee approved House Bill 5745, which would allow residents to carry concealed weapons. Once again, downstate Democrat Brandon Phelps sponsored the measure.

“We’re the only state (that bans concealed carry). If it was so bad, why isn’t there any other states trying to repeal this? It works,” Phelps told the State Journal-Register, claiming crime has gone down in places that allow residents to carry concealed weapons.

Phelps said he was optimistic about the bill's passage this time around -- but his hopes have been up in the past.

Last year, another bill sponsored by Phelps on the matter failed by only six votes after months of heated debate in Springfield. Once again, the issue pitted downstate lawmakers against those from the Chicago area.



More at link...

http://www.huffingtonpost.com/2012/03/07/illinois-concealed-carry-_n_1326436.html

onehandle

(51,122 posts)
26. And paranoid vigilantes everywhere will celebrate...
Mon Apr 9, 2012, 03:12 PM
Apr 2012

...right after they finish yelling at their basement wall.

 

just1voice

(1,362 posts)
23. I can understand your concern
Mon Apr 9, 2012, 01:43 PM
Apr 2012

Here in the ultra-conservative/stupid state of VA they recently passed a law allowing guns in bars. Shortly after the law was passed there was a shooting/shootout with police at a bar near my home, duh. Some of my friends go there but I refuse to go. I don't tell them why, they'd just think I was being paranoid but there is very little "law" there and in my opinion it's really not safe as recent history has proven it.

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