Miss. Senate Bill 2426

Discussion in 'Free Speech Alley' started by col reb, Mar 17, 2006.

  1. col reb

    col reb Founding Member

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    (AP)
    Depending on your outlook, a bill sent to the governor on Thursday would increase personal safety or santion reckless killing.

    Proponents say Senate Bill 2426 will give residents broader rights to defend their homes, cars, and businesses.

    Critics say it will encourage citizens to "shoot first, ask questions later" and give criminal defendants an easier claim to self-defense.

    "This allows law-abiding citizens the right to shoot and defend themselves and the law will not second guess them," said Senate Judiciary A Committee Chairman Charlie Ross, R-Brandon, a co-author of the bill.

    The proposal, patterned after a Florida law passed last year, was approved Thursday over the objections of the Mississippi Prosecutors Association.

    Clay Joyner, president of the association, said neither he nor any of the members of his association would prosecute someone legitimately acting in self defense.

    Always seemed simple to me. You leave my family and I alone and I will leave you and yours alone. Bust my door------I bust a cap.:usaflagwa
     
  2. Bengal Buddy

    Bengal Buddy Founding Member

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    Details please.
     
  3. tiger fan 2001

    tiger fan 2001 Founding Member

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    Seems similar to a law M Foster passed over here. If I remeber right. You are pretty much go to go if someone comes into you house and you use deadly force.
     
  4. BamaBengalTiger

    BamaBengalTiger Geaux Tigers !!!!!

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    As I understand the law here in Alabama, you can only use deadly force if you are being threatened with bodily harm. For example, is someone breaks into my house, takes my TV, and tells me to shove it, I cannot shoot unless they have a weapon and I am threatened. But, my wife can, because there is always the presumed threat of rape!!
     
  5. col reb

    col reb Founding Member

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    I received my degree in crim. just. while living in Fla. You are right. If he is unarmed you better not shoot. If he is of average size and tells you he is unarmed but is going to take your stuff because of his "habit", you better not shoot. Threat of physical force can be sufficient. If you are 6'4" 280, and he is 5'7" 155, you best not shoot. However, if the size was reversed, you may have felt like your life was in danger and could possibly be correct in deadly force.

    If someone breaks into your one day old Hummer and is leaving out your drive, can you shoot? nope--your life is not endangered.
     
  6. tiger fan 2001

    tiger fan 2001 Founding Member

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    That's where I think the La. law is. If you break in and enter my house I can shoot.
     
  7. col reb

    col reb Founding Member

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    The gov must now study the bill before deciding whether to sign the law.

    Sen. Johnnie Wall, a defense att. said the bill would "protect the shooter, not the shootee." Wall says "the law in Ms already has a right to act in self-defense." "This law gives you a right to kill and not be sued for it."

    Bob Ratcliff, a former police officer, says when he was working crime scenes, he often found victims who had guns but would not use them for fear that they would be prosecuted.

    Prosecutors say "By having a jury instruction that they automatically presume someone acted reasonably in self-defense makes it harder for a jury to see the truth. This gives criminals another loophole to claim self-defense."

    Cargill, with the NRA, says, "Perhaps the criminal will be a little less likely to do property crimes. I just think it puts the control of the situation where it should be__ in the hands of the homeowner or the potential victim."

    Wall and other critics pointed out scenarios where a person meaning no harm might be mistaken for an intruder.

    For instance, what if a teenage daughter's boyfriend knocks on a bedroom window for a clandestine visit?"

    Roff says the provision the intruder be "unlawfully and forcibly" entering a dwelling, car, or business takes away the likelihood of someone being cleared of wrongdoing for simple mistaken identity.

    Ross said such situations happen fast and granting a presumption of "having acted reasonably" gives someone the freedom to shoot "without having to do a case study."

    "Tht presumption can be overcome, but we're going to start out with the idea that we'll give you the benefit of the doubt," Ross said.

    Steve Waddell, of Crystal Springs, favors expanded self-defense laws. He said he thought the change would be especially useful in fighting carjackings. "You got to do what you've got to do to protect yourself."

    IMO--the boyfriend breaking in to play house with my daughter would probably be better off breaking in for robbery.:rofl: This law does not mean I have to kill him. It just stops the legals from busting my chops because the poor crack addict was only trying to support his and his wife's habit.
     
  8. col reb

    col reb Founding Member

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    better check out the part about your life being in danger. Or your wife's etc. You can protect her and children.
     
  9. MCab

    MCab Founding Member

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    But, but, *pointing to headless corpse on the ground* he said he'd kill me if I didn't let him . . .
     
  10. saltyone

    saltyone So Mote It Be

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    In LA it is legal to shoot and kill anyone unlawfully entering your home.

    If someone tries to steal my truck they will die. I don't care if it's legal or not. If some boy tries to come in and meet my daughter, he's dead. If someone threatens my families well being, in anyway, they're dead. That's my law.
     

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