Monday, July 03, 2006

Shoot Up Old West Style In The Deep South

Georgia 'Shoot First' Law Takes Effect

While I support a reasonable interpretation of the RTKBA (Right To Keep & Bear Arms) in accordance with the Second Amendment, I think that opening up the law to an "Old West" standard of "shooting first and asking question last" will result in the climb of homicide rates, only now these homicides will be listed as "justifiable" by reason of self-defense. Years ago, under the reaign of Michael Dukakis, Massachusetts went too far to the left by requiring people to run away from burglars and evil-doers that dared to enter a home or property for illegal purposes, the Georgia law (as well as laws in Florida, Texas and elsewhere) goes too far to the right by justifying the use of indiscriminate deadly force... and in public places. The entire concept exceeds the well-established "reasonable person" doctrine of law.

As a martial artist that has taught self-defense, hand-to-hand combat, and tactics for law enforcement officers, I have always held to a standard of "using commensurate force" as required for the situation. The Georgia law opens up the standard to yahoos and temper tantrums as justifiable use of deadly force. The fact that 16 other states are considering similar bills is a sign that we are losing our grip on civility in this country.

A new so-called “shoot first” (alternatively, "stand your ground") law took effect in Georgia on Saturday allowing state residents to use deadly force to respond to threats in public places with no duty to retreat. The law, which easily passed through the Republican-controlled state legislature beginning with the state Senate in March, also frees shooters who act in self-defense from all civil liability. Zach Ragbourn, speaking for the Brady Campaign to Prevent Gun Violence said the law is “phenomenally dangerous” because it encourages people to use guns without hesitation, but the National Rifle Association maintains it is necessary to protect innocent citizens from becoming victims on the streets and in the courtroom. Florida passed a similar law last year. Aside from Georgia, Alabama, Indiana, Kentucky, Mississippi and South Dakota all have adopted similar laws, and like bills are pending in 16 other states.

Several other laws also took effect in Georgia Saturday, including a controversial law preventing registered sex offenders from working, living, or loitering within 1,000 feet of where children congregate. The full enforcement of that law was blocked late last week by a federal judge as regards eight plaintiffs challenging the legislation who say it violates several constitutional provisions and at least one federal statute, and that it would require all but a few of the state's offenders to move. A law allowing displays of the Ten Commandments at courthouses also took effect.

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