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Michigan Castle Doctrine becomes law

Discussion in 'Legal' started by Barbara, Jul 20, 2006.

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  1. Barbara

    Barbara Member

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    MI Castle Doctrine Signed

    Was told by Mary in Rep. Jones office this morning that Castle Doctrine has been signed.
     
  2. Barbara

    Barbara Member

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    Just received this, also

    FOR IMMEDIATE RELEASE
    Contact: Phyllis Washburn
    July 20, 2006

    (517) 373-1690


    Castle Doctrine becomes law

    Michigan residents given right to defend selves, homes



    Michigan residents now have the right to use force to defend themselves and their families, if facing imminent harm at the hands of a violent criminal through Public Act 309 of 2006 sponsored by state Rep. Rick Jones.

    Jones worked diligently to pass the legislation through the legislature.

    “I’m very pleased the castle doctrine has become law,” said Jones, R-Grand Ledge. “It is very important to allow citizens the right to protect themselves and their families if they are facing death, great bodily harm or rape.”

    The package of bills protects innocent victims from civil litigation or criminal prosecution.

    During his 31 years at the Eaton County Sheriff’s office, Jones experienced firsthand the incident that helped inspire the legislation. Jones had a case where a violent criminal broke into a home and attacked a man, who fought fiercely for his life. Just as he was losing the battle, his wife came to his rescue and hit the attacker with a jar of pennies, sending the criminal to the hospital.

    The criminal then recovered and brought a civil lawsuit against the family he harmed.

    “It was shocking to watch this innocent family go through the pain and expense of a civil lawsuit,” Jones said. “Their incredibly painful experience was extended past the brutal attack. This law is important because it gives citizens a sense of safety that even though public safety officers can’t be everywhere all the time, they still have a right to personal safety.”

    Further inspiration for the bill came from two books, “One Man’s Castle” and “Arc of Justice.” The books offer the historical account of Dr. Ossian Sweet, a black doctor who defended his life, his family and his Detroit home from a violent mob provoked by the Ku Klux Klan in 1925.

    Sweet was successfully defended by the famed attorney Clarence Darrow, which set judicial precedent for the castle doctrine.

    #####



    PHOTO ADVISORY: Attached to this news release is a photograph of Rep. Jones in his Lansing office with his favorite hunting piece, his Smith & Wesson 44 Magnum, as he contemplates the upcoming hunting season.



    AUDIO ADVISORY: For audio commentary by Rep. Rick Jones on this issue, please visit his online office at www.gophouse.com/jones.htm.
     
  3. FJC

    FJC Member

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    Woohoo!
     
  4. htcw454

    htcw454 Member

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    There is Hope!!

    Thank goodness and Thankyou Michigan House Senate and Gov. Granholm
     
  5. Clipper

    Clipper Member

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    Well, she sure didn't pop any corset strings getting it signed...

    ...So when does it go into effect?
     
  6. 50caliber123

    50caliber123 Member

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    Anybody have a link to a .gov state of Michigan website? I am just a little skeptical, as she's had this bill on her desk for two weeks
     
  7. creitzel

    creitzel Member

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    Immediately according to the info on the Michigan legislature's website, see the link below:

    Here's a link from the Michigan legislature's website. It shows the activity on the bill at the bottom. This is just one of the bills, but they were tie-barred together, which means either they all pass, or none do.

    http://www.legislature.mi.gov/(e0rz...g.aspx?page=getobject&objectname=2006-sb-1046
     
  8. Sheldon J

    Sheldon J Member

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    She had no choice

    If Jenny just left it alone it would become law,:uhoh: if she veto'd it they would have over riden her, :rolleyes: she desperatley needs the votes so she waits, signs, :scrutiny: then will trout how she helped the Mi citizens. :what: No sign no next term, still maybe no next term but...:evil: :evil: :evil:
     
  9. Rupestris

    Rupestris Member

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    As much as I dislike her politics and lack of insight when it comes to fishing Michigan out of an economic crapper, she done alright with this one.

    I talked to my next-door-neighbor tonight who is a Dertoit Police Officer and he was very happy about it. He got to see first hand how the system was punishing law abiding citizens under the old rules.

    "Reasonable means of escape" and "Duty to retreat" never did make sense to me. Who draws the line at what is "reasonable"? :rolleyes: If I have to run outside in my boxers in the dead of winter and risk illness because joey crackpipe wants to break in and steal a DVD player, would a judge find that "reasonable"? I'm betting he/she would have :barf: .

    Thanks jenny, for putting the blame and responsibility where it belongs. Squarely in the shoulders of the criminal.
     
  10. Barbara

    Barbara Member

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    The law takes effect October 1, 2006.
     
  11. grampster
    • Contributing Member

    grampster Member

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    Barbara,
    Thank you for all your work in that regard. Woot!
     
  12. Evil Monkey

    Evil Monkey member

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    I now feel a little better about being a citizen of Michigan.:)

    Now we need the state to allow SBR's, and SBS's!:evil:
     
  13. Barbara

    Barbara Member

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    That may not be as far off as you think..
     
  14. Rabbi

    Rabbi Member

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    Thanks to all Michigan gunners, cops, politicians and even Baby Jen.

    She might have signed it but .....................

    Well, thanks.
     
  15. LaVere

    LaVere Member

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    FOR IMMEDIATE RELEASE
    Contact: Phyllis Washburn
    July 20, 2006

    (517) 373-1690


    Castle Doctrine becomes law

    Michigan residents given right to defend selves, homes



    Michigan residents now have the right to use force to defend themselves and their families, if facing imminent harm at the hands of a violent criminal through Public Act 309 of 2006 sponsored by state Rep. Rick Jones.

    Jones worked diligently to pass the legislation through the legislature.

    “I’m very pleased the castle doctrine has become law,” said Jones, R-Grand Ledge. “It is very important to allow citizens the right to protect themselves and their families if they are facing death, great bodily harm or rape.”

    The package of bills protects innocent victims from civil litigation or criminal prosecution.

    During his 31 years at the Eaton County Sheriff’s office, Jones experienced firsthand the incident that helped inspire the legislation. Jones had a case where a violent criminal broke into a home and attacked a man, who fought fiercely for his life. Just as he was losing the battle, his wife came to his rescue and hit the attacker with a jar of pennies, sending the criminal to the hospital.

    The criminal then recovered and brought a civil lawsuit against the family he harmed.

    “It was shocking to watch this innocent family go through the pain and expense of a civil lawsuit,” Jones said. “Their incredibly painful experience was extended past the brutal attack. This law is important because it gives citizens a sense of safety that even though public safety officers can’t be everywhere all the time, they still have a right to personal safety.”

    Further inspiration for the bill came from two books, “One Man’s Castle” and “Arc of Justice.” The books offer the historical account of Dr. Ossian Sweet, a black doctor who defended his life, his family and his Detroit home from a violent mob provoked by the Ku Klux Klan in 1925.

    Sweet was successfully defended by the famed attorney Clarence Darrow, which set judicial precedent for the castle doctrine.




    ***************************************************************************


    Michigan's Governor signs Castle Doctrine Package into Law!
    2006/07/20
    July 20, 2006

    We once again thank our Legislators/MCRGO Directors whom led the charge in moving this through the Capitol. Please take a moment to join with us in extending our appreciation to:

    Senator/MCRGO Director Alan Cropsey
    State Representative/MCRGO Director Tom Casperson
    State Representative/MCRGO Director Joel Sheltrown
    and of course, State Representative Rick Jones also deserves our thanks. His willingness to work towards language key stakeholders could support was important.

    We'd also like to thank the NRA for their help in the critical stage. From the day he hit the ground last winter, Mr. Darin Goens--Michigan's NRA representative--was thoroughly professional and effective.

    We appreciate all that he--and the Legislators listed here--continue to do for responsible gunowners across Michigan!

    Michigan's Castle Doctrine Package includes:

    HB 5143 Sponsored by Rep. Rick Jones - Public Act 309
    HB 5142 Sponsored by Rep. Tom Casperson - Public Act 313
    HB 5153 Sponsored by Rep. Leslie Mortimer - Public Act 310
    HB 5548 Sponsored by Rep. Tim Moore - Public Act 314
    SB 1046 Sponsored by Sen. Alan L Cropsey - Public Act 311
    SB 1185 Sponsored by Sen. Ron Jelinek - Public Act 312

    Latest Updates @ 11:20 am, 7/21: Bills were filed with Secretary of State 7/20/2006 @ 8:58 AM and given IMMEDIATE EFFECT (Actual date of effectivity is October 1st, 2006)
     
  16. SteveS

    SteveS Member

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    An SBR might not be that far off? As I understood, supressors and machine guns can be changed though an AG opinion, but SBR's would require a statutory change. Who is going to introduce this bill?
     
  17. v8fbird

    v8fbird member

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    "Michigan residents given right to defend selves, homes"







    GIVEN the right.

    You don't have inherent, natural, God-given RIGHTS. You have state-bestowed PRIVILEGES.

    Makes you feel warm and fuzzy about living in the "land of the free," doesn't it...
     
  18. fanooch

    fanooch Member

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    Hello all, first post here. I have a question regarding this new law. There seems to some confusion about what this law actually is, mostly my confusion. As best that I can understand from reading SB 1046 and HB 5142, this is not the "stand your ground" law as passed in many other states. Without going into all the details, this only protects you in the home, business or vehicle. As far as I can tell you are still required to retreat any other place you might have a legal right to be. If that is the case, dont we still need a "stand your ground" law in Michigan? These bills that were passed were absoulutly needed, but not quite what I was hoping for. Any enlightenment would be appreciated.
    Thanks
    Steve
     
  19. RS2

    RS2 Member

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    Fanooch, read HB 5143

     
  20. Geno
    • Contributing Member

    Geno Member

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    Thank Goodness!

    As our Advanced Tactical instructor always said, "It's more dangerous to retreat than stand your ground! You just get shot running away!" Seems our "politicos" finally awoke.

    Doc2005
     
  21. Big Gay Al

    Big Gay Al Member

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    Perhaps "given the right" was the wrong phrase to use. We've always had the right, now it's codified in law. Sort of what the 2nd Amendment is supposed to do for our RKBA. Hopefully, this will be more successful.
     
  22. fanooch

    fanooch Member

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    Thanks RS2. Just what i needed.
     
  23. foreigndude22

    foreigndude22 Member

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    I know this topic wasn't active for a long while, but I do have a couple of questions about this law, so if someone runs into this and knows the answers, I'd appreciate it.

    1. Before this law was passed, were Michiganders NOT allowed to protect their homes in case someone intrudes? What was different prior to this law?

    2. For example, if you own a gun in your house and someone enters it and you believe that person will cause you and your family harm, can you still use the deadly force if you are under the influence of alcohol? DOes anybody know anything about it? DOes it make a difference?

    Thank you!
     
  24. Thin Black Line

    Thin Black Line Member

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    +1, v8fbird. The lord has said it's now permissible for the serfs to defend
    themselves inside the interiors of their hovels, but that privilege doesn't
    extend to the swingset in their back yard or walking down their driveway to
    the schoolbus in the morning. This "new" law isn't murky in those circumstances
    at all, huh? It looks like there's no blanket protection and still plenty of
    room for the local attorneys to squabble in both criminal and civil court ;)

    I guess my 25 acres of private property outside ye olde cabin with its long
    private drive, is not mine? How about if I walk in on someone stealing items
    out of my pole barn or shed? Shoud something happen there, that's just too
    bad? :barf:
     
  25. nelson133

    nelson133 Member

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    Go back and read the package, one of the bills extends the protection zone to your entire property, not just the house.
     
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