Self-defense measures trigger debate
By DEREK WALLBANK
Capital News Service
Friday, February 17, 2006


LANSING- Proposals that would formalize and expand Michigan residents' rights to self-defense are expected to get a hearing in the House.

The bills would provide legal immunity for the use of force - including deadly force - in self-defense.

The chair of the Judiciary Committee, Rep. William Van Regenmorter, R-Georgetown Township, said the measures probably will be considered this spring, and the timeframe "will be shorter rather than longer."

Almost identical legislation introduced by Sen. Alan Cropsey, R-DeWitt, is scheduled for a committee hearing on Feb. 21.

"You should be able to use every defense possible," said Rep. Tim Moore, R-Farwell, a sponsor of one of the bills.

"You have innocent people who have to go to court and defend themselves," said cosponsor Tom Casperson, R-Escanaba. "As long as this criteria's met, you don't have to worry about a lawsuit, you have a right to defend yourself."

But opponents argue that the legislation will encourage people to take the law into their own hands.

"To even consider this bill is ridiculous," said Shikha Hamilton, president of the Michigan Million Mom March chapter of the Brady Campaign to Prevent Gun Violence, a gun-control advocacy group.

"If this bill passes, we are all a little more likely to become innocent bystanders," Hamilton said.

Rep. Rick Jones, R-Grand Ledge, another sponsor, said people have the right to self-defense because of well-established precedent, but there was always the potential for courts to overturn it.

"There is no Michigan statute that guarantees that right," Jones said. "It should be codified to ensure that the case law is never changed."

Jones pointed to a case when he was Eaton County sheriff and a man broke into a Dimondale couple's house and threatened the husband with a screwdriver.

"While he was fighting for his life, crashing into walls, his wife ran over with a jar of pennies and knocked the intruder out cold," Jones said. "A few months later, the guy sued."

Though the couple prevailed in court, Jones said that the litigation process was difficult for them. "This shouldn't happen in America."

But opponents say the legislation is too broad, and could potentially excuse fights in bars and on schoolyard playgrounds.

"There is a potential for a couple of problems" in the proposals, said Zach Ragbourn, assistant director of communications for the Brady Campaign to Prevent Gun Violence in Washington D.C.

Ragbourn said that people would be encouraged to take the law into their own hands, potentially leading to fatalities. "But it would be too late to review the law because the guy's dead."

The Brady Campaign funded a drive to warn tourists in Florida of a similar law, nicknamed the "shoot-first law" by opponents.

The group handed out flyers at Miami and Orlando airports telling visitors not to argue excessively with local residents because they might get shot.

Terry Jungel, executive director of the Michigan Sheriffs Association, said that while the legislation is a "wonderful idea in concept," it raises serious concerns about a person's right to take someone else's life. The association has not taken a position on the bills.

Rep. Van Regenmorter said that the proposals are under committee review.

"These self-defense issues have been around for a while, and they always bring a bit of controversy," he said.