First Monday and Every Monday
June 9 , 2006

Last year Florida, at the urging of the National Rifle Association, passed legislation that expanded situations in which a person could use deadly force to defend themselves against a perceived attack. The so-called “Stand Your Ground” law was signed by Gov. Jeb Bush and became effective on Oct. 1, 2005.

Castle Doctrine

In Iowa and most states, a person has a right to defend themselves in their home from an intruder who unlawfully enters their home, including the use of deadly force. A person has the right to stand their ground and no duty to retreat from their home, even if they could do so safely. It is presumed that anyone who illegally enters your home is a threat to your life, regardless of whether there is any evidence of intent to harm. It’s called the “Castle Doctrine” – based on the maxim that “one’s home is one’s castle.”

The Florida law expanded the castle doctrine principle to include a person’s vehicle and any place the person has a right to be, meaning any public setting, including the street. Under Florida’s new law, a person may use deadly force if they have “reason” to feel threatened. If a person “feels” threatened, they can fire away. They have no duty to retreat.

A person who uses deadly force under the Florida law is immune from criminal prosecution and civil liability.

License to Murder

This has led opponents of the Florida’s “Stand Your Ground” law to call it a “License to Murder.” Other names for the law are “Shoot First,” “Make My Day,” and “Shoot the Avon Lady.”

The concern is that such laws, whatever they are called, will give a person more leeway to shoot someone rather than to resolve contentious situations without resorting to violence. Most law enforcement officers will tell you that it makes sense to retreat from a threatening situation if you can do so safety.

And how do you define “reason to feel threatened.” What to one person is an “argument” with no intent to harm could be construed as a “life-threatening situation” by another person. 

Other states adopt deadly force laws

Deadly force laws are a high priority for the NRA. At least eight states have adopted deadly force laws similar to the Florida law – Alabama, Colorado, Florida, Georgia, Indiana, Kentucky, Mississippi, New Hampshire, and South Dakota.

In addition, deadly force laws have been introduced in 14 other states, including Iowa. Iowa’s proposed deadly force law (SF 2274) was introduced by Senator Larry McKibben (R-Marshalltown) in the 2006 session of the Iowa Legislature. The bill was assigned to the Senate Judiciary Committee. The Committee took no action on the bill during the 2006 session.

There is no compelling reason to change Iowa law regarding the use of deadly force. Iowans already have the right to use deadly force “if it is reasonable to believe that such force is necessary to avoid injury or risk to one’s life or safety or the life or safety of another”

 (Iowa Code section 704.1). We don’t need a new law that provides legal immunity for people whenever they shoot someone because they “felt” threatened.

The impact of Florida’s deadly force law is still uncertain. So far, the law has been proposed as a defense for a truck driver who shot an unarmed car owner, for a man who allegedly started a fight and then shot his opponent, and in a gang confrontation that resulted in two deaths.

Iowa lawmakers would be wise to wait and evaluate the impact of “Stand Your Ground” laws in Florida and other states before changing Iowa’s current law.

Petition

To sign a petition against the NRA’s “License to Murder,” go to:

http://www.licensetomurder.com/petition