Old News, But... We Have the Castle Doctrine!

Michigan is the newest Castle Doctrine state!

Governor Granholm signed the legislation while I was "on duty" during the National Matches at Camp Perry, so I haven't written by thank you's yet. While there was wireless internet access available, it never seemed to work right, and I'd spent my time instead watching "Ocean's 11" and other cool movies instead of going into town and finding a connection that worked. So, I apologize for getting out my sincere "thanks" so late.

Credit must go where credit is due. First to the countless self-defense and 2nd amendment grass-roots advocates who bravely lead the charge to protect those in their cars or homes engaged against criminal elements. Several organizations were involved as well. To each of you, "thank you."

Next, I thank those who introduced the six bills comprising the Castle Doctrine package. Special thanks also to the staff members for all their assistance. The six bills were introduced by Senators Alan Cropsey and Ron Jelinek, and Representatives Rick Jones, Tim Moore, Leslie Mortimer and Tom Casperson.

Third, to those 80% of legislators who passed this sensible legislation. While the bills were introduced by Republicans, there was good bi-partisan support to pass these bills with an 80%+ approval.

Finally, thanks to Governor Jennifer Granholm (D), who used her pen in a showing of ultimate bi-partisan support as she signed the Castle Doctrine into being.

The law takes effect on October 1, 2006.

As NRA-ILA wrote:

On July 20, Governor Jennifer Granholm (D) signed into law a package of six self-defense bills backed by NRA, bringing "Castle Doctrine" protections to law-abiding Michigan citizens.

"I want to thank the Michigan Legislature and Governor Jennifer Granholm for working together in making this victims' rights bill law," said NRA-ILA Executive Director Chris W. Cox. "When you're confronted by a criminal, you don't have the luxury of time. This "Castle Doctrine" package states that if victims choose to stand their ground and fight, their decision will not be second-guessed by the State of Michigan. The ability to protect yourself, your children, or your spouse from harm is important, whether you're in your home or outside."

The six-bill "Castle Doctrine" Package passed with bi-partisan, supermajority support in both houses of the Michigan legislature:

HB 5143, sponsored by Rep. Rick Jones (R-71), creates the "Self Defense Act" and specifies that it is not a crime to use force or deadly force to defend oneself if that person is not breaking any laws when defensive force was used. The person must be facing imminent threat of death or great bodily harm.

SB 1046, sponsored by Sen. Alan Cropsey (R-33), outlines rebuttal presumptions for justified use of self-defense. The bill makes it clear that there is no "duty to retreat" if a person is in a place where he or she has a legal right to be.

SB 1185, sponsored by Sen. Ron Jelinek (R-21), allows for the award of court and attorney fees in civil cases where it was determined a person acted in accordance with the "Self Defense Act" and where civil immunities apply.

HB 5548, sponsored by Rep. Tim Moore (R-97), gives civil immunities to persons acting in accordance with the "Self Defense Act," preventing criminals and their families from suing law-abiding citizens.

HB 5153, sponsored by Rep. Leslie Mortimer (R-65), puts the burden of proof on the prosecutor to show that a person acted unlawfully in the application of force, rather than the person using the force having to prove they acted lawfully.

HB 5142, sponsored by Rep. Tom Casperson (R-108), expands the definition of "dwelling" to include a person's garage, barn, backyard, etc.