Florida's Kill Bill goes nationwide

Seriously. We knew the NRA wanted to take its brand of crazed indifference on a road trip. We just didn't know that anyone would notice. After all, the NRA has become the thief in the night of legislation, slipping in without notice, and leaving with more than they let on.

But now that the Kill Bill is law in Florida, people in other states are getting worried that the NRA will make good on its promise to drop the bill everywhere else. Maybe we'll all be able to lock the windows and bolt the doors before they slip in.

A law that lets people shoot anyone, any time, anywhere, as long as the shooter feels "threatened"? It's right off the map. (See FindLaw's analysis) This law has got a lot of people wondering exactly who's pulling the strings in Florida.

Florida lawmakers certainly gave their friends in the NRA an impressive jump start for a national campaign. The Florida law, which goes into effect Oct. 1, passed unanimously in the state Senate and 94 to 20 in the House.
- The Register-Guard

Oh. The NRA. Should've guessed. They've been successful in getting more and more guns into more and more hands. Now they need to get more and more people into more and more situations where it's okay to use those guns.

Which makes you wonder if they really think of guns as a deterrent, or as a response.

On the Right, they're talking about the right to self-defense, and preventing crime, and giving crooks what they deserve. They almost make it sound like this is a law that's about the common good, but it's not. This isn't about defending the poor, downtrodden homeowner being zealously prosecuted for defending his family.
According to lawmakers, no prosecution has taken place against a homeowner for using deadly force against an intruder since the first self-defense laws showed up on the books more than 30 years ago, and no high-profile cases have been logged of someone prosecuted for legally defending himself in public.
- Fox News
So who's the Kill Bill really written for? It is, pure and simple, a giveaway to the captains of industry. The only people who could possibly benefit are the ones selling guns.

Again, it makes you wonder.  Elliot D. Cohen at The Media Channel wondered about it too. Money and power go hand-in-hand, once again.

Why didn't the mainstream media investigate the potential for conflict between the welfare of Floridians and financial/political ties to the NRA? After all, the NRA spent millions backing President George W. Bush in his re-election campaign including aggressively purchasing TV space for anti-Kerry ads. It has now even started its own news company that will enable it to operate free of political spending limits to advance its conservative political agenda.  

Even more telling was a statement from a Florida lawmaker who voted for the bill. It's hard to sympathize with his position, but at least he's on the record with an opinion that lands firmly on both sides of the fence.

Democratic state Sen. Steven Geller said moderate lawmakers were manipulated into voting for Baxley's bill because self-defense in the home and car are reasonable expectations and they did not want to appear soft on criminals by voting against them.

"I hate this bill and I voted for it," he said. "Here's the problem -- the first two parts of the bill are mom and apple pie and American flags and Chevrolet, so you can't vote against it... the third part is terrible."
- Fox News

So there you have it. The NRA slipped its deadly agenda into a reasonable-sounding bill. Just like a thief in the night. But so great is their lobbying and spending power, lawmakers like Sen. Geller were afraid to fight back.

Maybe now that they're allowed to shoot people who threaten them, Florida's legislators will stand their ground against the NRA.  

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For more MSM reaction to the Kill Bill, check out this entry on dKos.

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Comments

2 Comments

PURE SPECULATION
Before any Feds start freaking out, this is pure speculation and not anything proposed, planned or condone.  It is an academic exercise only.

Lets say a politician passes a policy that someone finds threatening.  Under Kill Bill, wouldn't they have the right to kill those politicians?  Or if we found the actions of the NRA threatening... wouldn't we be able to kill their lobbyists because of these threats to our safety?  Just what are the true ramifications of the cowboy culture?  

by yitbos96bb 2005-05-05 11:39AM | 0 recs
What the bill does:
Based on the FindLaw analysis the diarist links to, the bill allows an individual not on his own property to stand his ground rather than fleeing if that individual believes it's necessary to prevent imminent death or great bodily harm, or to prevent the commission of a forcible felony. The analysis suggests that the actual impact of this provision will be minimal, since it replaces one vague standard with another.

The more onerous provision seems to be the extension of the "castle doctrine" -- which allows a person to defend their home more more aggressively -- to include cars, and the creation of a conclusive presumption that anyone illegally attempting to force their way into a home or vehicle intended harm to the occupants.

That is to say, if anybody tries to break into your house or car while you're inside, unless they have some legal right to access (such as police executing a warrant or a legal guardian recovering a child), you can kill them. Period. You don't need any evidence that they were going to hurt you -- you only need the fact that they were trying to break in.

One thing I'm not noticing is an exception for provocation. Let's say, for example, that I decide to pick a fight with somebody. I sucker-punch him, cast some unlikely aspersions on his parentage, slap his girlfriend, and flee to the safety of my car. Enraged, he comes after me, and unlawfully attempts to force his way into my car and deal me some well-deserved retribution. Now, I could reasonably start the car and escape the situation, but I decide instead to go under the seat, pull out a gat and blow the poor sucka's head off.

Am I immune from civil and criminal prosecution for killing him? It would appear so. I've e-mailed the author of the FindLaw article in the hopes that he can clarify this for me. Not that I'm planning anything, but this seems like exactly the sort of cowardly stunt somebody would try, to get away with murder.

by catastrophile 2005-05-05 01:36PM | 0 recs

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