Missouri Governor Vetoes Stand Your Ground Bill

SB656, a bill designed to change Missouri’s self-defense laws – and make Missouri the first state since the Trayvon Martin incident to pass a stand your ground law – was vetoed by Governor Jay Nixon today (June 27). After sailing through the state’s Senate and the House, the bill had been awaiting approval or veto by Nixon since May 13.

It is possible for a gubernatorial veto to be overridden by the state legislature.

SEE: Missouri (Almost) Becomes A Stand Your Ground State

Missouri Governor Jay Nixon
Missouri Governor Jay Nixon (official state portrait)

Nixon, a Democrat, faced enormous pressure from the Republican-led Missouri legislature to enact the law. The bill has been widely considered “veto-proof”; however, a bill which faces opposition by the Governor after passing through the legislature can be challenged with a veto override in the next legislative session, and still become law in the future.

RELATED: 

Missouri’s current self-defense laws state that only the property owner or someone leasing it are allowed to use deadly force against an intruder.

SB656 would have allowed deadly force to be used by anyone who has permission to occupy private property, such as a house guest, and also make it a misdemeanor, and no longer a felony, for anyone carrying a concealed weapon into a place that has restrictions on concealed carry.

The bill also would have allowed open-carry without a permit, and expanded the state’s self-defense laws to include the words “does not have a duty to retreat from a dwelling, residence, vehicle, private property that is owned or leased, or anywhere else a person has a right to be – the very definition of stand your ground law – making Missouri the first state since Trayvon Martin incident to pass such a law.

 

 

Crazy Gun Laws That Put Our Lives at Risk

Did you know there is at least one municipality in America that requires the head of household to own a gun? It’s just one of the many “gun laws” that the National Rifle Association (NRA) has pushed to enact across the nation. In fact, Thom Senzee reports on Advocate.com that there are other “crazy” gun laws – like stand your ground – that put our lives at risk.

The NRA has been so effective at defeating just about every proposed gun control measure in the U.S. Senate, the House of Representatives, and in state houses across the country that it may be time to replace the term “lobbying” with a new one.

The NRA and its executive director, the unyielding Wayne LaPierre, have been working hard to enact pro-gun laws. For example, according to Mother Jones, LaPierre and company are bent on bringing stand your ground laws to all 50 states.

During the past four decades, the NRA has fundamentally changed the very meaning of the term “gun laws.” If you think “gun laws” refers to laws that limit the availability of guns, think again. This list of absurd legislation (and proposed legislation) shows how some are fighting to extend the right to bear arms to even schools and workplaces. See 7 Crazy Gun Laws That Put Our Lives at Risk on advocate.com

South Carolina Supreme Court Upholds Murder Charge Dismissal

South Carolina’s Supreme Court recently ruled that a North Charleston woman legally used deadly force in 2012 when she fatally stabbed her boyfriend at their home. The ruling on May 18, 2016 helps clarify how South Carolina’s “stand your ground” law applies to domestic violence.

SC Supreme Court Asks Lawmakers To Help Them Understand Stand Your Ground

In October, 2014, a trial judge in Charleston dismissed a murder charge against 26-year-old Whitlee Jones, who claimed immunity from prosecution under the state’s Protection of Persons and Property Act. The law allows people in certain situations to use force when faced with serious injury.

Whitlee Jones (photo: Cannon Detention Center)
Whitlee Jones (photo: Cannon Detention Center)

                                   Whitlee Jones (photo: Cannon Detention Center)

Jones was the first of three North Charleston women charged with murder during a two-year span in the stabbing of a boyfriend or a roommate. Judges dismissed charges against all of them. Read the full story at postandcourier.com

Why Stand Your Ground Laws Won’t Stop A Mass Shooting

After each mass shooting in America, a voice is heard somewhere in the wilderness of the gun control debate preaching the myth that “nothing stops a bad guy but a good guy with a gun.” This worn-out statement has been used in support of stand your ground laws, but it’s unlikely stand your ground laws would stop a mass shooting.

The good guy myth is repeated by the gun lobby – like a sales pitch for a reliable car – almost every time there’s a high-profile murder of innocent people, or a vigilante kills a perp, and it’s simply not true.

In the wake of the worst mass shooting in U.S. history, at the Pulse night club in Orlando, we heard it again. Presumptive Republican presidential nominee Donald Trump, an NRA supporter, is likely to have said it again by the time you read this.

Stand your ground is dangerous

Some gun owners may argue that engaging a threat is the best solution. In Florida – the birthplace of “stand your ground” laws – it’s highly possible that several patrons or employees of the night club were armed, and reports are that an armed security guard fired back at the gunman during the frenzy. It’s unclear if the club had a system to check for weapons at the entrance.

Scene of Pulse nightclub shooting
Scene of Pulse nightclub shooting (photo credit: Orlando Police Dept.)

Chances are, 29-year-old Omar Mateen, like any other mass shooter, probably didn’t bother to make a normal entrance on his hours-long rampage, as he killed 49 people and wounded 53 others. it was only when police fired on him that the shooting ended.

Stand your ground law relieves a person of a duty to retreat. That means there is no obligation to try and escape any danger or call police in the face of a threat. It allows for the use of deadly force to meet deadly force.

SEE: About Stand Your Ground Law

It means the law may be on the good guy’s side even if he’s not the intended target of a gunman. There have been several cases where the “good guy” saved the day. A Good Samaritan can also be killed while trying to come to the rescue of others, as what happened outside a Dallas, Texas store last month.

No warning, lots of firepower

But without any warning or firepower to match, who can stand their ground against an AR-15 assault rifle firing 45 rounds a minute – a weapon designed for war – wielded by a crazed gunman intent on carnage?

Mass shootings in U.S.
Mass shootings in U.S. (graphic credit: L.A. Times)

Some research suggests that a “good guy with a gun” may not even be aware of a threat until it’s too late. In a mass shooting, there is usually no warning, in which case the good guy role is dangerously ineffective at least.

At it’s deadliest worst, there is also an increased chance during an active shooter situation that any number of innocent people may be hurt or killed by “friendly fire” from an untrained civilian – who happens to be a “good guy with a gun”. There could also be criminal or civil legal repercussions.

To successfully meet force with force, there must be some type of warning and an equal or better effective and accurate amount of force used to stop a bad guy with an AR-15. In almost every mass shooting of recent years (including the Newtown school shooting, the movie theater shooting in Aurora, and the San Bernardino  shooting) it was the shooter’s weapon of choice.

Yet the NRA, the AR-15’s most avid supporter, has opposed any efforts to keep assault weapons out of the hands of bloodthirsty maniacs. In the immediate aftermath of the worst mass shooting in our memory, the organization was unusually quiet and offered no expressions of sympathy for the victims.

Manufacturers of these high-powered weapons of war are facing lawsuits from some families. Families of Sandy Hook victims have filed lawsuits against gun manufacturers they say made a weapon that shouldn’t be sold to civilians. In response to the Orlando shooting, presumptive Democratic presidential nominee Hillary Clinton said “It reminds us once more that weapons of war have no place on our streets.”

There should be state and federal bans on assault-type weapons designed more for war than for hunting, such as was in effect from 1994 to 2004. It’s estimated that there are millions of these weapons in circulation. Efforts to reinstitute the ban have been underway but encounter resistance from the gun lobby.

Only lawmakers can help

Unfortunately, it appears that mass shootings do little to change state gun laws, even when we say enough is enough. Many politicians only use phrases like “thoughts and prayers” after a mass shooting, when action is what’s needed.

It’s up to lawmakers in each state who recklessly feed into NRA rhetoric and NRA money to act now – with urgency – and address the epidemic of gun violence by enacting gun laws for safety that may protect us. Anything less will continue to diminish our pursuit of happiness.

Having a stand your ground law can’t help stop a mass shooting, but sensible gun laws can help. We must hold state lawmakers responsible if they want our votes. We must demand that they take action to make America SAFE again.

10 Infamous Quotes About Stand Your Ground Laws

Ever wondered what a certain person had said or who said what about stand your ground laws? Some statements against stand your ground laws made in the aftermath of the trial in Trayvon Martin’s death were very controversial, and overshadowed the tragedy itself. Here are a few notable – or infamous – memorable expressions:

 

PRESIDENT BARACK OBAMA
PRESIDENT BARACK OBAMA

“If Trayvon Martin was of age and armed, could he have stood his ground on that sidewalk?… when Trayvon Martin was first shot I said that this could have been my son. Another way of saying that is Trayvon Martin could have been me 35 years ago.”

 

FORMER U.S. ATTORNEY GENERAL ERIC HOLDER:
FORMER U.S. ATTORNEY GENERAL ERIC HOLDER

“It’s time to question laws that senselessly expand the concept of self-defense and sow dangerous conflict in our neighborhoods. These laws try to fix something that was never broken. There has always been a legal defense for using deadly force if no safe retreat is available. But we must examine laws that take this further by eliminating the common-sense, age-old requirement that people who feel threatened have a duty to retreat, outside their home, if they can do so safely. By allowing and perhaps encouraging violent situations to escalate in public, such laws undermine public safety.”

 

RELATED: Crazy Gun Laws That Put Our Lives at Risk

 

REP. DAVID GUTTENBURG
ALASKA STATE REPRESENTATIVE DAVID GUTTENBURG

“The law just allows people to go on the offensive…it doesn’t do what people think it does, and people will get the idea that they can shoot people wherever they want. I just think we went too far.”

 

FLORIDA SENATOR GERALDINE THOMPSON
FLORIDA SENATOR GERALDINE THOMPSON

“Florida has to fix this problem because Florida created this problem with the kind of law that we placed on the books, so we have to change the law or we are going to see more Trayvon Martins.”

 

Ohio State Rep. Alicia Reece
OHIO STATE REPRESENTATIVE ALICIA REECE 

“Stand your ground would do nothing but turn our state into the Wild, Wild West.”

 

FORMER MIAMI POLICE CHIEF TIMONEY
FORMER MIAMI POLICE CHIEF JOHN TIMONEY

“Whether it’s trick-or-treaters or kids playing in the yard of someone who doesn’t want them there or some drunk guy stumbling into the wrong house, you’re encouraging people to possibly use deadly physical force where it shouldn’t be used.”

 

Michael_R_Bloomberg
FORMER NEW YORK MAYOR MICHAEL BLOOMBERG

(photo credit: Rubenstein – originally posted to Flickr as Mayor Michael Bloomberg, CC BY 2.0 https://commons.wikimedia.org/w/index.php?curid=9652718)

“‘Shoot-first’ laws like those in Florida can inspire dangerous vigilantism and protect those who act recklessly with guns. Such laws – drafted by gun lobby extremists in Washington – encourage deadly confrontations by enabling people to shoot first and argue ‘justifiable homicide’ later.” 

 

IRAQ WAR VETERAN JON STOLTZ
IRAQ WAR VETERAN  JON STOLTZ

“These laws give anyone with a gun more permissive rules of engagement in America’s communities than our troops have on the battlefield.”

 

Stevie_Wonder
ENTERTAINER  STEVIE WONDER

“I decided today that until the Stand Your Ground law is abolished in Florida, I will never perform there again.”

 

RICHARD ESKOW
RICHARD ESKOW, AUTHOR

“The laws are also more permissive than 19th-century law, despite the fact that dueling remained legal until 1859, when most states outlawed it. Unlike Stand Your Ground, both parties in a duel were armed and had an equal chance of success. Duels were also voluntary, whereas a person who is shot under Stand Your Ground has no choice in the matter.”

 

 

SC Supreme Court Asks Lawmakers To Help Them Understand Stand Your Ground

As a bill that would expand the state’s stand your ground law stalled in the Senate, the South Carolina Supreme Court has asked legislators to clarify under what circumstances someone can claim self-defense if they kill a stranger or someone else in their home.

They also asked the state lawmakers to determine if all defendants deserve a stand your ground hearing before a trial.

standyourground

A bill that would shift the burden of proof in a stand your ground case to require prosecutors to prove there was no threat stalled in the state Senate on Thursday, May 19, when a subcommittee decided not to vote on it. The bill would essentially be an expansion of South Carolina’s existing “shoot first” stand your ground law.

Should the burden of proof shift from defendant to prosecutor, it would make it easier for a defendant to prove self-defense. Full story at theslate.com

What do Missouri and Trayvon Martin’s Killer Have in Common?

An online auction on the gun used to fatally shoot Trayvon Martin took place this week. Last week, the Missouri legislature passed SB 656, a stand your ground bill just like the one that let Trayvon Martin’s killer walk free in Florida.

In response to the auction, Lucy McBath, mother of Jordan Davis who was killed in November 2012 at a Florida gas station during an argument over loud music (whose killer used stand your ground as part of his defense) penned this oped for the New York Daily News, exposing how both the auction of the firearm that killed Trayvon and NRA-backed stand your ground laws (and the legislators who vote for them) share the same deplorable lack of value for human life.

Stand your ground laws make communities less safe by letting people shoot to kill in public places, even when they can clearly and safely walk away from danger. And now Missouri is on the verge of becoming the first state to pass a new stand your ground law since Trayvon was killed.

The research on how stand your ground laws endanger public safety and in particular, disproportionately affect African Americans, is clear:

  • Everytown for Gun Safety found that states with stand your ground laws have, on average, experienced a 53 percent increase in homicides deemed justifiable in the years following passage of the law, compared with a five percent decrease in states without stand your ground statutes during the same period—an increase disproportionately borne by the black community. And after Florida passed its stand your ground law, its “justifiable homicide” rate tripled.
  • A 2012 study by researchers at Texas A&M found that stand your ground laws are associated with an increase in homicides, resulting in 600 more homicides nationwide each year.
  • The Urban Institute also examined racial disparities in justified gun homicide rulings that involve a single shooter and victim who are strangers. The researchers found that when white shooters kill black victims, 34 percent of the resulting homicides are deemed justifiable, while only 3.3 percent of deaths are ruled justifiable when the shooter is black and the victim is white.

Beyond all of that, Missouri’s SB 656 would also dismantle the state’s concealed carry permit requirement and allow people – including some violent criminals – to legally carry hidden, loaded handguns in public without a permit or any safety training. Missouri legislators passed this despite opposition from 76% of Missourians.

These are all reasons why hundreds of volunteers with the Missouri chapter of Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety, have made phone calls, sent emails, met with their lawmakers and testified to defeat SB 656. The bill is now on the Governor’s desk.

Everytown for Gun Safety logo

Source: Everytown for Gun Safety/Moms Demand Action press release

What The Zimmerman Gun Auction Means

 

By now, you’ve probably heard that George Zimmerman placed an online auction on the gun he used to fatally shoot Trayvon Martin. He said the U.S. Department of Justice returned the gun to him, after holding it since his acquittal on July 13, 2012.

When many of us saw the name of America’s human disaster trending on twitter last week, we were hoping he had died, right? This latest fiasco by a sick, troubled, publicity hounding, murdering nut who claims to be so “patriotic” means some disturbing, haunting emotions and memories America experienced three years ago will return.

Gun used to kill Trayvon Martin
Gun used to fatally shoot Trayvon Martin

My first reaction was not to publicly post or comment on this. To just let it ride, while America’s reactions played out on major news outlets, and give it time to blow over. Then my own emotions took control, and the anger, disgust, and pain seeped into the fingers typing these words. As I waited to observe the original online auction, it mysteriously disappeared right about the time it was scheduled to begin.

The Orlando Sentinel reported that GZ later sent a text which read that the auction site “was not prepared for the traffic and publicity surrounding the auction of my firearm.” That site later issued a statement saying it reserves the right to reject listings, and had done so with this one.

So he cut and pasted the gun and description onto another site, unitedgungroup.com, with the same starting bid of $5000. The site publicly changed their position regarding the auction, at first denying, then allowing the sale (presumably at the advice of their legal counsel), conceding he had as much right to sell his weapon on their site as anyone else did.

The description says that sale proceeds will be used to “fight BLM violence against Law Enforcement officers, ensure the demise of Angela Correy’s (sic) persecution career and Hillary Clinton’s anti-firearm rhetoric.” It ends with the Latin words Si Vis Pacem Para Bellum (If you want peace prepare for war).” –

If there was any good intention in this creep, he would have donated the gun to a museum, or had it destroyed. Instead, he claims in the sale description that he turned down a Smithsonian offer, but the museum has issued the following statement on twitter:

This new auctioneer site reportedly crashed as the second auction began, but was back up the next morning. The auction was scheduled to run 4 more days. But after it was targeted by fake bidders, and reached a high bid of $65.4 million USD, that user’s account was deleted.

Then a new bidder posted a high bid of $485,000. The disturbed gun owner soon deleted the first auction himself, vowing to start over days later, and did so yesterday (May 17), with a starting bid of $100,000.

Zimmerman gun auction screen shot
Zimmerman gun auction screen shot from unitedgungroup.com (click to enlarge)

This time, only about three or four serious bidders and a couple of fake ones participated. In the end, it appeared the gun had sold to someone named David Thorne for $138,800 – although a hacker named John Smith (with a widely reported fake last-minute bid of $138,900) made several attempts to derail the sale with fake bids.

The auction was immediately deleted from the site after it ended. If all auction attempts failed, GZ reportedly claimed he still had several private offers.

The freedom to sell anything he owns would also apply to the vehicle he drove on the night he fired the fatal shot on Trayvon Martin, or the clothes he wore that night.  Yet, for anyone to attempt to profit from a tragedy that shook the nation is as callous and unpatriotic as trying to sell hurricane memorabilia to storm survivors.

How sad. How utterly insulting, disgraceful, disrespectful, distasteful, atrocious, ignorant, shameless, selfish, and blatantly obnoxious. We could go on and on with adjectives that deliberately cut open wounds that haven’t healed, to describe how this feels, and what it means.

One thing that should never happen is that a murder weapon in a case like this can be used against the emotions of America. It’s an ultimate insult to the victim’s family – and all those who protested the outcome of one of the most famous trials in our history.

The reality of what the auction means is all too painful. It’s the ultimate slap in the face to everyone who thought it was a disgraceful injustice when a man who fatally shot an unarmed teenager walked free.

UPDATE: This article has been edited as originally published to include facts established by auction observation such as a widely reported last-minute bid of $138,900, which was established to be a fake bid.

Stand Your Ground Top Tweet

 

This GIF image, used in Roy Clymer’s post entitled “A Manifesto of Second Amendment Responsibilities“, powerfully portrays a simple message so effectively that it gained lots of attention on twitter within the last month and became our Top Tweet.

With ownership of a car comes the responsibility to drive it safely and properly. Why is it easier in some places to get a license to own a gun than a license to drive a car? For a gun owner, there should also be a responsibility to use a gun safely and effectively. Do you think everyone should own a gun?

Missouri (Almost) Becomes A Stand Your Ground State

UPDATED: June 27, 2016 (This post was originally published as “Missouri Becomes A Stand Your Ground State”. The title has been changed to accommodate a veto on June 27, 2016, by Governor Jay Nixon.)

SEE: Missouri Governor Vetoes Stand Your Ground Bill

Democrats filibustered and put up a bold, powerful fight against SB656, a bill that will make Missouri the first since the Trayvon Martin case to become a stand your ground state. In the end, after a Senate vote of 28-8, the bill passed through the House with a vote of 114-36, disappointing many opponents. With the Senate majority vote, the bill cannot be vetoed by Democratic Governor Jay Nixon.*

RELATED: Kurt Schaefer Pushes For Stand Your Ground In Missouri

SB656 changes several things in Missouri’s laws on self-defense, use of weapons, and concealed carry. The laws already included a castle doctrine, which covers protection of home & property.

Stand your ground was added under the unlawful use of weapons portion of the bill, when words were changed to state that now a person does not have a duty to retreat from a dwelling, residence, vehicle, private property that is owned or leased, or anywhere else a person has a right to be, as long as that person is not engaged in an unlawful activity, and not unlawfully entering or unlawfully remaining.

 

Missouri Capitol
Missouri Capitol (Image: Missouri Senate website)

 

Here are some other key points in the legislation:

SELF DEFENSE

The act provides that any unexpended funds in a Sheriff’s Revolving Fund, which usually accumulate from year to year, will no longer be required to remain in the fund, and now may be used for other purposes or transferred to discretionary funds for the sheriffs.

The law will now allow deadly force to be used by anyone who has permission to occupy private property, such as a house guest. Previously it applied only to the property owner or someone leasing it.

UNLAWFUL USE OF WEAPONS

It’s will now be only a misdemeanor, and no longer a felony, to carry a concealed weapon into a place that has restrictions on concealed carry.

CONCEALED CARRY PERMIT FEES

Caps the CC permit fee at $100. Also provides options of a $500. lifetime fee rather than every five years; $200 to receive a Missouri extended concealed carry permit that is valid for 10 years or $250 for an extended permit that is valid for 25 years. To renew an extended permit, the permit holder must pay $50.

* It’s posssible for a gubernatorial veto to be overriden by a state legislarure.

 

Poll Shows People Uneasy In Theaters That Allow Open Carry

 

Most movie theaters have a policy that forbids firearms, and you may think anyone would be a little uneasy in a dark theater where open carry is allowed, but results of an unscientific recent twitter sample poll indicate that some people would feel comfortable in a theater which allows open carry.

Surprisingly, some respondents (11%) appear to indicate they’d be fine with open carry and voted “Yes”, while a few (3%) indicated they don’t know how they would feel. Nonetheless, a majority of participating respondents -86% – voted “No” to the question “Would you be comfortable in a movie theater that allows open carry of guns?.” The twitter poll, conducted May 6-13, 2016, was offered to approximately 590 followers by the movement to change or repeal stand your ground laws.

Indeed, it has become a very real fear that someone can, in fact, actually walk into a theater and open fire, whether or not they open carry. A civil trial began this week in the Aurora, Colorado shooting that left 12 people dead and 70 injured. And a stand your ground hearing is set this month in the murder of a movie patron fatally shot by a retired cop in Florida.

Century 16 theater in Aurora CO
Century 16 theater in Aurora CO

Open carry in a theater could possibly increase that fear. because we’re all too aware of the dangers posed in any public gathering place. A place of darkness may appear to be even more threatening. In one incident last year police received several calls after an open-carry advocate entered a theater in Arkansas, and in Kansas, it caused quite a ruckus when a gun-toter was kicked out of a Topeka, Kansas theater.

Other questions asked in recent quick twitter polls by the movement include, “Should a blind person be allowed to own and use guns?” (the result was undoubtedly 100% ‘no’), a 3-day poll, and “Would guns on campus make colleges drop sensitive topics or be cautious discussing them?” (the result was 67% yes and 33%no), in a 5-day poll.

Check out final results of the movie theater poll below, and post what you think in the comments. You just might be a Floridian or Texan – if you are comfortable watching a movie in a theater that allows open carry.

 

 

Kurt Schaefer Pushes For Stand Your Ground In Missouri

 

UPDATED: May 15, 2016

As a rule, prosecutors don’t like so-called “stand your ground” gun laws — those that allow citizens to use lethal force in the face of a perceived threat without first attempting to retreat.

Kurt Schaefer, a Missouri senator vying to become the state’s top prosecutor, must have missed that memo…see full article

RELATED: Missouri (Almost) Becomes A Stand Your Ground State

This is an excellent on-point article about a shameless, out-of-touch politician. As an example, he actually retweeted this:

KurtSchaeferTwitter

UPDATE: On the weekend after the Legislative Session closed, Schaefer also retweeted a tweet onto his twitter profile which advised voters to say “No to Kurt Schaefer.” How much more out of touch can a politician get?: