Important Michigan Self-Defense Bills...

[Cruentus]

I am hoping it is O.K. to post this (I wouldn't post it if I thought it wasn't O.K.), but here is an email I recieved from the advocacy group that I am a part of: GLSDA. You can learn more by clicking on the banner above, as they sponser this forum.

If your in Michigan, I encourage you to contact your representative. I know it might be a little late for this vote, but keep on them for the next ones, especially if any of these bills don't pass.

I also highly suggest becoming a GLSDA member if you are in the Great Lakes Region. By joining this advocacy group, you will have access to combat research, a great newsletter, and up to date information of important legislative issues involving self-defense as they come up.

Anyways, Some have inquired about "Duty to retreat" and other legal issues on MartialTalk, and I promised to keep everyone up to date on some of these bills.

I hope that despite the anti-self-defense lobbyists, that these bills pass with flying colors...

Paul

Dear Paul Janulis,

What do criminals and anti-gun lobbyists have in common? They prefer
easy targets and they take what you don't protect!

Michigan House Bills 5142, 5143, HB 5153 and 5548 will go before the
Judiciary Committee on Tuesday, 4-18-06. For a description of these
Bills, please visit the "GLSDA Watch" at www.glsda.org. These Bills are
under attack by an organized coalition of activist who opposes your right
of self-defense. Because of the time sensitive nature of this issue, all
members are encouraged to contact your State Representative and express
your support of these Bills by fax. To identify your Representative,
and to obtain their contact information, please click here:

http://www.glsda.org/Default.aspx?tabid=94

You are also encouraged to contact the members of the Judiciary
Committee. You can obtain their information here:

http://house.michigan.gov/committeeinfo.asp?lstcommittees=judiciary&submit=Go

Don't let the criminals and anti-gun lobbyists win. Protect your right
of self-defense by contacting your State Representative today and
encourage others to do the same!

 

[Rich Parsons]

Thanks for the information Paul.

 

[Cruentus]

And for those of you too lazy to click the above links (lol)

Here are some of the Bill descriptions. The top ones have become law already due to intelligent votes by our legislatures as well as advocacy and awareness groups like GLSDA...

H.B. 4643(MI) BECOMES LAW! Michigan Public Act 92 of 2006 amends the handgun licensure law to address delay problems in the renewal process. It requires a concealed weapon licensing board to issue or deny a renewal license within 60 days after a licensee properly applied for renewal and extends the original license period if the board does not meet the 60-day requirement.

H.B. 4642 (MI) BECOMES LAW! Michigan Public Act 75 of 2006 amends the handgun licensure law to allow an individual to carry, possess, use, or transport a pistol belonging to another individual if the pistol were properly licensed and inspected under the law and the individual carrying, possessing, using, or transporting the pistol had obtained a license under the law to carry a concealed pistol.

H.B. 5153 (MI) “Self Defense Bill” A bill to clarify the rights and duties of self-defense and the defense of others; to provide for criminal and civil immunity under certain circumstances; to regulate the investigation of incidents involving self-defense or the defense of others; and to provide for certain remedies.

H.B. 5143 (MI) “Repeal Duty to Retreat in self defense” To establish that a person who uses deadly force for self defense in the home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, establishes that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm.

S.B. 1046 (MI) “Repeal Duty to Retreat in home defense“ To create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute.

H.B. 5548 (MI) “Ban lawsuits in cases of legitimate self defense“ Introduced by Rep. Tim Moore on January 17, 2006, to establish that a person may not be sued for using deadly force for self defense in his or her home, contiguous private property or occupied vehicle as specified by HB 5143 and 5153.

S.B. 0580 (MI) “Requires homeowners ins. to cover self defense“ To prohibit an insurance company from excluding coverage in a homeowners insurance policy for injuries resulting from an act committed by a homeowner in self-defense, and establish that self-defense is an exception to any “intentional acts” exclusion in a policy. Under the bill, an inflicting an injury in self-defense could not be considered an “expected” or “intended” act. In the 1990s, the Michigan Supreme Court ruled that a homeowner who had injured an intruder in self-defense had committed an “intentional” act, and so was not covered by his insurance.

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[Rich Parsons]

And for those of you too lazy to click the above links (lol)

Here are some of the Bill descriptions. The top ones have become law already due to intelligent votes by our legislatures as well as advocacy and awareness groups like GLSDA...

H.B. 4643(MI) BECOMES LAW! Michigan Public Act 92 of 2006 amends the handgun licensure law to address delay problems in the renewal process. It requires a concealed weapon licensing board to issue or deny a renewal license within 60 days after a licensee properly applied for renewal and extends the original license period if the board does not meet the 60-day requirement.

H.B. 4642 (MI) BECOMES LAW! Michigan Public Act 75 of 2006 amends the handgun licensure law to allow an individual to carry, possess, use, or transport a pistol belonging to another individual if the pistol were properly licensed and inspected under the law and the individual carrying, possessing, using, or transporting the pistol had obtained a license under the law to carry a concealed pistol.

H.B. 5153 (MI) “Self Defense Bill” A bill to clarify the rights and duties of self-defense and the defense of others; to provide for criminal and civil immunity under certain circumstances; to regulate the investigation of incidents involving self-defense or the defense of others; and to provide for certain remedies.

H.B. 5143 (MI) “Repeal Duty to Retreat in self defense” To establish that a person who uses deadly force for self defense in the home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, establishes that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm.

S.B. 1046 (MI) “Repeal Duty to Retreat in home defense“ To create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute.

H.B. 5548 (MI) “Ban lawsuits in cases of legitimate self defense“ Introduced by Rep. Tim Moore on January 17, 2006, to establish that a person may not be sued for using deadly force for self defense in his or her home, contiguous private property or occupied vehicle as specified by HB 5143 and 5153.

S.B. 0580 (MI) “Requires homeowners ins. to cover self defense“ To prohibit an insurance company from excluding coverage in a homeowners insurance policy for injuries resulting from an act committed by a homeowner in self-defense, and establish that self-defense is an exception to any “intentional acts” exclusion in a policy. Under the bill, an inflicting an injury in self-defense could not be considered an “expected” or “intended” act. In the 1990s, the Michigan Supreme Court ruled that a homeowner who had injured an intruder in self-defense had committed an “intentional” act, and so was not covered by his insurance.

Thanks Paul.

I like the clarifications.

 

[Cruentus]

Thanks Paul.

I like the clarifications.

No problemo, bro. I would suggest e-mailing your rep. tonight so he/she will get it tomorrow. Once they do a security search on your name, they will be sure to be scared into passing these bills ( lol )

 

[Brian R. VanCise]

Thanks Paul.

Brian R. VanCise
www.instinctiveresponsetraining.com

 

[KenpoTex]

I hope that passes and I'm glad that more and more states are finally waking up. Missouri has a "no duty to retreat" bill going through the senate right now also.

 

[Cryozombie]

In illinois we have a duty to be killed.
​

 

[Cruentus]

In illinois we have a duty to be killed.

​

No offense, but your mayor is a communist. :xtrmshock :uhyeah:

 

[KenpoTex]

In illinois we have a duty to be killed.

​

you could always move to America

 

[SFC JeffJ]

In illinois we have a duty to be killed.
​

Just move a little bit into Indiana, we have great SD laws on the books here.

 

[Cruentus]

you could always move to America

lol

 

[Cruentus]

Just wanted to update:

As far as I know, all of the above bills made it past the committee. Now it will be up to a vote on the floor next session.

Soon, my friends, soon....

Paul

 

[Rich Parsons]

Just wanted to update:

As far as I know, all of the above bills made it past the committee. Now it will be up to a vote on the floor next session.

Soon, my friends, soon....

Paul

Can you give us more than one day to make phone calls?

 

[Marvin]

Michigan's Castle Doctrine Package takes effect 10/01/06​

Until October 1st, 2006 current case law regarding self-defense remains in effect.

Summary of each of the 6 Bill package: ( source - www.nraila.org )

SB 1046/ PA 311, sponsored by Sen. Alan Cropsey, 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 they have a legal right to be.

SB 1185/PA 312, sponsored by Sen. Ron Jelinek, 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/PA 314, sponsored by Rep. Tim Moore, 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/PA 310, sponsored by Rep. Leslie Mortimer, 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/PA 313, sponsored by Rep. Tom Casperson, expands the definition of “dwelling” to include a person’s garage, barn, backyard, etc.

HB 5143/PA 309, sponsored by Rep. Rick Jones, 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.

 

[Brian R. VanCise]

Marvin,

Hey thanks for the update on where things are standing!
I am going to be watching this closely and making a few
phone calls to my representatives.

Brian R. VanCise
www.instinctiveresponsetraining.com