| Castle Doctrine On The Move |
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| Written by Gary Witt | |
| Tuesday, 27 May 2008 | |
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OFCC Coordinator Gary Witt provided testimony to the House Criminal Justice Committee today in support of SB 184 and its proposed amendment. You will find Mr. Witt's testimony in its entirety below. A police representative testified in opposition to the amendment. After both pro and con testimony, the House Criminal Justice Committee approved the amendment and voted it and SB 184 out of committee where they will now go to the full House for a vote. The Castle Doctrine legislation as already passed by the Senate would make a rebutable presumption of self defense if deadly force were used by a homeowner against an individual performing or about to perform a list of specified crimes in the person’s home or vehicle - the burden of proof that the deadly force was not self defense would be on the prosecution. If deadly force were used anywhere else the burden of proof would be on the person who used deadly force. The House committee also passed an amendment to SB 184 that would change many aspects of the current CCW law. Highlights of the amendment include: - Transportation of firearms by non-licensed motorists - Regulation of firearms within liquor permit establishments - Reduced penalty for failure to inform law enforcement of licensed status - Addresses concealed carry in retail establishments with a D6 or D8 liquor license (grocery stores) - Prohibits sheriffs from considering expunged or sealed convictions in background checks for a concealed carry license - Exemptions for shelters, restrooms and parking garages (including state parks) - Prohibits landlords from prohibiting a tenant from owning or carrying a firearm in the tenant’s apartment - Defines “unloaded” - Addresses concealed carry in school safety zones The House committee also declined to accept an amendment that would curtail the ability to carry ammunition. According to one committee member, the bill should be on the House Floor Thursday or Friday. The committee member also said that the Senate has been made aware of the amendment and is ready to concur. Both houses adjourn for the summer on Friday 5/30 and will reconvene in September. Witt was told that this is a high priority bill and that legislative members could “stick around” to make sure this gets to the governor. Below is Witt's testimony: Testimony Before House Criminal Justice Committee |