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ND: Prosecutors object to 'shoot the burglar' law
Submitted by:
Bruce W. Krafft
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"Prosecutors say a bill that offers strong liability protection for homeowners who shoot intruders is unnecessary, and may block criminal charges in situations where they may be warranted."
"'We have a current policy in North Dakota that the use of deadly force is not justified if it can be avoided,' said Ladd Erickson, the McLean County state's attorney. 'We shouldn't shoot people if we can avoid shooting people.'"
"The legislation, which the North Dakota House's Judiciary Committee began reviewing Monday, says a person is presumed to be acting in self-defense if he shoots a burglar in his home, or a carjacker trying to get into a vehicle. It does not bar prosecutors from attempting to prove otherwise." ... |
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The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the high powers" delegated directly to the citizen, and `is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power." [Cockrum v. State, 24 Tex. 394, at 401-402 (1859)] |
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