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Tag Archives: stand your ground

Gov. Jay Nixon (D): on SB 656 (“stand your ground”) and HJR 53/HB 1631 (voter ID)

16 Thursday Jun 2016

Posted by Michael Bersin in Missouri General Assembly, Missouri Governor

≈ 5 Comments

Tags

governor, guns, HB 1631, HJR 53, Jay Nixon, missouri, SB 656, stand your ground, voter ID

Governor Jay Nixon (D) traveled to Warrensburg this morning to sign SB 997, a higher education bill, on the campus of the University of Central Missouri.

Governor Jay Nixon (D) - in Warrensburg - June 16, 2016.

Governor Jay Nixon (D) – in Warrensburg – June 16, 2016.

Governor Nixon spoke with media after the bill signing:

Question: ….Governor, as you’re looking at bills that you have to consider Senate Bill, uh, 656 is coming up. Where are you with that?

Governor Jay Nixon (D): Which one? I’m sorry.

Question: That’s the, uh, the, uh, um stand your ground.

Governor Nixon: Well, I mean, we’re, all the bills go through a pretty, uh, you know, thorough review. Um, you know, that’s one which I’m looking at very carefully because, uh, you know, a few years ago we, we struck a deal to put, uh, sheriffs in a position where they, uh, had the ability to, um, review and, uh, reject, uh, conceal carry permits. Uh, to move to a point which you took that power away from sheriffs, took that responsibility away from them and their communities is something that, uh, that, that we’re looking at very, very carefully. But, I, I haven’t made a final decision on the bill other than to say that, uh, when, when the legislature comes and, and moves policy pretty significantly from where we all agreed it should be a couple years ago that gets a very close review.

Question: So, are you getting any kind of public, uh, feedback on, on the bill?

Governor Nixon: Um, when I, when I make that decision I’ll do that publicly for sure. But we’re still in the bill review process and still, uh, gathering facts and information. And, and, uh, when I make my final decision I’ll certainly make that public.

Question: I have a question on the voter ID law. I understand that’s actually a two part law. Uh, I have it on good authority and the, as I understand it one part puts it on the ballot, that’s pretty much a gotta do thing, but what’s that second part that you have veto power over?

Governor Nixon: Yeah, the first part is to put a constitutional amendment on the ballot for this, this fall. I placed it on the November ballot so that the most people would have a chance to see, uh, whether they wanted to, uh, to support that or not. The second piece is they went ahead and passed in, in essence what’s called implementing legislation, uh, before that vote. Um, I look at this, this bill, um, you know, my position is we should make voting available to as many people as we possibly can. I mean, and we should make it as easy as we possibly can for people to vote. Uh, and, uh, so we’re reviewing this, this is relatively similar to a measure that I vetoed a few years ago, uh, that would have, uh, made it very expensive and difficult, especially for senior citizens and others that didn’t have driving privileges to, uh, to get a separate state issued ID. So, um, it’s not an area that my, my general philosophy is let’s make voting, uh, easier for folks, um, so this kind of, uh, comes at that. But, I haven’t made a final decision on that, but we’ll, uh, we’ll be acting on that one relatively quickly.

Question: [crosstalk] If you were to in theory, not that you’re going to, veto this what would it do in terms of the effect on the vote that [crosstalk] comes in November?

Governor Nixon: Well, it, wouldn’t really effect the vote in, directly, in the sense other than it would be, I would, I would lay out what I thought the, my position was at that time. But, you could, you could, uh, the public would then have to vote and assuming that veto was, uh, uh, upheld, uh, then the legislature has to come back next year and put, put rules and regulations in this. So, um, but, uh, I think we’re a long way to the finish line there. I do think that the basic philosophy I have is let’s make voting more open and easy, and especially for, for seniors and, and other folks that don’t drive. Um, it’s, it’s, uh, it’s , it’s extremely challenging to say that, uh, we should make it more difficult for them to cast what is, uh, one of the fundamental rights of citizenry….

IMG_7106

Previously:

Voter ID and the GOP art of hoodwinkery (April 7, 2016)

CCS HCS SB 656: hypocrisy (May 14, 2016)

CCS HCS SB 656: hypocrisy

14 Saturday May 2016

Posted by Michael Bersin in Missouri General Assembly

≈ 4 Comments

Tags

Alan Green, Brandon Ellington, Denny Hoskins, Eric Burlison, General Assembly, guns, Joe Adams, Kimberly gardner, Lauren Arthur, Michael Butler, missouri, SB 656, SCR 50, stand your ground, Tracy McCreery

The ceiling of the House chamber.

The ceiling of the House chamber.

Guns. More on guns, actually. Well, also, the ability to use your gun anywhere when you’re afraid. Anywhere. Without retreating. To “stand your ground”. Anywhere. Does anyone really think this is a good idea in a civil society? The republicans in the Missouri General Assembly certainly do.

CONFERENCE COMMITTEE SUBSTITUTE FOR HOUSE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 656 [pdf]

AN ACT

[….]
563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person….
….2. A person shall not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:
(1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony….
[….]
(3) If the person is in any other location such person has the right to be.
[….]
5. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.
[….]

[emphasis added]

That is so-called “stand your ground”.

On Friday, toward the end of the session, Representative Eric Burlison (r) handled HB 656 on the floor of the House.

Representative Eric Burlison (r) - May 13, 2016.

Representative Eric Burlison (r) – May 13, 2016.

Quite a few Democratic members of the House spoke out against the bill and its open season provision.

Representative Michael Butler (D) - May 13, 2016.

Representative Michael Butler (D) – May 13, 2016.

Representative Brandon Ellington (D) - May 13, 2016.

Representative Brandon Ellington (D) – May 13, 2016.

Representative Lauren Arthur (D) - May 13, 2016.

Representative Lauren Arthur (D) – May 13, 2016.

Representative Joe Adams (D) - May 13, 2016.

Representative Joe Adams (D) – May 13, 2016.

Some supported the bill:

Representative Denny Hoskins (r) - May 13, 2016.

Representative Denny Hoskins (r) – May 13, 2016.

Representative Hoskins (r) spoke in support of the bill because he was concerned that his children’s grandparents otherwise wouldn’t be able to defend his family in his home in his stead if he were away and an intruder threatened them.

You’d think that a significant percentage of county prosecutors have been going after people who have used a weapon to defend another family member’s home against armed (or not) intruders.

Still others spoke against the bill:

Representative Kimberly Gardner (D) - May 13, 2016.

Representative Kimberly Gardner (D) – May 13, 2016.

Representative Alan Green (D) - May 13, 2016.

Representative Alan Green (D) – May 13, 2016.

Representative Burlison (r) closed with “…[we] wouldn’t want people to pay fees to exercise their right to vote…”. This in defense of a gun bill after this same republican controlled General Assembly pushed for voter photo ID.

The bill was truly agreed to and finally passed.

Later the House brought up SCR 50 which designates the month of September as Suicide Prevention Awareness Month.

Representative Tracy McCreery (D) - May 13, 2016.

Representative Tracy McCreery (D) – May 13, 2016.

Representative Tracy McCreery (D) was recognized to speak about the resolution. After she started speaking the Speaker admonished her to not address the previous bill. Representative McCreery continued, noting that guns are used quite a lot in suicides and also noting the hypocrisy of a body which had just passed a bill making it easier for people to use guns.

Previously:

HA 4 to HCS SS SCS SB 663: open season (May 12, 2016)

Missouri House – May 12, 2016 (May 12, 2016)

The end of the legislative session – May 13, 2016 (May 13, 2016)

HA 4 to HCS SS SCS SB 663: open season

12 Thursday May 2016

Posted by Michael Bersin in Missouri General Assembly, Missouri House

≈ 5 Comments

Tags

General Assembly, Gina Mitten, guns, missouri, Rick Brattin, SB 663, stand your ground

That’s House Amendment 4 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill 663. You got that? The open season part is that the Missouri House voted this afternoon to approve a “stand your ground” law in Missouri. On the same day George Zimmerman put the gun he used to kill Trayvon Martin up for auction.

The handler for the amendment on the House floor was Representative Rick Brattin (r).

Representative Rick Brattin (r) - May 12, 2016.

Representative Rick Brattin (r) – May 12, 2016.

Go figure.

Representative Gina Mitten (D) engaged Representative Brattin (r) in debate:

Representative Gina Mitten (D) - May 12, 2016.

Representative Gina Mitten (D) – May 12, 2016.

Representative Mitten ran circles around him. One could say that she engaged in a battle of wits with an unarmed man, but that would be too painfully ironic.

The amendment passed by voice vote. The bill was third read and passed 107-43.

HB 1172: an attempt to rid Missouri of “stand your ground”

14 Saturday Dec 2013

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

General Assembly, guns, HB 1172, missouri, stand your ground

A bill, prefiled by Representative Michael Butler (D) yesterday:

SECOND REGULAR SESSION

HOUSE BILL NO. 1172

97TH GENERAL ASSEMBLY

INTRODUCED BY REPRESENTATIVE BUTLER.

4784L.01I        D. ADAM CRUMBLISS, Chief Clerk

AN ACT

To repeal section 563.031, RSMo, and to enact in lieu thereof one new section relating to the use of force in defense of persons.

Be it enacted by the General Assembly of the state of Missouri, as follows:

           Section A. Section 563.031, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 563.031, to read as follows:

           563.031. 1. A person may, subject to the provisions of subsection 2 of this section, use physical force upon another person when and to the extent he or she reasonably believes such force to be necessary to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful force by such other person, unless:

           (1) The actor was the initial aggressor; except that in such case his or her use of force is nevertheless justifiable provided:

           (a) He or she has withdrawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened use of unlawful force; or

           (b) He or she is a law enforcement officer and as such is an aggressor pursuant to section 563.046; or

           (c) The aggressor is justified under some other provision of this chapter or other provision of law;

           (2) Under the circumstances as the actor reasonably believes them to be, the person whom he or she seeks to protect would not be justified in using such protective force;

           (3) The actor was attempting to commit, committing, or escaping after the commission of a forcible felony.

           2. A person may not use deadly force upon another person under the circumstances specified in subsection 1 of this section unless:

           (1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony;

           (2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or

           (3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual claiming a justification of using protective force under this section.

           3. [A person does not have a duty to retreat from a dwelling, residence, or vehicle where the person is not unlawfully entering or unlawfully remaining. A person does not have a duty to retreat from private property that is owned or leased by such individual.

           4.] The justification afforded by this section extends to the use of physical restraint as protective force provided that the actor takes all reasonable measures to terminate the restraint as soon as it is reasonable to do so.

           [5.] 4. The defendant shall have the burden of injecting the issue of justification under this section. If a defendant asserts that his or her use of force is described under subdivision (2) of subsection 2 of this section, the burden shall then be on the state to prove beyond a reasonable doubt that the defendant did not reasonably believe that the use of such force was necessary to defend against what he or she reasonably believed was the use or imminent use of unlawful force.

[strike through emphasis added]

Yeah, like this will get anywhere in the right wingnut controlled Missouri General Assembly.

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