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#3334039 - 08/24/13 10:21 AM Boys, here it comes
Encore Eye Candy
10 Point


Registered: 08/29/00
Posts: 4571
Loc: 2 Chron. 7:14: Refs signature

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http://www.tennessean.com/apps/pbcs.dll/article?AID=2013308240028

Days after a jury acquitted George Zimmerman in the shooting death of Trayvon Martin, lawmakers and civic leaders across the country called for a review of “stand your ground” self-defense laws.

President Barack Obama called on at least 22 states to reconsider those laws, voicing concerns similar to those of local protesters demanding change.

“If we’re sending a message, as a society, in our communities, that someone who is armed potentially has the right to use those firearms, even if there’s a way for them to exit from a situation, is that really going to be contributing to the kind of peace and security and order that we’d like to see?” Obama said in July.

The Tennessee Black Caucus of State Legislators agreed, saying lawmakers should revisit the issue when the General Assembly reconvenes in January.

“What we want to do is simply look at our law ... to see if we need to make any changes at all,” said Rep. Larry Miller, D-Memphis, the caucus’ chairman. “The ultimate goal is to, No. 1, protect the community, the residents.”

Nineteen of the state’s 41 justifiable homicides in 2012 occurred in Memphis, according to the Tennessee Bureau of Investigation. Some lawmakers say changes to Tennessee’s law are not expected to happen in 2014.

“There’s just no need,” said Rep. Glen Casada, R-Franklin, the Republican Caucus chairman. “This law is good for everybody.”

Nashville defense attorney David Raybin, who helped craft Tennessee’s law, said rewriting it might cause more confusion and lead people not to protect themselves in the face of a real threat.

In Tennessee, as in Florida, people are authorized to kill if they have a reasonable belief that they face an imminent threat of death or serious injury.

Part of the law, dubbed the Castle Doctrine, gives Tennesseans even more leeway to act. That portion of the law allows a person to use lethal force in his home even if he doesn’t fear serious injury or death, and also extends to the inside of a person’s business and car.

Critics argue that the law encourages armed citizens to choose violence first.

In a report issued last year, the National Bureau of Economic Research found that states which have a “stand your ground” law have seen an increase in homicides.

TN homicides up
Justifiable homicides in Tennessee have risen in recent years, according to the TBI. Nashville’s contribution to the total is relatively small; the lion’s share of homicides have occurred in Memphis.

Statewide, justifiable homicides totaled 17 in 2009, according to TBI data, but climbed to 41 in 2012.

In 2012, Metro police reported three justifiable-homicide cases that did not involve police or domestic incidents.

Those included a man who fired on an armed intruder forcing his way into the man’s apartment, a man who shot an armed robber in a parking lot and man who killed an armed intruder on his front porch.

In each case, the Metro District Attorney’s Office determined the person who pulled the trigger had done nothing illegal.

Kathy Morante, an assistant district attorney in Nashville, said in most instances, self-defense killings are clear-cut. When circumstances are questionable, she said, the evidence is presented to a grand jury to decide if someone should be charged with a crime.

Tennessee’s handling of self-defense cases isn’t unique.

“We’re pretty much in step with ... what most states are using,” Morante said.

Raybin said changing the law to reincorporate a duty to retreat could be problematic, because it could cause people to hesitate in the face of real danger.

“Maybe a better answer to it would be … a better education of what the law actually is,” he said. “Part of the problem with the rule is a lack of understanding. ... (It) is not a license to kill. Too many people think that’s what it is.”

The law says self-defense does not apply when the threat of serious harm is not immediate or if the citizen’s actions created the threatening confrontation.

“You can’t provoke somebody and then shoot them because they are defending themselves,” Raybin said. “You can’t provoke someone to give yourself justification for self-defense.”

Contact Adam Tamburin at 615-726-5986 or atamburin@tennessean.com. Follow him on Twitter @tamburintweets.
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#3334084 - 08/24/13 11:11 AM Re: Boys, here it comes [Re: Encore Eye Candy]
Bambi Buster
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Registered: 01/29/04
Posts: 8212
Loc: Middle Tennessee

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Here what comes?
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#3334159 - 08/24/13 12:26 PM Re: Boys, here it comes [Re: Bambi Buster]
Encore Eye Candy
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Registered: 08/29/00
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Loc: 2 Chron. 7:14: Refs signature

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I feel there will be an attack on our laws to make changes. If there are changes then we will not act or will be afraid to act on the defense of ourselves.

Do you feel there is a "concern for change"?


Edited by Encore Eye Candy (08/24/13 12:27 PM)
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#3334224 - 08/24/13 01:45 PM Re: Boys, here it comes [Re: Encore Eye Candy]
Bambi Buster
14 Point


Registered: 01/29/04
Posts: 8212
Loc: Middle Tennessee

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 Originally Posted By: Encore Eye Candy
I feel there will be an attack on our laws to make changes. If there are changes then we will not act or will be afraid to act on the defense of ourselves.

Do you feel there is a "concern for change"?


I readily concede there is some pressure to modify/weaken "stand your ground laws" as they currently exist in several states. While that does concern me, at this point there seems little likelihood of that happening in Tennessee or most of the other states where such laws exist. The article you posted seems to confirm that.
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#3334268 - 08/24/13 02:48 PM Re: Boys, here it comes [Re: Bambi Buster]
Encore Eye Candy
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BB man I hope your right, with the delution of our family, lifestyle, thinking, and Constitutional law I have little faith. I should not say little faith but I am loosing faith in our system.

Edited by Encore Eye Candy (08/24/13 02:54 PM)
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#3334336 - 08/24/13 04:10 PM Re: Boys, here it comes [Re: Encore Eye Candy]
Hangnail
12 Point


Registered: 11/30/00
Posts: 7181
Loc: Murfreesboro, TN

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If I'm not mistaken, the "protect" in the "protect and serve" that was on police cars is now gone. It was explained to me as there was no way for the police to protect anyone, so it had to go. So, if the police can't protect law abiding citzens, obama wants us to run from our own homes, cars, everywhere? Does he not understand that even the slowest of firearm rounds are just a bit faster than the typical American? Whom is being protected by this run away if you can crap? I think we all know the answer and I hope someone in the media that is actually read by someone other than their family tells the truth about "cut and run" self defense.
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#3334487 - 08/24/13 06:23 PM Re: Boys, here it comes [Re: Hangnail]
stik
"Popcorn"
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Registered: 03/12/99
Posts: 20796
Loc: lenoir city,tn

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i'm too old to run and too small to fight. that leaves me one other choice.
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#3334498 - 08/24/13 06:30 PM Re: Boys, here it comes [Re: stik]
BamaProud
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Registered: 04/03/11
Posts: 6447
Loc: Shelby County, TN

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Didn't they fail miserably at sweeping gun control laws just a few months ago? It actually didn't only fail it backfired.

I lost count, but at one time a few months ago there had been something like 27 pro gun laws passed and just about a dozen anti gun laws.
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#3334648 - 08/24/13 09:07 PM Re: Boys, here it comes [Re: BamaProud]
Encore Eye Candy
10 Point


Registered: 08/29/00
Posts: 4571
Loc: 2 Chron. 7:14: Refs signature

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Problem is that it only takes one hiccup law vs 27 pro gun law. Before it goes SOUTH.

Edited by Encore Eye Candy (08/24/13 09:08 PM)
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#3335462 - 08/25/13 06:10 PM Re: Boys, here it comes [Re: Bambi Buster]
sgtwebb1
14 Point


Registered: 08/06/00
Posts: 9612
Loc: Ooltewah/Harrison TN, USA

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 Originally Posted By: Bambi Buster
I readily concede there is some pressure to modify/weaken "stand your ground laws" as they currently exist in several states. While that does concern me, at this point there seems little likelihood of that happening in Tennessee or most of the other states where such laws exist. The article you posted seems to confirm that.


I agree, but we definitely need to remain vigilant, and not take it for granted that the TN Legislature keeps on doing the right thing.

OR that our RINO Governor won't just try and issue some kind of Executive Order.

Be a Watchman.
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