The biggest problem I have with giving guns to everyone (if we outlaw guns then only the outlaws will have guns), comes from the ‘Castle Doctrine’ concept and ‘Stand Your Ground‘ Laws.
Castle Doctrine law stems from the idea “one’s Castle is one’s home” and that when you are in your home, car or place of business you have no ‘duty to retreat’ which means you can legally kill a person in self defense if you feel your life is in danger of serious injury or death. Before the law was enacted an individual was required to make sure that there was no way of retreating safely from a conflict before being allowed to kill someone in self defense or defend against a home invasion.
Some fairly tragic events have resulted from this ‘Shoot first, ask later’ concept.
NEW FAIRFIELD, Conn. September 26, 2012 – Jeffrey Giuliano shoots masked person holding a weapon come toward him in a threatening manner and kills him. Only to realize later that he killed his 15 year old son.
ROCHESTER, Minn. December 10, 2012 – Stan Wilkinson said he had a recent nearby burglary on his mind when he accidentally shot his 16-year-old granddaughter, thinking she was an intruder. Fortunately she will survive.
NEW ORLEANS, LA September 10, 2012 – 57 year old Charles Williams is fatally shot by his wife about 11 am inside their home after she mistook him for an intruder.
There have been changes to the Castle Doctrine that impose no duty to retreat from any public place or anywhere an individual has the right to be which allows people to use deadly force if they feel threatened anywhere, unfortunately these ultimately means that once everyone has guns, any move can be a lethal threat.
Gone are the abilities to have verbal arguments, to ‘Stand Tall and Walk Proud’ because such actions could well be viewed as threatening to some people who would then be justified in shooting someone dead.
Tampa bay Times has set up an online database where the ‘Stand Your Ground’ defence has been used, successfully or not and within the database there are occurrences where an encounter went wrong and the person was killed. Some (not all) examples were successful for the defendant. Some of the cases were a little alarming:
On Feb. 07, 2008, drug dealer Tavarious China Smith shoots and kills Nikita Williams at the Rubonia Social Club in Rubonia, Manatee County, Nikita Williams was trying to force him to give 10 percent of his drug dealing profits. Claiming immunity with the ‘Stand Your Ground’ defense he was uncharged.
On Dec. 19, 2010, at the Club Elite in Palmetto, Manatee County Tavarious China Smith shoots and kills Breon Mitchell after instigating a shootout with him. Claiming immunity with the ‘Stand Your Ground’ Defense he was again not charged for the killing.
On Aug. 11, 2009 after a drug dealer goes bad 26 year old Sujaye Henry draws and fires his gun at Anthony Gonzalez Jr before fleeing in his car. Anthony Gonzalez Jr then pursued him in his car shooting Sujaye Henry 3 times killing him. After Gonzalez filed a ‘Stand Your Ground’ motion, prosecutors offered him a plea deal resulting in a manslaughter instead of second degree homicide charge.
On Jan. 12, 2006 Deounce Harden shoots and kills an unarmed Steven Deon Mitchell at the World Wash Car Wash in Jacksonville, Duval County. Deounce was dating Mitchell’s ex-wife. Prosecution declined to file any charges due to the ‘Stand Your Ground’ law which allows use of force when a person is being threatened.
MIAMI, Fla. On June 5, 2006, retired police officer Kenneth Allen shoots his neighbour Jason Rosenbloom after a shouting match over the amount of garbage bags Rosenbloom used. Rosenbloom who was unarmed was shot in the stomach and chest. Kenneth Allen was never charged due to the ‘Stand Your Ground’ defense.
These are examples of situations of everyday arguments turning violent and sometimes fatal without consequences.
For myself:
I get into an argument with someone and they shoot me because they felt threatened whether they regret it or not after it is done; they have either injured me or killed me. It is no longer about right or wrong or the individual. It is about whether it is legal or not.
So I say, You want the power of life and death’ over me, ok, don’t be surprised if I never say hello or bother to shake your hand because you might see me as threatening and kill me. . If something as trivial as the amount of garbage that I throw out is just cause to kill me. I’m not going to go out of my way to get myself killed by walking up to you and shaking your hand. I will make sure you can always see my hands, if we have to walk towards each other on the sidewalk, I will either hold my hands up or stand still so you don’t think I am a threat or maybe just cross the street while again making sure you can see my hands
I would live in constant fear that you will shoot me over something as trivial as loud music or maybe walking through the neighborhood wearing a hoodie. If I lived in such a society where every person that I meet has the power of life and death over me, I would never go outside.
My point being that because everyone would have a gun and by extension the power of life and death over someone, then everyone can also considered a lethal threat. Any action that might be done by anyone might be considered dangerous and create a situation to be shot, how am I supposed to feel safer.
This is why I don’t like guns and the ‘Stand Your Ground’ Law.