Anniversary of Self Defense

Michigan’s Self Defense Act is 1 Year Old

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Story Published: Oct 8, 2007 at 11:32 AM EDT

Story Updated: Oct 8, 2007 at 11:32 AM EDT

Besides holding these truths to be self evident, is the right of the people to bear arms. Today, Columbus Day isn’t the only occasion that will be acknowledged, Michigan’s Self Defense Act marks its first anniversary on today as well.

Despite progress in the fight against gun crime in America, gun crime rates continue to be among the highest in the industrialized world. To help reduce the impact of gun crimes on families in Michigan, guns rights activists worked on a bill to protect hearth & home.

Michigan, like other states in the nation have legislated gun or firearm laws that are totally independent of the existing federal firearms laws. The laws vary significantly in their form, content, and level of restriction. Many states also have a state constitutional provision very similar to the Second Amendment of the Bill of Rights. Here’s an excerpt from the Second Amendment which is often quoted in making the argument to have/carry guns. It reads:

"a well regulated militia “as "being necessary to the security of a free State", and prohibits Congress or any other government agency from infringement of "the right of the people to keep and bear arms."

While there have always been violence and guns there haven’t always been laws to protect victims of those crimes…until now. During the last quarter of 2005 Rep. Rick Jones introduced language to create a new law to address the need of victims to protect themselves.

Per Jones ~ create a new law establishing that a person who uses deadly force for self defense in his or her home, contiguous private property or occupied vehicle need not first flee from a threatening attacker, and that a person who unlawfully and forcibly enters one of these is presumed is to be doing so with the intent to commit an unlawful act involving force or violence, with certain minor exceptions. This would place the “home is my castle” doctrine in statute. Also, to establish that a law-abiding person who is attacked in any other place where he or she has a right to be, has no duty to retreat, and can “stand his or her ground” and meet force with force, including deadly force if necessary to prevent death or great bodily harm.

The legislation, clarified when a person can use deadly force in self-defense during break-ins, carjackings and other potentially violent crimes - even in incidents away from the person's home.

The measure passed just over a year later, and requests for concealed weapons permits rose by a thousand for 2004-2005 & 2005-2006 in Wayne County, although law enforcement officials really aren’t reading too much into the numbers.

There are many cases where victims have been protected by Michigan’s Self Defense Act where would be attackers have been hurt or killed by victims. The Self Defense law is fairly basic – if a person feels that he or she is in danger and react to that situation – that’s self-defense. Police and Prosecutors will review the evidence in every situation to make sure that the case is one of true self defense as the law intended, and not just someone crossing the line.

For guns rights activists, passing this act was a victory in protecting individuals and the sanctity of their homes, and today they’ll acknowledge that triumph.

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