Mission statement:

Armed and Safe is a gun rights advocacy blog, with the mission of debunking the "logic" of the enemies of the Constitutionally guaranteed, fundamental human right of the individual to keep and bear arms.

I can be reached at 45superman@gmail.com.You can follow me on Twitter at http://twitter.com/45superman.

Thursday, February 01, 2007

Texas legislators are "making my day"

Just saw that Texas is well on its way to removing the "duty to retreat" provision in the laws regarding defensive use of deadly force (I've mentioned my thoughts on that concept before). According to this article, Senator Jeff Wentworth's Senate Bill 378 would do just that.

To that end, state Sen. Jeff Wentworth, R-San Antonio, filed legislation Wednesday that would update the so-called Castle Doctrine to make it clear that a property owner had no "duty to retreat" before firing on or otherwise stopping the intrusion or attack.
Even better, and in a vivid demonstration that Texas legislators are firmly on the side of law-abiding citizens, the bill has the kind of support that would seem to make it virtually unstoppable.
And 27 of his 31 Senate colleagues have signed on as co-sponsors to Senate Bill 378.
A super majority (not that there is likely to be a veto to override) looks easily attainable in the House, as well.
A nearly identical measure in the Texas House has gained the support of 100 of the 150 members.
The bill also provides some protection against what may be the greater danger to citizens who defend themselves and their families with firearms--civil lawsuits filed by the criminal (if he survives) or his family (if he doesn't).
In addition, he added, if the wounded intruder files a civil lawsuit against the property owner and loses, the intruder would pay all court costs under the bill.
I would prefer to see such frivilous, predatory lawsuits banned entirely. Still, this should go a long way toward discouraging them.

The Texas legislator deserves credit for supporting the rights of law-abiding citizens in this way, and the voters of Texas deserve credit for electing them. I don't guess it's likely I'll manage to talk them into a "legislator swap" with Illinois. Looks like at least another two years of herbivore rule in my state.


Anonymous said...

IMHO, we should be pressing lawmakers to enact a "loser pays" system of tort law across the board to begin with.

Why should an innocent party have to pay legal fees to prove their innocents in response to a frivolous and grounless lawsuit?

Loser Pays should be the law of the land under any circumstances.

Heck, I would like to see it instituted in criminal law as well, if someone is acquitted of a crime, the city/state/federal government should have to reimburse them their court costs. If I didn't do it, why should I be punished by having to pay court costs?

Granted, some guilty parties would end up getting over (Can you say "OJ"?) But mitigating the impact on those few innocents who are devastated by legal fees would be well worth it. Also it could serve to put more pressure on Prosecutors to make sure they've got the right guy(s) and enough evidence to prove the charges (Attn: Mike Nifong).

Anonymous said...

Sorry about the typos. I guess I should have re-read the comment BEFORE I posted it.


Kurt '45superman' Hofmann said...

I can't argue with any of your points, Sailor (and I have no room to talk about typos).

John R said...

The "Castle Doctrine" law is going to pass during this legislative session here in Texas, it's about as sure as you can get with politicians.

That being said, we have legislation introduced to hamper gun shows and require waiting periods for handgun purchases.

There is never a break in the soft war for our liberties.