Castle Doctrine

Government: protect shopkeepers or let them shoot in defence without any repercussions

We need castle laws in New Zealand, particularly for people in high-risk occupations.

A community of south Auckland shop owners is calling on the Government to crack down on youth offending. They want harsher penalties to deter young criminals in what is causing shop workers to live in constant fear.

CCTV footage shows another shop robbery committed by teens aged 14 and 15.

“So frightening and my mind just froze at that time,” says store owner and victim Anna Zheng.

This time, it was a central Auckland liquor store where bottles of whiskey, the whole cash register and more than 60 packets of cigarettes were brazenly stolen.   Read more »

He should be getting a medal, not a murder charge

This poor bastard who confronted a burglar should be getting a medal, instead he is facing a murder charge.

A man has been charged with murder after he allegedly confronted a burglar who broke into his house on Saturday morning and left the man with fatal injuries.

Police say a 34-year-old man broke into a house in Hamilton, a suburb of Newcastle, at 3.30am on Saturday and was discovered by two men.

It is believed one man lived at the Cleary Street home with his young family, while the other man was his friend.

A fight broke out when the pair confronted the intruder, police say, leaving the man unconscious and “unresponsive”.

Police were called, and officers arrived to find the intruder being “detained” by the men.   Read more »

Michael Bloomberg’s Everytown lobby group gets nailed by NRA in Nevada

I don’t know why people mess with the NRA. They are probably the best political lobbying and direct action group in the world.  You take them on at your peril.

Michael Bloomberg is currently expending millions trying to do just that, taking the NRA on at their own game…and losing. He clearly has much to learn.

His latest defeat is in Nevada where Everytown campaigned heavily against pro-gun law changes. The NRA smashed them.

Say goodbye to handgun registration in and around Las Vegas, Nevada. On Monday, Nevada Governor Brian Sandoval signed Senate Bill 175, abolishing Clark County’s “blue card” handgun registration system while ushering in a host of other pro-gun changes to state law.   Read more »

Do you get a medal if you bust a cap in a Wogistani?

Stand your Ground

Stand your Ground

NZ First has wimped out on providing proper protection for people defending their home and assets.

They have proposed a halfway house from a proper law like the Castle Doctrine aka Stand Your Ground law and the current situation where law abiding citizens are prosecuted for defending themselves.

It’s a good start but I think they wimp out a bit.

A hardline law and order policy by NZ First would offer greater protection to homeowners, farmers and shop keepers who shoot to kill intruders during home invasions or burglaries.

Along with a 40-year mandatory non-parole sentence for premeditated murder, NZ First wants the Crimes Act amended to give certainty over the use of “reasonable force” for self-defence.

Ahead of the party’s annual convention this weekend, law and order spokesman Richard Prosser said the policy was a response to a string of incidents that had seen farmers and shopkeepers in court over their use of firearms or even hockey sticks against would-be robbers.

Mr Prosser said so-called “castle doctrine” laws in some US states, which saw Texan Joe Horn acquitted after his 2007 fatal shooting of two men who had burgled his neighbour’s home, were “so over the top that it wouldn’t be something that I think anyone in New Zealand would give consideration to”.    Read more »

Colin Craig’s Whaleoil Approved/ Disapproved Policies

Colin Craig is featured in the Sunday Star Times in an article by Andrea Vance. They look at his top ten policies.

Lt’s run my rule over them and look at what is crazy and what is acceptable.

Craig’s List [WO: Haha, most voters won’t get that joke]

Who are the Conservative Party – and what do they believe? Steve Kilgallon comes up with 10 of their more interesting policy platforms:

1. Spending beyond their means: Leader Colin Craig says he’d like to match Australia’s defence spending at a “percentage level”. According to the Stockholm International Peace Research Institute’s figures, Australia’s defence budget is US$26.1 billion. Ours is $1.358 billion. If Craig’s sums are based on GDP, it means an extra $1.55 billion; if it’s on population, it means another $4.87 billion. Either way, it’s a lot of guns.

More Guns, but what is he going to cut to fund everything else? A bit gay.

2. If it wasn’t immediately obvious, more guns: Craig would consider introducing national service in return for free tertiary education. And let everyone else have a gun too: the right to bear arms, and the “Castle Doctrine” (basically, the right to shoot burglars).

First bit hasn’t been costed so totally gay. The Castle Doctrine should be a bottom line. I am a big supporter of the right to bear arms and the right to defend your house.  Read more »

Good law

Top stuff in the UK…perhaps Tolley and Crusher can get together and sort out ours too:

Changes to the law to ensure householders who attack burglars will not be prosecuted unless they use “grossly disproportionate” force are to be introduced.

In a major victory for a campaign run by The Sunday Telegraph, the Department for Justice will move to amend the existing law which says only “proportionate” and “reasonable” force can be used by home owners and tenants who confront criminals.

Ahead of the changes being introduced in the House of Lords this week, Chris Grayling, the Justice Secretary, declared today that the changes will give householders the protection that they need – the confidence that the law will be on their side”.

He adds: “Now the deal will be this: if you are confronted by a burglar in your own home and you fear for your safety, or the safety of others, and in the heat of the moment use force that is reasonable in the circumstances, but in the cold light of day seems disproportionate, you will not be deemed guilty of an offence.”

Misreading policy

Mary Riddell gets it wrong in the Torygraph.

Voters do not mostly want to shoot a burglar or swap shares for rights or hurt the poor.

No one wants to shoot a burglar. They don’t want to be burgled to begin with. What they really don’t want is an innocent person being prosecuted for protecting themselves from some scumbag who invades their home.

The fear is not the burglar. The fear is a system that unfairly prosecutes those who stand up for themselves and their family.

On another note did we resolve the question of what is the best burglar load for the shotty?

Why can’t we have this here?

Poms are going to be allowed to bash burglars. I think the proposed law change is still too soft:

Home owners who attack burglars will not face arrest or prosecution unless they use “grossly disproportionate” violence, the new Justice Secretary will announce on Tuesday.

The problem I have with that is the “grossly disproportionate”…I think that shouldn’t matter at all. If the burglar brings a bat, and you use a shotgun, that is fair in my book. If he brings a knife to the gun fight, then same deal…too bad Mr Burglar.

Chris Grayling is to change the law “at the first opportunity” to give stronger legal safeguards to those who use force to protect their family or property.

Speaking to The Daily Telegraph on Monday night, Mr Grayling said that he wanted to “finally lay the issue to rest once and for all” following a series of high-profile cases where home owners who have confronted criminals have been arrested. In the future, only those using clearly excessive force, such as stabbing a burglar who was already unconscious, should face the prospect of criminal action, he said.

Mr Grayling, who will address the Conservative Party conference on Tuesday, said that he wanted to bring a “sharper narrative on law and order issues”. His first move would be to change the law to give greater protection to home owners. It currently says only that they are entitled to use “proportionate” force.

Mr Grayling said: “The basic premise of the change is to get the law to a position where if you are in your home, and you are confronted by an intruder… then if, in the heat of the moment you use a level of force that in the cold light of day might seem disproportionate, the law will be on your side.”

He added: “You need to look at it that way round because it’s very much about the juxtaposition of the heat of the moment and if you act in a disproportionate way in the heat of the moment, the law will be on your side.

I think a shotgun response to a burglar is appropriate…it maybe disproportionate if you use solids…but that would depend on circumstances…if the burglar was hiding behind a wall or door then solids would be a proportionate response.

It would a lot simpler if it was just be a “stand your ground” law makes it a lot easier if some bad bastard comes into your property you can tell him to piss off, then shoot him if he doesn’t.

The importance of “Stand your Ground” laws

Stand you Ground or Castle Laws are gaining momentum worldwide. In the US more and more states are enacting them and now in the UK a similar call has gone out.

It is certainly something National should be looking at in the broader law and order sense:

Tory MPs make fresh demands today for the law to be changed to give clear rights to householders who protect themselves against burglars.

They call on Chris Grayling, the new Justice Secretary, to “raise the bar” against criminals and alter the law on self defence to make it harder for householders to end up in the dock for defending their homes.

The debate was reopened after Andy and Tracey Ferrie spent almost three days last week being questioned on suspicion of causing grievous bodily harm after shooting at, and wounding, two men who broke into their remote farmhouse in Leicestershire.

The couple were confronted in their bedroom by masked intruders and used a legally-held shotgun to defend themselves. They were eventually released without charge, having initially been told by police they could be prosecuted and sent to prison.

The Sunday Telegraph has campaigned for several years, under the slogan “The Right To Defend Yourself”, for greater legal protection for householders who deal with intruders.

At present, the law allows householders to use only “reasonable” levels of force against intruders. Campaigners say this is not clear enough, offers insufficient protection and gives too much scope for interpretation to prosecutors.

New Zealand law is similar. But “reasonable” is not defined. Whereas I think it is entirely reasonable to use a 12ga shotgun and 00 bucshot to defend my house and family there are plenty of crim-huggers and panty-waists that think that even the use of my fists would be excessive against the poor burglar that only broke in because he was bottle-fed as a child or society left him behind or some other clap-trap.

There have been two unsuccessful attempts to change the law using Private Members’ Bills – in 2004 and 2005 – while in 2009 the Conservative Party, then in opposition, backed moves to change the law so that prosecutions could only happen if “grossly disproportionate” force had been used.

Frankly the only way to defend yourself adequately is with “grossly disproportionate” force. If the intruder is unarmed, you use a knife or a bat, if they have a knife or club, then you use a gun…simply put life is too precious to worry about silly liberal ideas like “grossly disproportionate” force.

Do we need a castle law?

David Prosser wants dairy owners, taxi drivers and bottle store owners given the ability to arm themselves. But what about ordinary home owners?

Do we need a castle law here? Or should we just shoot first and ask questions later?

In North Carolina they are strengthening the “Castle Doctrine Law”:

It soon will become easier to justify cases in which deadly force is used in self-defense.

Changes to the state’s Castle Doctrine Law that take effect Thursday do not require people to run before they fight back with a gun. The law expands the use of reasonable deadly force to include cars and workplaces if a person under attack fears imminent death or serious bodily harm.

The Castle Doctrine, rooted in English common law, is based upon the idea that a person should be safe from attack while at home.

“You don’t have to run to the far part of your house if there is a threat,” said Terry Lamb, owner of The Gun Vault. “People like that and are very positive about these changes.”

The new law presumes that a person who unlawfully and by force enters or attempts to enter intends to commit an unlawful act involving force or violence.

“This change should make things a little more clear for people and more comfortable,” said Lt. Robert Hamilton of the Guilford County Sheriff’s Department. “There is a presumption now that if you fear for your life, you can use deadly force. The presumption before was that you had to retreat first.”

The changes also ease the civil liability gun owners can face if they shoot and kill or injure someone committing a crime against them.

“You can use your gun for self-defense in more places than before,” Lamb said. “Most people think that is a good change.”

“The presumption now is that the vehicle is more like a residence and you can protect yourself against a car jacking,” said Hamilton, who works in the legal process division that handles concealed carry handgun permits.