Michigan gets Castle Doctrine/Self-defense revamp

This is a discussion on Michigan gets Castle Doctrine/Self-defense revamp within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Gov. Granholm signed into law the Michigan Castle Doctrine and Self -Defense package today. These bills were given immediate effect and are glorious. Quick and ...

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Thread: Michigan gets Castle Doctrine/Self-defense revamp

  1. #1
    Member Array Fargo's Avatar
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    Michigan gets Castle Doctrine/Self-defense revamp

    Gov. Granholm signed into law the Michigan Castle Doctrine and Self -Defense package today. These bills were given immediate effect and are glorious. Quick and dirty summary:

    -No more retreat requirement if you are where you have a legal right to be.

    -No civil liability allowed if self-defense was justified.

    -If a civil suit is brought and the self-defense was justified under the new law, then the court must order the plaintiff to pay all of defendants attorney's fees.

    -Presumption that a home or business invader, or carjacker intends to cause serious bodily injury or sexual assault.

    -Absolutely no retreat requirement in your home.

    And thats just the highlights. Thank God that Granholm knows she is losing to Devos and that she can't affort to alienate the gunowners any more than she already has.

    See the link below for access to the actual bill texts.

    http://www.mcrgo.org/mcrgo/view/news...=1574&zoneid=6

    All the best,


    Joe

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  3. #2
    Distinguished Member Array BCurry1's Avatar
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    Congrats MI!
    Curry

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    Glad to hear that - oh my what a change a few years can make.

    I am ever hopeful this will be made effective in PA before overlong - it is overdue and needed - and it will not lead to any increases in defensive shootings either!!!!
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

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    Distinguished Member Array RSSZ's Avatar
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    This is great news.

    Also to this I say,"please,everybody join a pro gun/gun rights organization. Those who don't, are letting the rest of us work(both physically and financially) on their behalf."

    We carry firearms to protect ourselves,we should also get active in the laws that will/would pertain to us and our chosen way of life.

    We're on a roll now.I see more of the states politicians having pressure put on them by their citizens in the form of "if that state passed these laws for it's citizens then why can't we or why wont you". --------
    Last edited by RSSZ; July 20th, 2006 at 05:44 PM.

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    Ex Member Array quantum36's Avatar
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    -No civil liability allowed if self-defense was justified.

    -If a civil suit is brought and the self-defense was justified under the new law, then the court must order the plaintiff to pay all of defendants attorney's fees.



    Don't these statements contradict each other? Doesn't disallowment of civil liability prevent lawsuit?

    I'm confused.

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    Member Array NFEDERIC's Avatar
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    This is great news!! Granholm has in the past always tried to knock down any pro gun laws on her desk. Today I am very happy to be a Mighigander!!!
    Nick.

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    Member Array Fargo's Avatar
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    -No civil liability allowed if self-defense was justified.

    -If a civil suit is brought and the self-defense was justified under the new law, then the court must order the plaintiff to pay all of defendants attorney's fees.


    Don't these statements contradict each other? Doesn't disallowment of civil liability prevent lawsuit?

    I'm confused.
    No, removing civil liability means you can't win a lawsuit, not that you can't file one. You can still file a lawsuit claiming that the self defense wasn't justified. However, if you do so, and the self-defense is found to have been justified, then all attorney's fees fall on you.

    Anyone can file a lawsuit, regardless of whether it has merit or legal grounds. What this law does is

    A: removes the incentive to file such a lawsuit since its going to cost you big time in attorney's fees.

    and

    B: makes it much easier for self-defense to be justified.

    All the best,


    Joe

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    Member Array Linda's Avatar
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    Quote Originally Posted by RSSZ

    Also to this is say,"please,everybody join a pro gun/gun rights organization. Those who don't, are letting the rest of us work(both physically and financially) on their behalf."

    --------
    Amen Brother RSSZ!!!! It's the grassroots efforts that get legislation passed. Funny, it's always the ones who refuse to help out that complain the most.

    With luck and a lot of effort, Ohio will one day (hopefully this year) have Castle Doctrine passed also.

    Congratulations Michigan!
    Member of the National Rifle Association's Board of Directors
    www.BuckeyeFirearms.org Buckeye Firearms Association Central OH Chair
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    Distinguished Member Array fotomaker57's Avatar
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    This is great to hear. I will be in the U.P. this fall for a couple of weeks. Makes me feel better carrying up there.
    Mike
    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
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    Senior Member Array Rugerman's Avatar
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    Man, that is great! What are the chances we could push this through in California?? I gaurantee the crime rates will go down.
    George Washington: "A free people ought to be armed."

  12. #11
    VIP Member Array Nick's Avatar
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    Congratulations Michigan! Good news for all law abiding folks!
    "To disarm the people is the best and most effective way to enslave them."
    George Mason


    "Gun control is a job-safety program for criminals."
    John R. Lott

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    VIP Member Array Sheldon J's Avatar
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    Last ditch attempt to get the Pro 2 A vote she needs it this time around badly, If she did not sign or veto'd it they would have over riden her veto and that would have been real bad for her.
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century

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    VIP Member Array Bud White's Avatar
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    Excellent .. i still think she will be voted out of office as the economy has tanked since she has ran things

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    'Bout time. I like the civil liability part especially.
    "In matters of style, swim with the current; in matters of principle, stand like a rock." Thomas Jefferson


    Nemo Me Impune Lacesset

  16. #15
    Member Array Fargo's Avatar
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    Quote Originally Posted by Bud White
    Excellent .. i still think she will be voted out of office as the economy has tanked since she has ran things
    Yeah, Devos is looking pretty good right now, I just hope he doesn't do anything to screw it up. Enough with the Canadian socialist lib.

    All the best,


    Joe

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