Kansas Governor Signs Castle Doctrine Clean Up Bill

This is a discussion on Kansas Governor Signs Castle Doctrine Clean Up Bill within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Monday, April 19, 2010 Today, Governor Mark Parkinson (D) signed Senate Bill 381 into law. This bill, more commonly known as “castle doctrine” legislation, will ...

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Thread: Kansas Governor Signs Castle Doctrine Clean Up Bill

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    Member Array kccad's Avatar
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    Kansas Governor Signs Castle Doctrine Clean Up Bill

    Monday, April 19, 2010

    Today, Governor Mark Parkinson (D) signed Senate Bill 381 into law. This bill, more commonly known as “castle doctrine” legislation, will make important corrections to Kansas’ current self-defense statute.

    The recent Kansas Supreme Court Ruling in State v. Hendrix stated that if a person threatens force instead of actually using deadly force, the individual is not entitled to a self-defense jury instruction and could be charged with aggravated assault. The ruling was applied to an individual who threatened force (but never discharged the firearm), when his fiancée was assaulted and was subsequently charged and given a felony conviction. He is now a prohibited person for exercising his God-given right of self-defense.

    NRA has diligently worked with the legislature in both chambers to make sure that Kansas citizens’ self-defense rights are clearly articulated to minimize the chances that the State Supreme Court will misinterpret the legislature's intent.

    NRA-ILA :: Kansas: Governor Signs Castle Doctrine Clean Up Bill

    http://www.kslegislature.org/bills/2010/381.pdf

    I believe that this is the State v. Hendrix case that the judge used as a guideline for his ruling....

    http://www.kscourts.org/Cases-and-Op...1023/97323.pdf

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    VIP Member Array crzy4guns's Avatar
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    I am glad to hear that this matter has been resolved! Anyone living in Kansas could have been in the same situation and would have been convicted as a felon as poor Hendrix was for defending his fiancee and for sparing the life of the perpetrator. Lunacy! Thank God the governor had common sense and did the right thing by signing this bill.
    God bless our troops!

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    VIP Member Array Hiram25's Avatar
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    That's pretty bad if you can get out of a shoot situation without shooting and then get shafted for it. I guess they figure it's better all around if you shoot the BG.

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    Senior Member Array Rob P.'s Avatar
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    Two other things that the Gov should do is fully pardon Hendrix and get that judge off the bench. Oh yeah, FIRE the Deputy prosecutors who brought the case; IMMEDIATELY! (I guess that makes 3 things the Gov should do.)

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    Member Array ZombieShoot's Avatar
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    Quote Originally Posted by Rob P. View Post
    Two other things that the Gov should do is fully pardon Hendrix and get that judge off the bench. Oh yeah, FIRE the Deputy prosecutors who brought the case; IMMEDIATELY! (I guess that makes 3 things the Gov should do.)
    Yeah seriously.....

    Hendrix was seriosuly wronged by the system. In fact I think he should take it to the Federal level appeals process if he has too.

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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by Rob P. View Post
    Two other things that the Gov should do is fully pardon Hendrix and get that judge off the bench. Oh yeah, FIRE the Deputy prosecutors who brought the case; IMMEDIATELY! (I guess that makes 3 things the Gov should do.)
    The Legislature made the law "retroactive", which means any cases which someone was convicted on that basis, will have their cases reviewed and reversed. I applaud them for including that.

    I agree that no DA should have filed charges if someone pulled a wepaon due a threat, and the threat terminated at that point as a result. It shows the importance of looking at what the law doesn't say and does say, and not read into it what we think it it is implying.

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