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Tuscaloosa News
Article published Mar 28, 2006
Legislature passes bill to expand when deadly force can be used

By BOB JOHNSON
Associated Press Writer

The Alabama House gave final passage Tuesday to legislation to expand the instances where a person can kill someone to protect a home or vehicle.

The House passed the legislation 82-9 after breaking a filibuster by some black legislators, who expressed concern it would cause people to be shot when they accidentally stray on someone's property.

The legislation now goes to Gov. Bob Riley. A spokesman for the governor, David Ford, said Riley has said he supports the bill.

Similar legislation, called "castle laws" in some areas, has been adopted in Florida, Indiana and South Dakota. The legislation is backed by the National Rifle Association.

The House has debated different versions of the bill on six different days this session and Tuesday passed a Senate version sponsored by Sen. Larry Means, D-Attalla.

Sen. Larry Means, a lifetime NRA member, said he read about Florida's law in the NRA magazine last year and decided to try to pass similar legislation in Alabama. He tried to pass it in the special session last year without success and brought it back this year.

"It's not an election year issue," he said.

Asked about its impact, he said, "What it means to the citizens of Alabama is they will be able to protect their homes, businesses and automobiles from someone forcibly entering them and not fear prosecution."

"Anyone can feel comfortable about protecting their families if someone breaks in their home, business or car," Means said.

The bill removes language from current law that says a resident should not use deadly force during a break-in if he or she can "avoid using force with complete safety."

Rep. Albert Hall, D-Gurley, sponsored the legislation in the House and said it was one of the toughest bills he ever tried to pass.

"The only thing this bill changes is you don't have to retreat. You don't have to give the law breaker the upper hand," Hall said.

The veteran lawmaker felt so passionate about the issue, he was on the House floor pushing the bill Tuesday even though his wife, Mary Ann, died less than two weeks ago of cancer.

Rep. John Rogers, D-Birmingham, led a filibuster by some black lawmakers.

"It gives too much leeway for someone to shoot someone," Rogers said.
:banana: :banana: :banana:

Hopefully the Governor will sign it today. Next order of business is to make Alabama a shall issue state.

BTW I don't care much for the writer's use of the word "kill" in the first sentence. Fortunately he quotes Sen. Means, "What it means to the citizens of Alabama is they will be able to protect their homes, businesses and automobiles from someone forcibly entering them and not fear prosecution."
 

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More true "common-sense" laws passing in our great nation.
 

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to expand the instances where a person can kill someone to protect a home or vehicle.
Yes I too was gonna comment on that - why use the word ''kill'' - it is quite unnecessary - and sure is not useful when it comes to Brady et al moaning about it!!

However that aside - excellent news and I hope as I have said before, that the momentum across other states is continued. I must write my congress critters and see if we can get PA on the sensibility wagon.
 

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I got my very first CCW permit issued in Tuscaloosa as a student at BAMA. I thought it was always "SHALL ISSUE?" My permit was so easy it's unbelievable. I was in the parking lot for the Sheriff in my ROTC uniform. The sheriff came out and looked me over. Looks good to me! That was it. Issued on the spot for about $15 IIRC.
 

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My hats of to ya'll in 'BAMA. The citizens and the NRA worked hard for this one as they did in Flah-Dah. Way to go ------
 

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Discussion Starter #10
Pitchar said:
I'm moving to Alabama
Come on down. Always glad to have a CC member here. Where are you moving to and when?
 

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Congratulations to Alabama!
 

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Congrats to Alabama. :hand10:

Here in Arizona we're a 'shall issue' and 'open carry' state, but we're still awaiting the final state legislative outcome regarding the Castle Doctrine. The following is from the NRA-ILA a few weeks ago:

Senate Bill 1145, the "Castle Doctrine" sponsored by Senator Timothy Bee (R-30), passed the full Senate this month with a strong bi-partisan vote of 28-0. In addition to codifying the "Castle Doctrine," this critically important legislation returns the "Burden of Proof" in self-defense cases to the state, which corrects the current “guilty-until-you-prove-your-innocence” standard. SB 1145 now moves to the House of Representatives.
Hoping they do the right thing.
 
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