By HOWARD FISCHER
Capitol Media Services
02/03/2006
PHOENIX -- The House of Representatives gave preliminary approval Thursday to letting anyone shoot to kill when someone illegally enters a home or car.
On a voice vote, lawmakers said people are legally entitled to use deadly physical force when someone unlawfully or forcibly enters any residence or occupied vehicle. A final roll-call vote on HB 2392 will send it to the Senate.
The move came after supporters beat back several amendments designed to narrow the scope of the measure.
Rep. Ben Miranda, D-Phoenix, sought to restore the legislation to the way it was when originally introduced. That would have allowed someone to use deadly force only when an intruder both unlawfully and forcibly enters a home, rather than either one.
Miranda also was unsuccessful in limiting the right-to-shoot measure to dwellings.
He said the "castle'' doctrine on which this legislation is based -- named after the adage that "a man's home is his castle'' --was never meant to apply to cars and trucks.
But Rep. Russell Pearce, R-Mesa, objected. "You may have children in the car,'' he said.
Pearce also convinced colleagues to defeat a proposal by Rep. Ted Downing, D-Tucson, to spell out that the legal defense to killing someone does not apply "if a reasonable person under similar circumstances would have retreated.''
"There certainly is a right to self defense,'' said Downing. But he said it may make more sense to step away "instead of having your living room covered with blood.''
The only exception, said Downing, would be if the person who does the shooting was either the victim of domestic violence or had an order of protection against the assailant.
But Pearce said people whose houses are invaded shouldn't have to prove they could have left.
"It's my home, my castle,'' he said. "I have a right to defend it, especially if I have children in the house.''
Downing remained unconvinced, saying that the legislation will "allow Arizona testosterone to rise up rather than reason.''
Capitol Media Services
02/03/2006
PHOENIX -- The House of Representatives gave preliminary approval Thursday to letting anyone shoot to kill when someone illegally enters a home or car.
On a voice vote, lawmakers said people are legally entitled to use deadly physical force when someone unlawfully or forcibly enters any residence or occupied vehicle. A final roll-call vote on HB 2392 will send it to the Senate.
The move came after supporters beat back several amendments designed to narrow the scope of the measure.
Rep. Ben Miranda, D-Phoenix, sought to restore the legislation to the way it was when originally introduced. That would have allowed someone to use deadly force only when an intruder both unlawfully and forcibly enters a home, rather than either one.
Miranda also was unsuccessful in limiting the right-to-shoot measure to dwellings.
He said the "castle'' doctrine on which this legislation is based -- named after the adage that "a man's home is his castle'' --was never meant to apply to cars and trucks.
But Rep. Russell Pearce, R-Mesa, objected. "You may have children in the car,'' he said.
Pearce also convinced colleagues to defeat a proposal by Rep. Ted Downing, D-Tucson, to spell out that the legal defense to killing someone does not apply "if a reasonable person under similar circumstances would have retreated.''
"There certainly is a right to self defense,'' said Downing. But he said it may make more sense to step away "instead of having your living room covered with blood.''
The only exception, said Downing, would be if the person who does the shooting was either the victim of domestic violence or had an order of protection against the assailant.
But Pearce said people whose houses are invaded shouldn't have to prove they could have left.
"It's my home, my castle,'' he said. "I have a right to defend it, especially if I have children in the house.''
Downing remained unconvinced, saying that the legislation will "allow Arizona testosterone to rise up rather than reason.''