Macon Telegraph, The (GA)
January 24, 2006
Section: A
Edition: HOME
Page: 6
'DEADLY FORCE' PROPOSAL IS UNNECESSARY AND DANGEROUS
Watch out. Be careful. State Sen. Greg Goggans, R-Douglas, with a little help from the National Rifle Association, wants to make it legal for those who "reasonably" believe they are under attack to fight back, including the use of deadly force.
On the surface it's difficult to argue with a person's right to defend one's self or one's loved ones. In fact Senate Bill 396 is not much different from present law with a couple of notable exceptions. The present law limits to one's home where deadly force can be used. But this revision would allow deadly force to be used "any place where he or she has the right to be." Basically that means on the street, in the mall or in a restaurant or bar. It's one thing to have the power to protect yourself in your home. We all know who is supposed to be there and who is not. However, on the street, where everyone has the legal right to be, misunderstandings can and do happen, from road rage to an accidental bump on a crowded road.
Proponents of the bill say it will help deter crime if criminals know their victims could be armed. Unfortunately, it could also give a pass to people who use their guns irresponsibly. The average citizen is not trained to know when or where it's safe to discharge a weapon. And who will define "reasonable belief?"
A person may think he or she is about to be attacked when no such motive exists. They may also end up shooting innocent bystanders by mistake. This bill doesn't address what would happen, even in the event of a real attack, if someone other than the attacker is injured or killed by the person defending himself or herself. Too much rests on the "belief" of the individual, something no one can check or define. One person's heated debate is another's life-threatening situation.
Law enforcement officers' jobs are difficult enough. Having more gun play is not something they would want to see, particularly when they arrive at a scene not knowing whether the armed person is the good guy or the bad guy. The bill would also take out of the court's hands the duty to determine if the situation was life-threatening or not, and whether deadly force was necessary.
This bill is one of those election-year-fire-up-the-base proposals that so many lawmakers like to play with. Georgia should not be the state where it's legal to shoot first and let God sort 'em out later.
