Gun bill's recoil can be disastrous
Atlanta Constitution
Published on: 03/16/06
Next time a driver cuts you off on I-285, think twice about rude gestures and nasty glares. He may feel threatened and shoot you.
The state Legislature wants to give that irate driver what amounts to a license to kill. The "shoot first, ask questions later" bill reflects a national campaign by the National Rifle Association to sanction legal gunplay in the streets. The law encourages the use of deadly force, which should always be the last resort.
These "stand your ground" laws, as the NRA describes them, expand what is known as the castle doctrine— the right to use deadly force to defend your home — to public places and eliminates any duty to retreat. "I think this bill has the potential to turn our streets into the OK Corral because it could be misinterpreted, misused and abused," said DeKalb District Attorney Gwen Keyes Fleming.
Florida enacted its "shoot first" law last fall, despite the opposition of police. Miami Police Chief John Timoney warned that innocent people could die —from kids playing pranks on neighbors to drunks who stumble into the wrong house.
The Georgia Senate also ignored the concerns of police, passing Senate Bill 396 with no discussion about the wisdom of encouraging people to use deadly force when the option exists to flee or call police. Now, the bill goes to the House, which has never met an NRA-backed bill it didn't like.
Lawmakers contend that the law helps the law-abiding citizen confronted by a thug in a dark parking lot. That has not been the case in states with such a law; most incidents involve disputes between people who know each other.
The first person to seek immunity from prosecution under Florida's "shoot first" law was tow truck operator Donald Montanez, who shot and killed a young father attempting to retrieve his car. Montanez said the man tried to run him over, and he fired in self-defense.
Police said the physical evidence contradicts that defense and charged Montanez with second- degree murder, four counts of aggravated assault with a firearm and shooting into an occupied vehicle.
