Self-defense bill sees support in Alaska Legislature
by Christopher Eshleman / ceshleman@newsminer.com
Apr 09, 2011 | 4606 views | 17 17 comments | 4 4 recommendations | email to a friend | print
JUNEAU — The state House on Saturday easily cleared a plan to clarify — or broaden, depending on who’s talking — people’s right to defend themselves with deadly force.

It would expand the explicit (in state law) right to use lethal force to apply anywhere someone has “a right to be.” Proponents say it will assure everyone in Alaska he or she does not need to back off if they find themselves in a dangerous situation and want to fight back with a lethal weapon.

Rep. Eric Feige, R-Chickaloon and a co-sponsor, said the change would send two messages. To good people, he said, it “solidifies their right to defend themselves. It makes it absolutely clear.” He said the measure also tells potential criminals to think twice before they break the law.

The bill passed 33-6. Rep. Scott Kawasaki, D-Fairbanks, backed the measure but with “apprehension.” A National Rifle Association member, he said the bill would not help address a social trend toward “a culture of violence” where “thoughtful deliberation” in conflict is too often replaced with violence. All seven representatives from the Interior delegation supported the bill.

Detractors said the measure would, as put by Minority Leader Beth Kerttula, D-Juneau, turn the state’s self-defense law “on its head” and compound state government’s ability to prosecute murderers.

The measure, House Bill 80, would need to pass the Senate and Gov. Sean Parnell’s desk to become law. Rep. Mark Neuman, R-Big Lake and the proposal’s lead sponsor, said by statement after the vote that he has worked with state attorneys to address concerns the measure could contribute to violence.

“The bill places the duty to retreat on the criminal or person who means to do you harm. We’ve expressly left the justification for the use of deadly force unchanged,” he said. “Alaskans deserve full protection of their constitutional and human rights to self-defense and to keep and bear arms for personal protection.”

Law of the sea

The Alaska Legislature last week formally asked Congress to ratify the Law of the Sea treaty.

The request suggests the United States is “forfeiting sovereign rights to and international recognition of” a vastly larger share of Arctic waters than it currently oversees under domestic and international laws. It estimates that one-third of all oil and natural gas production worldwide comes from offshore sources and states that the United States would be unwise to neglect the chance to secure sovereignty over its Arctic resources.

The treaty, finished in 1994, outlines and assigns global responsibilities with respect to the world’s oceans. The United Nations states on its website that drafters sought “a more stable order” and “better management of ocean resources” to minimize conflicting interests.

A handful of state lawmakers including Sen. Joe Paskvan and Rep. Bob Herron, Democrats from Fairbanks and Bethel, proposed the resolution this winter.

The treaty — the United Nations Convention on the Law of the Sea — has 160 nations as parties. The United States’ absence has drawn concern from many in Alaska, which has two-thirds of the nation’s coastline and is the only Arctic state. The treaty has been signed by the U.S. government’s executive branch but the Senate has yet to ratify.

Arctic caucus

The Legislature also urged closer executive branch participation in the Arctic Caucus of the Pacific Northwest Economic Region, a collaboration between northwest U.S. states and western Canadian provinces and territories. The caucus includes Alaska, the Yukon and the Northwest Territories.

Proponents said the resolution, which cleared the Senate on Thursday, emphasizes that “coordinated U.S. and Canadian policies are vital for the well-being of the regions’ citizens.”

The Arctic Caucus was first promoted by Sen. Lesil McGuire, R-Anchorage, when she was president of Pacific Northwest Economic Region two years ago.

Contact staff writer Christopher Eshleman at 459-7582.
Comments
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Zero_Below_Zero
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April 11, 2011
TEEBONICUS, your paraphrasing of the statement is not what the statement is saying either. You're right, that is not what the bill is aimed at, but if the bill is not worded properly it may still have the same effect regardless of the intent. For example, I disagree with the article's paraphrasing:

"Proponents say it will assure everyone in Alaska he or she does not need to back off if they find themselves in a dangerous situation and want to fight back with a lethal weapon."

Why should it be a question of wanting to fight back, shouldn't it be when it is necessary? The law itself does appear to be reasonably worded though, paraphrasing aside.

Even so, it could have unintended repercussions. The incident where Mr. Lund was killed by Mr. Bostic in a traffic dispute for example. It would be perfectly possible for Mr. Bostic to mount a claim self-defense under this law. I can't see how he would win, but the door would be open.

TEEBONICUS
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April 11, 2011
"[H]e said the bill would not help address a social trend toward “a culture of violence” where “thoughtful deliberation” in conflict is too often replaced with violence."

Wait just a minute. When confronted with a threat of immediate death or grave bodily harm, there is no TIME for “thoughtful deliberation”, there is only time to react or die.

That's what this bill is aimed at, and this creature knows it.
throwman
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April 11, 2011
in response to alaska mountain man, i read the TAMPA BAY article and isnt it great to see law abiding citizens getting the benefit of the doupt. so many times for some technical reason someone was prosecuted wrongly in self defense. i dont want to see anyone killed period. however if i must take that action in self defense i do not want to be worring about going to jail even though i was proper in my actions..FOR EXAMPLE, it takes less than 1.5 seconds for an attacker with a knife to charge you from 21 feet away and kill you .the attacker can get to you before you can draw a concealed gun. the demonstration has been show on the sportsman channel with experts drawing and they cannot draw fast enough to kill the attacker. i tell that because what if i shot the attacker{armed with knife} at 20 ft away and killed him/her. jurors may not understand that 21 ft rule and put me n jail.. so pass the new bill and give citizens all the help they need to be safe.
say_what64
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April 11, 2011
At least this, 'right to self defense' law, might make those men that like to beat on women, think twice before doing so! An abusive spouse is a tough situation. There seems to be no where to turn, in most cases. Perhaps with this law, they can fight back, with a permanent outcome! No worry about them getting out of jail and coming after you again! Those, 'dirt balls' need to be severely dealt with and put out of their misery!
JoeParks
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April 10, 2011
Pass the 'Right to be' law, and Thank you !
Samm_redux
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April 10, 2011
88888 wrote: It was my understanding that the Law of the Sea Treaty would give total control of our shorelines to the United Nations.

***********

Whatever gave you that idea? Have you read the treaty? Or do you get your info from Rush Limbaugh?
alaskamountainman
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April 10, 2011
In 2005 Florida was the first of more than twenty states to pass a "Stand Your Ground" law. The NRA has been instrumental in getting these laws passed btw. Here is an article that appeared recently in the St. Pete Times regarding what has happened in Florida since the law passed:

http://www.tampabay.com/news/publicsafety/crime/article1128317.ece

islandliver
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April 10, 2011
Deepbrethnow sums it up: one dead one story to dispute.

Alaskan have a great ability to forget things that started off as good intention and turned into fiascoes before long.

I total support defending your self when the situation is justified. Using the right to be there seems a bit far extreme as the qualifying justification.

I guess we see what happens after a few cases for it hardly a week goes buy without some incident in Alaska results in one or more deaths due to what started as a confrontation between two or more individuals.

sonofchulio
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April 10, 2011
88888---

I'm curious about that also.
sonofchulio
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April 10, 2011
It is interesting that a law that seeks to allow greater lattitude to law abiders for their own self defense, and the defense of their family, is seen by some as an invitation to wackos and gangsters to commit crimes. It's almost like this proposed legislation would make murder legal, all because somebody might see the law as something that it is not.

If a criminal misinterprets other laws (robbery, abuse, traffic, etc.), then does that make those laws useless and meaningless, even counter-productive?
88888
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April 10, 2011
It was my understanding that the Law of the Sea Treaty would give total control of our shorelines to the United Nations.

Which is correct?
Pearl=W
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April 10, 2011
Many good people, worried about being able to defend themselves and their kids in areas with little or no Law Enforcement, and probably the Legislatures as well, see only one side of this law - the person who would only even consider the use of lethal force against another human being under the most extreme and unavoidable threat. But the law will be there for everyone, not just reasonable people.

I know a man who was absolutely positive his neighbor's 11yo daughter was stalking him with the intent to commit murder, big burly guy in his 40's, always packing firepower, given to extreme physical temper-tantrums. [The child was terrified by him.] Undoubtably too many drugs had something to do with the man's persistent paranoia, but how uncommon is that, really? As deepbreath says, when there were only 2 witnesses, and one of them is dead . . . I think this legislation is probably a bad idea. Better would be a move by LE and the DA offices to be more considered in who they will charge [and put to the trauma and expense of defending themselves in court afterwards] with murder, after an act of self-defense. I notice that LE will often find killings committed by LEOs to have been 'unavoidable', often after very, very brief investigation, but the person who shoots someone who is beating them, breaking into their home, etc, is almost invariably charged with homicide. That seems kind of backwards to me, though for sure, I'd want the circumstances of a self-defense killing thoroughly investigated in either case, to be certain of the circumstances.
deepbreathnow
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April 10, 2011
When there are only two witnesses to a killing and one of them is dead,it might be hard to convict if the person insists they felt threatened. This bill has repercussions for domestic violence and things such as gang shoot outs. Life just got cheaper in Alaska. Might reduce aggressive panhandling though.
Yukonjohn
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April 10, 2011
Finally our legislature does something of importance to us their bosses!! Glad to see this legislation moving forward!
sonofchulio
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April 10, 2011
Does anyone know Beth Kertulla's reasoning for saying that this law will compound the governments's ability to prosecute murderers? I don't understand the connection.
Navin
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April 10, 2011
You're right.
truthinnews
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April 10, 2011
I'm sure that "agenda driven nutcase, truthinnews" will have something to say about this.
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