Michigan Votes Forum

Introduced in the House on September 7, 2005, to establish in law that a person who uses deadly force for self defense in his or her home or contiguous private property need not first flee from a threatening attacker. See also Senate Bill 1046

The vote was 91 in favor, 15 opposed and 1 not voting

(House Roll Call 371 at House Journal 38)

Click here to view bill details.

If a crook breaks into your home it is insane to think that you should try to run before shooting him or her.

This bill is important and needs to pass. We are talking about rights of law abiding citizens. The criminals have no business being protected during their illegal activties against law abiding people of this state or any other state. It IS about time!

Police Officers can not go by "case law" in investigating a case. Codifying this issue will help law enforcement in determining if the case should be sent to the Prosecutor.

Actually, the Michigan Prosecuting Attoerneys Coordinating Council -- an autonimous state agency within the Michigan Department of Attorney General -- provides this advisory definition, with brief remarks to the state’s prosecutors regarding self defense. It is based on the law as it now stands and has been well established in MIchigan: “a legally-justified use of force to protect one's self, another person, or property against some injury attempted by another person ... the right to repel force with force ... the defendant (i) must have honestly and reasonably believed that he had to use force for protection, (ii) may use only the type and degree of force that seems necessary for protection at the time based on the circumstances known to him, (iii) must not have acted wrongfully and brought on the assault (i.e., provoked the attack) ... In Michigan, a Prosecutor has the burden of disproving a defendant's self-defense claim beyond a reasonable doubt.” Please take special note of the last sentence, repeated here for emphasis: “In Michigan, a Prosecutor has the burden of disproving a defendant's self-defense claim beyond a reasonable doubt.” While this certainly allows for real investigation to uncover all pertinent facts when self defense is claimed, it also places a very heavy burden of proof on the prosecutor who would bring charges. It explains why we see virtually no charges brought or prosecutions pursued in cases of legitimate self defense. (Not all claims of self defense are legitimate, by a long shot, as court records clearly show.)

This state not only needs Capital Punishment but citizens have the right to protect themselvs in their homes or in public with a CCW if attacked by brutual force. It is a disgrace that this state will not protect gun owners or owners of a CCW. Personally, I cannot wait to leave this state forever...it is corrupt from the Governor to all the politians and ofcouse, the King of Corruption good ole Quami.....what a disgrace!

Rep. Cushingberry, having reserved the right to explain his protest against the passage of the bill, made the following statement: "Mr. Speaker and members of the House: What is the problem we are trying to cure? Are we advocating killing? Is this another piece of electioneering at the danger of the general public? What if someone honestly accidentally strikes or touches someone can you use deadly force? 'Vengeance is mine sayeth the Lord.' 'Ye have heard that it has been said an eye for an eye but I say unto you resist not evil. . . . . . .' This package of bills hb's 5142, 5143, 5153, and 5488 are designed to bring out the worst in our fraught with danger for the whole community. What if someone's aim is off and innocent bystanders are near by and get killed? Should they die to make a point? As an outdoorsman who respects weapons I have serious and grave suspicions about this package. My experience as a member of the bar tells me most shootings are between friends, families, acquaintances, and people otherwise known to one another. The murder rate will probably go up and the spiral of violence will continue ­ fear, weapons, anger, vengeance, cops, jails and prisons. Where will it end! Despair and hopelessness will then increase and those bent on wrong-doing will be more apt to use ultimate force in the first place. How about more mental health treatment available and more mental health facilities so volatile individuals can get more help. How about anger management being a part of school curriculums as well as ethics? Why not more human sexuality and respect for the opposite sex becoming hot media topics to encourage greater respect? Finally will we ever embrace our diversity or is this our generations lynching justified by self defense? Too many unanswered questions for this solution in search of a problem."

A law abiding citizen should not have to face prosacution because he defends his family or him self. He should not have to run when faced by a law breaker who intends harm to him or his family. He should not have the burden of civil law suit by the criminal or the criminals family because he defendes his own. This law has been in force in Florida for over a year with out the dire effect predicted by those opposed to it.

A law abiding citizen should not have to face prosacution because he defends his family or him self. He should not have to run when faced by a law breaker who intends harm to him or his family. He should not have the burden of civil law suit by the criminal or the criminals family because he defendes his own. This law has been in force in Florida for over a year with out the dire effect predicted by those opposed to it.

Senator Scott, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 5142, 5153,1185 and 5548. Senator Scott's statement is as follows: All this talk about protecting oneself from an intruder or a possible threat or attack. What about protecting those who truly cannot protect themselves, our young children? It is becoming so commonplace for us to hear or to read about another senseless shooting of a child because of an adult who left a loaded gun within reach. Just last week in the Lansing State Journal, I read how a 3-year-old boy in Pontiac was left in critical condition after finding his father's handgun and accidentally shooting himself in the head. Plus we have had so many of those in Detroit. It's such a shame and I can't understand for the life of me why I cannot get support for my bill, Senate Bill No.24, that would prohibit and provide penalties for anyone storing or leaving a loaded firearm within reach or access of a minor. Don't get me wrong, we must protect ourselves and our families from harm or any wrongdoing, but let's get serious about keeping our children safe. They need responsible adults in the Michigan Legislature to help protect them from irresponsible adults who care for them. I am hopeful that I will get the support that I need to get a hearing on my legislation. There are young children out there who deserve nothing less.

It seems the dire effects predicted in Florida just took a little longer than a year to take effect. "Justifiable Homicide" has tripled in FL in recent years, and now these efforts to repeal the "duty to retreat" are facing large scale national scrutiny, thanks to the media exposure of the Trayvon Martin case in Florida. It's a shame that people have to die, and that the media has to create a circus surrounding it for voices of dissent to be taken seriously.