Legislature Debates Deadly Force Bill

[tikkalover]

With an increase in crime in North Dakota since the oil boom, many residents have expressed concerns about safety on their own property.

Right now at the 65th Legislative Assembly of North Dakota, bill 2315 is being deliberated.
If passed, this bill will justify the use of deadly force in the case of unlawful entry to property.
Emily Medalen spent the morning at the legislature hearing both sides of the argument.

(Emily Medalen, KX News)
The Senate Judiciary Committee is getting mixed reviews on bill 2315, which discusses use of deadly force in defense of premises and property.
This bill gives more leeway on property owners to use deadly force in the case of trespassing, as well as preventing carrying away or damaging property.

(Christopher Dodson, Against Bill 2315) "The other parts of the bill remove the duty to retreat in the law. The duty to retreat is there because it means if it's not necessary, you can't intentionally kill."

(Emily Medalen, KX News)
Dodson says that the bill shouldn't be passed because it will give too much free reign to property owners who may deal with burglary or invasion.
Some others, however, see things a bit differently.

(John Ertelt, For Bill 2315) "Crime in North Dakota is out of control. It's not getting out of control, it's out of control."

(Emily Medalen, KX News)
Ertelt feels that the current law isn't doing enough to prevent people from committing these types of crimes.

(John Ertelt, For Bill 2315) "These criminals are emboldened because of the low penalties."

(Emily Medalen, KX News)
One aspect both sides agreed on is that trespassing and burglary are not crimes that should be taken lightly.
However, those against the bill feel that the use of deadly force is not necessary in cases where safely retreating is an option.

(Christopher Dodson, Against Bill 2315) "Just because someone is a wrongdoer, doesn't mean you have the right to kill them."

(Emily Medalen)
Ertelt points out that passing this bill may simply make criminals second-guess a decision to unlawfully enter someone else's property or home.

(John Ertelt, For Bill 2315) "It will send a message to the criminal element that the law abiding citizen of North Dakota will protect their property if necessary, they will use force to protect their property, and they are no longer going to tolerate this increase of crime."

(Emily Medalen, KX News)
Deliberations will continue on the bill for the next several weeks.
In Bismarck, Emily Medalen, KX News.

For more information, or to read the bill as it stands, visit legiscan.com.

Who the titty sprinkles is this Christopher Dodson? I dare him to come into my house uninvited. The first thing he will hear is my 357 going off, and then I will ask him if he wants to leave.

 

[Kickemup]

I don't give a shit who you are you come into my house uninvited trying to steal shit your going to get shot. Just by walking in my front door you are a threat to my family.

 

[Sum1]

I Chris saying if somebody breaks into your house your supposed to flee out the back door? What a sissy.

 

[Petras]

I should not have to run out of my house to feel safe.... if someone comes into my house uninvited they are getting a bullet.... I'm sorry but I'm not taking the time to ask them if they are there to steal stuff or if they intend to do harm to my family.... as long as they are dead they can't testify...

 

[Putz ND]

Any of you guys ever had someone in your house? I thought I did, when it turned out to be my brother stumbling through my fishing stuff in a drunken stupor at 3:00am after he had closed down the bar. My contacts say -5.5 on the packs, so I can't see much without some help, but having a laser on the gun not only helps when you can't see, but does a fine job of getting someone's attention!! Needless to say, if it's someone I don't recognize fast, it's damn easy to protect your family first and then ask questions later. Needless to say, I chewed his ass, then my wife went ballistic on him, and the best part - he finally bought his own loomis. Cheapass

 

[Sub_Elect]

Any of you guys ever had someone in your house? I thought I did, when it turned out to be my brother stumbling through my fishing stuff in a drunken stupor at 3:00am after he had closed down the bar. My contacts say -5.5 on the packs, so I can't see much without some help, but having a laser on the gun not only helps when you can't see, but does a fine job of getting someone's attention!! Needless to say, if it's someone I don't recognize fast, it's damn easy to protect your family first and then ask questions later. Needless to say, I chewed his ass, then my wife went ballistic on him, and the best part - he finally bought his own loomis. Cheapass

That's the only part that scares me. I will protect my family and property with any force I see necessary! I will let the courts decide my fate after that.

 

[ISELLGUNS]

Does this mean someone who doesn't like me can shoot me for walking around their house trying to read a water meter?

 

[Sum1]

Well what kind of fruit cake goes around reading peoples water meters?

 

[LBrandt]

The way my wife locks up the house at night and the way my lab would treat someone in the house that does not belong, I would shoot them just to put them out of their misery.

 

[eyexer]

I didn't think anybody reads water meters anymore. Figured they were all electronic. They are out here in the sticks.

 

[Lycanthrope]

I dont like the trespass part of this bill. Stealing and breaking and entering I can see. Landowners who dont want people on their land could shoot first and ask questions later. Say they keep the posting rules they way they currently are, but someone doesnt see a sign, or its missing, landowner kills them for being on their property? Seems a little extreme... I havent read this bill so maybe that isnt how it is written.

 

[3Roosters]

I dont like the trespass part of this bill. Stealing and breaking and entering I can see. Landowners who dont want people on their land could shoot first and ask questions later. Say they keep the posting rules they way they currently are, but someone doesnt see a sign, or its missing, landowner kills them for being on their property? Seems a little extreme... I havent read this bill so maybe that isnt how it is written.

At this point, what difference does that make? You have to pass these things before you know what is in it. Couple of the dumber statements ever spoken! Both from a couple of Dem goddesses.;:;popcorn

 

[Ericb]

Im not sure I like this bill or not yet. It does have say "A indivuduel is not justified in using more force than necessary." I can support stopping anyone entering a house. In fact the way may dad explained it to me was if you shoot someone breaking in make sure they dont fall back out the window. The theft and criminal mischief part I dont like. So lets say some teenage punk trys to steel a bike from my back yard. He runs off and I shoot him in the back. If I can make a case for feeling threatend Id be justified.

This almost sounds like its trying to justify the guy in MN.

 

[johnr]

having raise half of my family to adulthood, and having half still in middle school, I can tell you I have had kids sneaking in and out of my house, whether it was my own kids, or some of their friends sneaking around. I have never grabbed my gun when awoken in the middle of the night. I try to figure the situation out first, last thing I could live with is shooting my own kid, or their friends.
Should they have been sneaking around? of course not, but who hasn't in their youth.

The odds of an intruder are slim to none, but I do keep a pistol in the bedroom just in case, but it would have to be pretty certain that it wasn't one of the kids, kids friends, friend, or whomever, before I skinned that smoke stick.

 

[Bfishn]

This bill seems like a bit of an over reach to me. Shooting someone for trespassing, or petty theft? I think the law is fine as it stands now for the most part. I don't see this passing.