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Guns
Montana Expands Self-Defense Rights
FAIRFAX, Va. – National Rifle Association-backed legislation has been signed into law that enhances the right of self-defense for law-abiding Montanans. House Bill 228 was passed out of the House with a vote of 85-14 and the Senate 40-10.
"The overriding principle embodied in House Bill 228 is that self-defense is a fundamental right and this new law will reinforce that right," said Chris W. Cox, NRA’s chief lobbyist. “Law-abiding citizens should be afforded every opportunity to defend themselves and their loved ones and they should not be treated like criminals if they choose to exercise this important right."
House Bill 228 is a broad piece of legislation that provides a number of specific protections for law-abiding citizens. This new law clarifies the ability of law-abiding citizens to carry a firearm in plain view and to present the firearm for defensive purposes when threatened. Additionally, the law puts clearly into statute existing Montana case law providing that, when threatened, a law-abiding citizen has no duty to retreat if the person is in any place he or she has a legal right to be. Other provisions include expanding existing law to allow the use of force in defense of an occupied structure and preventing landlords and hotel operators from restricting self-defense rights.
“A second fundamental principal reflected in the language of House Bill 228 is the concept that a person is innocent until proven guilty,” added Cox.
HB 228 is a victims rights measure that further places the burden of the judicial system on the criminal. Any individual who acts in self-defense, and is able to prove that he or she acted in self-defense, will now be able to shift the burden of proving the absence of justification to the prosecution.
“This bill received overwhelming bipartisan support and NRA would like to thank Governor Schweitzer for signing the bill. Also to be commended are the efforts of lead sponsors, State Representative Krayton Kerns (R-58) and State Representative Deborah Kottel (D-20), for their continued support of the Second Amendment. The Montana Shooting Sports Association and Gary Marbut also played an instrumental role in this effort,” concluded Cox.
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Comments
Many styles of martial arts
Many styles of martial arts are skillful for self-defense or consist of self-defense methods. Some styles teach mainly for self-defense, while other martial or combat sports can be successfully functional for self-defense. https://pinterest.com/swordsswords123/self-defense/
question...
If I were attacked when I was leaving a house , before this HB228 was passed, do I still have the right to defend myself? And is choking by a hood considered bodily harm? If I was telling the aggressor that I did not want to fight, and he/she continued to choke me, do I have a right to defend myself even thought the fight fell to the ground and I ended up on top? But continued to be choked to the very end?...
Sel1f defense burden of proof
HB 228 is a victims rights measure that further places the burden of the judicial system on the criminal. Any individual who acts in self-defense, and is able to prove that he or she acted in self-defense, will now be able to shift the burden of proving the absence of justification to the prosecution.
The above is very confusing. If you PROVE self-defense, that's the end of the case. If I am a police officer who arrives on the scene of a shooting, I have no opinion as to guilt or innocence unless the scene is unusual. The initial burden is on the shooter to prove delf-defense as a defense to a prosecution for unlawful use of force. If a perp attacks you with a knife, you pull a gun and he then retreats, you better not shoot him. You are not in danger when he retrats. If you have time to aim, you are most likely not in danger.
Anything that makes a citizen think he's empowered to shoot a criminal under any circumstance will lead to a prosecution for mmanslaughter, If the D.A. is satisfied with the police report that says self-defense, it iis unlikely he would prosecute. But if he ddoes, the burden is on the citizen to prove sself-defense. There's no shifting of burden of proof.
If you owe me money and I'm banging on your door, demanding you open up and you shoot me through the door, you are in big trouble. So llet's not think the Old Law of the West is working today; it isn't.
Self Defense
I can assure you that if you have a pistol in hand, and someone has a knife in hand, that if they are within 20 feet of you that they will get you before you can raise,aim and fire unless you are a Hollywood superhero. I picked up that little tidbit sitting in a jury box listening to a witness for the State. Quick summary, If they are that close threating you with a knife, SHOOT NOW! If they turn and run, DONT SHOOT!!!!!!!!!! If you are threatened and in a place where you have every right to be in, why should you have to try to run away??? What is "the old law of the west"???? As U.S. Citizens, Our Constitution provides us with the RIGHTS to LIFE,LIBERTY and the PERSUIT of hapiness. An attacker is attempting to take one or more of the first two. They are possibly messing around with the third one, as someone trying to rob me,steal what I worked for,or hurt an innocent person is probably crossing that line. Also, If you KNOCK,not BANG on my door, Please don't DEMAND that I "open up"! Don't be offended if I ask you to identify yourself. If I tell you to go away, Please do so, If you don't You are trespassing and I will have to run and hide and call 911, then pee my pants while waiting for an Officer of the law to free from another call and make themselves available.
self defense
The general rule on ability to deal with an attacker with a knife is the "7 Yard" rule, and it is quite accurate. It initially applied to a policeman with a holstered gun facing an assault with a knife. It also assumes both are athletic enough to act with reasonably expected reaction times. Change either and the rule changes.
An elderly woman would most likey need to extend that 21 ft to 15 yards. An experienced Judo master might ignore the gun in his holster and disarm the perp physically.
Yes, if someone is banging on your door in a threateing manner, calling 911 is the thing to do. If they break in, shoot until they quit moving.
The point I want to make is that self-defense is a two edged sword. Assume you chase the perp that has the knife and you catch up and raise your gun to shoot him. He now has the right to self-defense.
The laws is clear. You need not retreat, even if that might be a good idea. Stand your ground and you kill the perp. I, as a cop, arrive. I don't know either of you. I've got you with a gun in hand and a body on the ground. My first act will be to disarm you. I suggest you follow orders and lay the gun down. Since the perp is dead there's only your story. Forensics will go over the scene and they and I will present what we know as facts to the D.A. The D.A. will decide whether to rule self-defense or prosecute on manslaughter.
The open & shut cases, a known hood against a homeowner, are no-brainers. Everything else is iffy. My suggestion is unless you seriously are in danger, don't shoot.
I've been a police officer and am fairly well trained in self-defense both as a former Marine and cop. I have also spent many years in courts. I've seen the now disabled perp sue the shooter in a civil case. You may win, but you're going to spend lots of time defending yourself. It ain't worth it unless it really is a life or death situation.
I hope I've made the point. Don't get self-righteous or lose your temper with a gun in hand. It doesn't always turn out the way you hope.
self defense
Self Defense is just that... Having a firearm in your possesion is a big responsibility. I agree, NEVER let your emotions take charge of a situation. However I do applaud the State of Montana for adopting a common sense law , as opposed to my home state of Washington. Where unless you are inside of your own home, someone pretty much has to hurt you first, and if you are still breathing after calling the local gendarmes and waiting a reasonable period of time, You might just try to save yours or less likely someone else's life. Here you can just forget about anything else. "It's just property", "It was a ten year old car". I believe that it all boils down to some people in our society no longer have any respect for others,or the property of others. Without trying to sound like I am preaching, That is why I like these types of laws. I carry a pistol, just like I have Fire Extinguisers in my Home, and in my vehicles. I also have First Aid kits in the same places. I have training to use all of them. I have saved a life with CPR, I have dealt with broken bones, and lacerations, I have put out fires. I never wanted to do any of those things. I have NEVER used a firearm or any other weapon on another person, And I hope to GOD that I never will have to. However, I will never let my CPL lapse and like Carl Malden said "Don't leave home without it". I have been hauling one around for the last 23 years. Again, I agree. Walk away from trouble if you can, Always be aware of what is going on around you, If you are uncomfortable, or it "Dosen't feel right" try to exit stage right! Walk, DO NOT RUN! Discretion is the better part of Valor. But PLEASE! Everyone fight for your legal right to stand your ground!!!! I truly hope you never have to do so...