New Bill Would Thwart Ability to Claim Self Defense When Attacked
In the nanosecond it takes to make the decision to defend your life with deadly force, Assemblyman Rick Zbur wants you to stop and think about a few things while you are being attacked.
Have I “exhausted every reasonable means” of escape before fighting back and potentially “harming” my attacker?
And, “Is there a possibility of me using ‘more force than reasonably necessary?’ I’d better be careful!”
And if I’m outside my home, but in the process of being attacked, should I think “could injury to my assailant be avoided if I decided to retreat?”
Or what about, “Hey Mr. Criminal who is breaking my door down – are you just here to steal or are your going to hurt me in the process?”
Without question, two things are obvious here: First, Zbur’s reading comprehension when it comes to his own bills is sadly lacking – and more importantly, he’s never had a serious conversation with a victim of a violent crime.
Whether it’s a brutal home invasion or the horrors of a rape, these don’t happen in a vacuum. They are real and they are horrifying. With the introduction of his AB 1333, Zbur makes a mockery of self-defense, acting as if the defender is the problem rather than the criminal. His bill would allow prosecutions of crime victims who try to defend themselves and fundamentally gives an actual physical AND legal advantage to the offender.
The push-back to the newly introduced AB 1333 has been swift and Zbur was quick to publicly back peddle. He might want to check with the official sponsor of his bill – the radically anti-gun Everytown for Gun Safety – because they have been very public in their support, citing “Amid Rise in Political Violence and Extremism Across the Nation, Assemblymember Zbur Introduced AB 1333 Aimed at Promoting Safety and Clarifying State’s Self-Defense Laws.” And they’ve gone even further:
“This legislation builds on California’s gun safety legacy and lays the blueprint for the rest of the nation,” said Monisha Henley, senior vice president for government affairs at Everytown. “White supremacists and other extremists have hidden behind self-defense laws to fire a gun and turn any conflict into a death sentence. Now, lawmakers have an opportunity to help stop that and save lives. We thank Assemblymember Zbur for his commitment to gun safety and listening to advocates and experts on ways to keep Californians safe from gun violence.”
White supremacists, eh? It was not on our bingo card that this would be used as a legitimate reason to make it more difficult for victims of violent crimes to claim self defense. (Plus, we can chat about Everytown using USAID money to fund their anti-Second Amendment agenda, but that’s for another day).
The historical background is important here – California’s “Castle Doctrine” has been in statute since 1872, and grants individuals the right to act in self-defense in situations where either their home or property has been invaded without permission – and they felt their lives were in peril. It was amended, however, in 1984 because anyone who killed or injured an intruder was forced to prove they had acted out of ‘reasonable fear’ for life, and therefore had to use ‘reasonable force.’ GOC’s Founder Senator H.L. Richardson introduced and passed legislation that shifted the benefit of the doubt in such cases to the residents, establishing the presumption that the very act of forcible entry entails a threat to the life and limb of the homeowner.
Laws of this nature are called the “Castle Doctrine” for the simple reason that our homes are our “castles” – this is where we go to shut out the noise of the world; it is supposed to be where we feel most comfortable and safe and free from violence. We should always have the right to defend both our home and family against the dangers of this broken world – and should be able to do so without having to legally find a means of escape or have any fear of harming someone who is intent on hurting us. Forcing retreat first guarantees there will be more innocent victims.
We are glad that Zbur is back peddling. But why stop with this bill? We think he should back peddle himself right out of the Legislature.
The post “Hey Mr. Criminal who is breaking my door down – are you here to steal or are you going to hurt me?” appeared first on Gun Owners of California.
