• Home
  • Legislative Watch List
  • Contact Us
  • Books & References
  • LINKS
  • WEEKLY CARTOONS
  • Never shake a baby, let him do it himself!
  • WCSO Lt. Brian Filipiak Arrested for Drunk Driving
Washtenaw Watchdogs

Board of Commissioners passes resolution to advocate repeal of Michigan’s Stand Your Ground Law.

10/21/2013

1 Comment

 
Picture
It was a full house at the October 17, 2013 Board of Commissioners Meeting
Picture
Extra security was on hand at the meeting
UPDATE:  Ann Arbor Chronicle: Washtenaw Board Sued over Stand Your Ground. Story HERE
The Washtenaw County Board of Commissioners voted on October 17, 2013 to advocate for the repeal of two Michigan Laws related to self-defense and gun control. The Vote was 5 to 4 in favor. The resolution reads in part[1];

 WHEREAS, the Washtenaw County Board of Commissioners believes that Public Act 309 of 2006 can place an unreasonable burden on prosecutors to overcome the presumption that a defendant claiming self-defense acted upon a reasonable and honest belief of imminent death, great bodily harm, or sexual assault, especially in cases in which the only witness who could rebut the presumption is dead; and

WHEREAS, Public Act 319 of 1990, the Firearms and Ammunition Act, impedes local units of government from protecting the public health, safety and welfare by preventing the establishment of reasonable local regulations concerning the sale, transfer, transportation or possession of firearms and ammunition;

BE IT THEREFORE RESOLVED that the Washtenaw County Board of Commissioners calls upon the Michigan State Legislature and Governor Snyder to repeal Public Act 309 of 2006 and Public Act 319 of 1990

Many members of the community came to speak both for and against the resolution. The speakers were about 2 to 1 against approval of the resolution. Many of the speakers in favor of the resolution spoke against the carrying of a handgun because they felt it increased the likelihood that someone would be shot. The laws for which the resolution advocates repeal do not affect the right to carry a handgun. Some of the speakers also said that they felt the law or its application was racist. Some advocates for repeal have cited the Travon Martin case in Florida as a reason that the law needs to be repealed, although the Florida Stand Your Ground Law was never invoked at that trial.

The speakers who were against repeal of these laws most often spoke of their right to defend themselves and their families from criminals who threatened them. Many gave statistics on the likelihood of harm to victims who tried to run away.



[1] Proposed repeal of SYG law


All but two of the Commissioners spoke at this meeting or a previous meeting about their positions on the resolution. Two Democrats voted against the resolution but never spoke to explain their positions. Those included Roland Sizemore and Kent Martinez-Kratz. Republicans Alicia Ping and Dan Smith both voted against the resolution. Commissioners who voted to approve the repeal resolution included Board Chair Yousef Rabhi, Commissioners Ronnie Peterson, Andy LaBarre, Conan Smith and Felicia Brabec. 

1 Comment

More Public Comments on the Board’s Proposed Resolution to Repeal Michigan’s Stand Your Ground Law

10/14/2013

2 Comments

 
By Douglas Smith 10/11/13

The Washtenaw County Board of Commissioners wants to join the Ann Arbor City Council and others to pass a resolution to tell the legislature to repeal Michigan’s Stand Your Ground law and Act 319 of 1990, which prohibits local governments from passing restrictive gun laws. The resolution reads in part[1];

 WHEREAS, the Washtenaw County Board of Commissioners believes that Public Act 309 of 2006 can place an unreasonable burden on prosecutors to overcome the presumption that a defendant claiming self-defense acted upon a reasonable and honest belief of imminent death, great bodily harm, or sexual assault, especially in cases in which the only witness who could rebut the presumption is dead; and

WHEREAS, Public Act 319 of 1990, the Firearms and Ammunition Act, impedes local units of government from protecting the public health, safety and welfare by preventing the establishment of reasonable local regulations concerning the sale, transfer, transportation or possession of firearms and ammunition;

BE IT THEREFORE RESOLVED that the Washtenaw County Board of Commissioners calls upon the Michigan State Legislature and Governor Snyder to repeal Public Act 309 of 2006 and Public Act 319 of 1990

This means that an individual who is threatened with death or great bodily harm must be able to prove not only that the threat is reasonable but that they had no alternative to the use of deadly force. The prosecutor has the entire power and resources of the state to prove their case but the County Commissioners want to shift the burden of proof to the individual citizen.

In addition, they want each gun owner to know and follow the gun laws in every jurisdiction to which they travel. They want the State to become a hodgepodge of differing and conflicting gun laws.

Although the resolution was not on the agenda for the October 2, 2013 meeting of the Board, twelve people showed up to make public comments opposing the resolution and one spoke in favor of the resolution.




[1] Proposed repeal of SYG law
9-18-13-stand-your-ground-resolution.pdf
File Size: 9 kb
File Type: pdf
Download File

Three commissioners spoke, indicating that they favored the resolution, Andy LaBarre, Conan Smith and Yousef Rabhi.

One commissioner spoke, indicating that she was opposed to the resolution, Alicia Ping.





MLive reporters did an extensive study on justifiable homicide cases in Michigan. They found no significant rise in the incidence of justifiable homicides in Michigan from the early 2000’s until 2010  despite the enactment of the Stand Your Ground law in 2006.

http://www.mlive.com/news/index.ssf/2012/06/justified_to_kill_an_mlive_spe.html








2 Comments

    Doug Smith

    Chief Watchdog

    Archives

    October 2013

    Categories

    All
    Michigans Stand Your Ground Law

    RSS Feed

LEGAL INFO