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4/11/2012 
A BILL ONLY VIGILANTES COULD LOVE  
"Stand Your Ground" has no place in New York The last thing New York State needs — after making so much progress in reducing violence — is more of its citizens shooting at each other. But that’s exactly what we’d get if a “Stand Your Ground” bill kicking around Albany ever becomes law. The legislation mimics an ill-conceived Florida statute, passed in 2005, that makes it much easier for people to claim self-defense when they kill someone in a confrontation. The law became infamous when the Sanford, Fla., police cited it as the reason they didn’t arrest George Zimmerman for shooting Trayvon Martin. Which is why Zimmerman remains free to this day — despite killing an unarmed teenager who was walking home from a convenience store armed with nothing but iced tea and Skittles. At least 20 other states have passed similar legislation, even as the number of crimes classified as “justified homicides” tripled in the Sunshine State. It has become clear that a better name for the law would be “Shoot First, Ask Questions Later.” But Albany should not even think of making the same mistake here. New Yorkers should stand their ground against Stand Your Ground. To be fair, Buffalo-area state Sen. George Maziarz and three co-sponsors put in their bill long before Trayvon tragically became a household name. But when 23 Democratic senators called for the bill to be withdrawn in the aftermath of the tragedy, Maziarz — yes — stood his ground. Which is too bad. Because in politics, as in physical standoffs, backing down is often the best course for all concerned. Not that Maziarz was particularly eager to defend his bill on the merits. To the contrary, he passed up my request for an interview Monday. Instead, his office sent me a statement that misleadingly claimed his bill is all about self-defense : “I believe in Second Amendment rights and the right of an individual to protect him or herself. But I do not support vigilantes who aggressively take the law into their own hands when not necessary.” Unfortunately, that’s not how his bill would actually work. First of all, New Yorkers already have a legal right to kill if doing so is necessary to defend themselves and others. They also have a broad right to use deadly force against intruders in their own house or apartment. But when it comes to public places, they also have a so-called “duty to retreat” — to try to run away from an attacker, if possible, before trying to kill him. Maziarz’s bill starts by rolling back the “duty to retreat.” Instead, if someone “reasonably believes” they’re about to be killed or beaten to a pulp, they don’t have to back down. They’re free to blow their attacker away. Reasonable citizens can disagree about the rights and wrongs of this. I come down on the side of discretion being the better part of valor. But Maziarz’s bill doesn’t stop there. It further authorizes deadly force if a person “reasonably believes” it’s necessary to stop someone from attacking others. Or from kidnapping or raping them. Or robbing them. Or — and this is where it gets crazy — from committing burglary. So, if an armed citizen spots someone suspiciously climbing through the window of a house — not just his own house, but any house — he doesn’t have to bother calling 911. He can unholster his weapon and take the law into his own hands. That, ladies and gentlemen, is the definition of vigilante justice. And it’s a recipe for disaster. “You’re going to make the determination whether to shoot or not shoot — which is not something the public should be doing,” says Brian Malte of the Brady Campaign to Prevent Gun Violence. “Law enforcement officials should be making that determination.” He’s right. What if that “burglar” was a homeowner who lost his keys? What if qualified law enforcement personnel could have arrested him without firing a shot? Even highly trained police officers make tragic mistakes on a regular basis. Licensing every New Yorker to play cop would spawn an army of George Zimmermans — and a legion of Trayvon Martins. Thankfully, New York’s Legislature is more resistant to NRA pressure than its counterparts in Florida and too many other states. Thankfully, New York does not have the lax gun laws that made it all too easy for Zimmerman to carry a concealed weapon despite a history of run-ins with the law. And, thankfully, Maziarzs legislation shows no sign of going anywhere in Albany. Let’s keep it that way.
 

 


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A BILL ONLY VIGILANTES COULD LOVE