Shoot First Introduced in Wisconsin
Proposed law changes the “use of deadly force” guidelines.
AT ISSUE: Should the use of deadly force in the home get more protection?
Jeri Bonavia, executive director of the Wisconsin Anti-Violence Effort, said the bills are “a solution in search of a problem.”
AT ISSUE: Should the use of deadly force in the home get more protection?
By MARK PITSCH
608-252-6145
mpitsch@madison.com
In a nutshell
Current law allows Wisconsin residents to use deadly force in self defense when the force is reasonable and believed necessary to prevent unlawful interference with him or another person.
AB 193 and SB 129 would require a court to presume that the use of deadly force in a home was warranted if the person against whom force was used was breaking into or already inside that home. The presumption wouldn’t apply if the person who used force was involved in illegal activity or the person entering a home identified himself as a police officer.
The case for it
Sen. Jim Holperin, D-Conover, lead sponsor of SB 129, said prosecutors and judges have too much leeway to interpret whether a person correctly used force in defending him or herself.
The bill is needed to make sure people who are protecting their property don’t face unnecessary criminal charges, he said. And he said it won’t make people more likely to fire a weapon.
“I don’t think a bill like this changes much behavior,” he said. “If somebody forcibly enters my house I’m shooting first and asking questions later, man.”
The case against it
Jeri Bonavia, executive director of the Wisconsin Anti-Violence Effort, said the bills are “a solution in search of a problem.”
If passed, the law would limit the flexibility of the courts to respond to the specific facts of a case, she said. In other states, drug dealers and other “bad guys” have successfully used similar laws to challenge criminal charges, she said.
“In theory, this sounds good. Who wouldn’t want to protect their home?” she said. “But that’s not it. It’s this idea that we can decide legislatively what’s usually decided in court rooms.”
How to get involved
The Assembly Committee on Personal Property is holding a hearing on it chamber’s version of the bill May 28 at 10 a.m. in room 415 NW at the Capitol. Speakers will have three minutes each to address the bill.
The committee may vote on the bill after the hearing.
Those who can’t make it to the hearing can also register their opinions with the Legislature. Call 266-9960 or 1-800-362-9472.