Iowa House set to vote on 'stand your ground' measure

Legislation that says a person can use deadly force to protect themselves or another person as long as they are in an area lawfully, and protects them from civil suits, passed a House panel Tuesday.

Known alternatively as the “stand your ground” and the “castle doctrine extension” bill because of what it encompasses, the measure also extends self-defense protections from a person's home and workplace to the automobile.

The legislation has been criticized by law enforcement organizations which believe, as Iowa Sheriff's and Deputies Association lobbyist Susan Cameron said, “this promotes escalating a situation instead of de-escalating a situation.”

Despite the concerns, lawmakers moved the bill out of committee by a 13-9 vote and it will now move to the House floor for a vote.

“This bill protects allows law-abiding citizens to protect their life and liberty or the life and liberty of another person,” said Rep. Matt Windschitl, R-Missouri Valley, the bill's sponsor.

The bill says a person can use reasonable force, including deadly force, to protect themselves, another person or to prevent the commission of a violent felony, then goes on to define what a violent felony is.

The definition includes burglary, which Rep. Mary Wolfe, D-Clinton, found puzzling. “So I can blow away someone who's in my garage going through a toolbox?” she asked. “Burglary is usually not violent.”

Windschitl said that shooting someone for rifling through a tool box would likely not be considered reasonable and, therefore, not legal according the bill.

The legislation also offers civil immunity to people who have been found justified in using reasonable or deadly force against another person.

Windschitl said this provision was included so “someone doesn't lose the farm” paying for attorneys to defend themselves against a suit brought against them, even though they were criminally justified.

The legislation also gives the presumption of justified force to people who are in their home, workplace or vehicle if they defend themselves from an intruder. This is the “castle doctrine extension” part of the bill because vehicles aren't covered in current law.

Rep. Ako Abdul-Samad, D-Des Moines, said the extension concerned him because someone approaching a vehicle could arguably be justifiably shot down by the occupant of a vehicle.

Windschitl responded that nothing in the law changes the power of police to investigate an incident to determine whether reasonable force was used.

“That's the key,” Windschitl said. “Reasonable people using reasonable force.”

-- Mike Wiser, Gazette Des Moines Bureau