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Stand against a law we don’t need
The Gazette Opinion Staff
Mar. 30, 2012 12:34 am
By The Gazette Editorial Board
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Within the last decade, nearly two dozen states have adopted so-called “stand your ground” laws that allow citizens to use deadly force in a public setting if they reasonably believe their life is in danger.
In Iowa, a legislator's attempt to pass a similar law this session passed the House but stalled in the Senate. The bill's sponsor, Rep. Matt Windschitl, R-Missouri Valley, has vowed to try again.
That would be a mistake - we see no compelling evidence that passing such a law would make Iowans safer. In fact, “stand your ground” laws could have the unintended effect of escalating street violence - not the other way around.
Iowa law enforcement officials oppose “stand your ground” becoming part of this state's legal landscape. If highly trained professionals are so united in their opposition to the controversial measure, legislators should heed the message.
The nonpartisan Center for Public Integrity credits the National Rifle Association for the recent proliferation of “stand your ground” laws. Such laws expand traditional self-defense laws by freeing from prosecution or civil liability any private citizen who uses deadly force against another on public property, provided they “reasonably believe” their safety or others' safety is at risk.
Iowans already have the right to defend themselves in their homes or places of business. Linn County Attorney Jerry Vander Sanden has called the proposed expansion a “license to kill.”
Other officials point to last month's Florida shooting death of 17-year-old Trayvon Martin by a Neighborhood Watch volunteer as a cautionary tale showing what might happen if Iowans were allowed to “stand their ground” instead of trying to de-escalate or retreat from the situation.
Because Martin's shooter claimed that Martin assaulted him, Florida police have said they could not legally arrest the man for the boy's death. Some legal experts say his actions were protected under Florida law.
Some of the specifics of the Iowa bill are different, but law enforcement officials here say it would tie their hands in much the same way.
“It would make it almost impossible for us to prosecute wrongdoing,” Linn County Sheriff Brian Gardner recently told a reporter.
Iowa is fortunate to be a relatively safe place to live. Overwhelmingly, our streets are safe. We see no reason for Iowa to disturb that peace by adopting such a controversial, overreaching law.
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