The Alaska State House of Representatives passed Rep. Mark Neuman’s self-defense bill late Saturday afternoon, giving law-abiding Alaskans the right to stand their ground while protecting themselves and their family in a public place instead of having the duty to retreat.
“I think it will make Alaskans more confident in the law,” Neuman, R-Big Lake, said when asked if the bill would make Alaskans feel safer, or, on another point, more bold. “Knowing that the rights that they have within their home are carried with them anywhere they have the right to be, as far as their rights to defend themselves.”
The state of Alaska already recognizes the right to use deadly force in self-defense. It also states there is a duty to retreat. If a person knows they can do so safely they are required to retreat.
“Well, you know, hindsight is pretty good,” Neuman said. “Who knows if you have the ability to retreat safely or not? The person who is in that incident at that time is the only person who can make that decision, not a judge or a jury.”
Neuman stated the bill places the duty to retreat on the criminal or person who means to do harm and has left the justification for the use of deadly force unchanged.
“I don’t think the bill can be abused in any way,” Neuman said. “Claims that it will make more crimes out there are unfounded. I think the crooks know the law and if they know that Alaskans have the right to defend themselves I think there is a good chance there will be less crime.”
Neuman stated in a press release of working with the state’s Department of Law and fellow legislators to respond to concerns of increased violence or more criminal prosecutions, “A person is only legally allowed to use deadly force when that person reasonably believes the use of deadly force is necessary. It’s not a blank check to pull the trigger.”
HB 80 says a person in a public place, not trespassing, does not have to retreat first and hope the assailant doesn’t follow.
Neuman said the default shouldn’t be to flee if you have a right to be somewhere.
“If you’re in a life-threatening situation you shouldn’t have to worry about the legal consequences of protecting yourself,” Neuman said. “In those moments every second is precious.”
Neuman stated he is extremely grateful for the hundreds of emails he received in support of the bill. He likened the number to the amount received for House Bill 110, an oil tax cut aimed at more oil production and investment, which shows, Neuman said, “This is how much interest Alaskans have in it. That’s a good indicator for people who are aware of the Legislature and what goes on and their desire to be able to protect themselves. That number of contacts is quite a statement from the public.”
Continued Neuman, “If you are breaking the law you are breaking the law. We are not doing anything in justification. If you are acting illegally you are acting illegally. Justification clauses aren’t changed at all and that is the bottom line in all of this.”
HB 80 passed by a vote of 33 to 6 and now moves to the Alaska Senate for consideration.
• Contact reporter Klas Stolpe at 523-2263 or at klas.stolpe@juneauempire.com.
Comments (4)
Add commentA very reasonable bill. It
A very reasonable bill. It illustrates a right that the people of Alaska deserve to have. Criminals need all the incentive that can be had to deter them from intent to harm others. I cannot imagine any senator voting to deny this right to their constituents! To do so would show distain for the electorate!
Gunfights at the AK Corral
This bill sounds like an invitation to concealed weapons carriers to engage in gunfights in public places, thus endangering everybody. It is great news for gang bangers, though, as they will now have the right to stage gunfights in public without fear of prosecution. One will have to prove that they're not all defending themselves in order to legally put an end to their downtown gang wars!
Consequences stil remain
Things sometime intending to provide someone protection from prosecution don't always work out that way. Its not simply passing a law that will insure the desired results. Deadly force is going to require a lot more proof than simply claiming the law said I could defend myself in a public place. I believe this law is going to end up causing more people problems than existing law.
I've never taken a self defense course where the emphasis was not on using your weapon under extremely necessary conditions. Too many are going to hear about this law and believe it allows them to not hesitate before taking action. Soon after they'll be finding them self proving deadly force was necessary as no law is going to give the instant approval in every circumstance.
Not to mention what happens
Not to mention what happens when someone reports a gunman, someone else shoots at the gunman, someone else thinks the person defending himself is the gunman and shoots at him, and the police show up and only see two (or more) people shooting at each other.
Given the rarity of situations where your life is in danger in a public place, and the easily accessible nature of non-deadly weapons that have been proven more effective (like pepper spray), I think this bill is just meant to make gun nuts and paranoids feel like their obsession is justified.