right of self defense

Discussion in 'The Constitutional & RKBA Forum' started by sewerman, Apr 2, 2009.

  1. sewerman

    sewerman New Member

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    nice little intro and forum letter folks can copy and paste to their political represetatives in support of this bill.
    nice little article on the bill and form letter folks can copt and paste to send to their polticial representatives.

    us gun totin folks need to speak up more then ever

    sewerman

    Search for "Citizens' Self-Defense Act of 2001" at http://thomas.loc.gov/home/thomas.html.


    107th CONGRESS


    1st Session


    H. R. 31


    To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.


    IN THE HOUSE OF REPRESENTATIVES


    January 3, 2001


    Mr. BARTLETT of Maryland (for himself, Mr. STEARNS, Mr. BRADY of Texas, Mr. HALL of Texas, Mr. SCHAFFER, Mr. HILLEARY, Mr. CALLAHAN, Mr. HAYWORTH, Mrs. EMERSON, Mr. NETHERCUTT, Mr. BARCIA, Mr. STUMP, and Mr. SIMPSON) introduced the following bill; which was referred to the Committee on the Judiciary








    A BILL


    To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.


    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,


    SECTION 1. SHORT TITLE.


    This Act may be cited as the `Citizens' Self-Defense Act of 2001'.


    SEC. 2. FINDINGS.


    The Congress finds the following:


    (1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following:


    (A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: `[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.'.


    (B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities.


    (C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour.


    (D) Currently, there are about 150,000 police officers on duty at any one time.


    (2) Citizens frequently must use firearms to defend themselves, as evidenced by the following:


    (A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives.


    (B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse.


    (C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker.


    (3) Law-abiding citizens, seeking only to provide for their families' defense, are routinely prosecuted for brandishing or using a firearm in self- defense. For example:


    (A) In 1986, Don Bennett of Oak Park, Illinois, was shot at by 2 men who had just stolen $1,200 in cash and jewelry from his suburban Chicago service station. The police arrested Bennett for violating Oak Park's handgun ban. The police never caught the actual criminals.


    (B) Ronald Biggs, a resident of Goldsboro, North Carolina, was arrested for shooting an intruder in 1990. Four men broke into Biggs' residence one night, ransacked the home and then assaulted him with a baseball bat. When Biggs attempted to escape through the back door, the group chased him and Biggs turned and shot one of the assailants in the stomach. Biggs was arrested and charged with assault with a deadly weapon--a felony. His assailants were charged with misdemeanors.


    (C) Don Campbell of Port Huron, Michigan, was arrested, jailed, and criminally charged after he shot a criminal assailant in 1991. The thief had broken into Campbell's store and attacked him. The prosecutor plea-bargained with the assailant and planned to use him to testify against Campbell for felonious use of a firearm. Only after intense community pressure did the prosecutor finally drop the charges.


    (4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them.


    SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.


    (a) REAFFIRMATION OF RIGHT- A person not prohibited from receiving a firearm by Section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms--


    (1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury;


    (2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and


    (3) in defense of the person's home in the course of the commission of a felony by another person.


    (b) FIREARM DEFINED- As used in subsection (a), the term `firearm' means--


    (1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code);


    (2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or


    (3) a handgun (as defined in section 10 of Public Law 99-408).


    (c) ENFORCEMENT OF RIGHT-


    (1) IN GENERAL- A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.


    (2) AUTHORITY TO AWARD A REASONABLE ATTORNEY'S FEE- In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs.


    (3) STATUTE OF LIMITATIONS- An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.


    END





    Letter to Send Calling for Support of these Bills


    You can use our Legislative Action Center to send this letter to your Representatives, and here is one possible letter you can send:


    Dear Representative,


    I am writing to you to express my full support of and appreciation for two bills before you this session:


    The Firearms Heritage Protection Act of 2001


    and


    The Citizens' Self Defense Act of 2001.


    Please vote for each of these bills when they come your way. Us lawful, peaceable people who choose to protect ourselves against the criminal element in our society appreciate your support of these two measures.


    Thank you.
    __________________
     
  2. Mr. Nameless

    Mr. Nameless New Member

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    Regardless of what happens, I will always have some kind of weapon for self defense. be it a gun or a plastic bag.
     

  3. WomenofCaliber

    WomenofCaliber New Member

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    haha I love this line! A gun or a plastic bag. That just made my day a little brighter! :D Thank you for that!
     
  4. GunHugger

    GunHugger Well-Known Member

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    I will have a gun...or I will be dead.
     
  5. 1shot1k

    1shot1k Former Guest

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    Thanx I guess for a headup note. But I dont know what in the heck hope anyone would have with this current bunch of idiots REp and Dem either.

    We are represented by whoring profiteers , cementing their place in DC. And what use or hope is there of rallying to PASS bills dated 2001....when they should have already been passed. If 911 and subsequent terrorists activities did not see to this...how could anyone hope they would pass now.

    I thank God the Texas penal code is PERFECTLY clear when you can smoke some monkey...and for any who hasnt read it....you should..as I consider it also very wide brush painted in favor of the defender....thank God...and of course..if the sun is down (dark)..well...your PAID for if you mess with someone who is carrying...

    I would like to get fired up and lose my bowels like some here when every and any scheme/conspiracy/skyisfalling/deathcamps....etc comes out........but I have to be cautious...as I am not part of the right "clicke" or whatever is needed to be treated fair on this forum. I have been censored for posting nothing different than others...prove is useless...as I agreed as all others when joining that this is private property..and as with Obamma...fairness is not a guarantee.

    I will comment when I can....and personally do not feel I will be dragged to a "Fema Death Camp" soon,,,and certainly not without an empty magazine.

    My honest happines to all of you here that may still share/post a laugh or topical subject....to be honest, with what all is goin on in this country right now with special groups.....and their own agenda....it does me no good to come here for solace and info and friendship...and still be on the outside, lookin in
     
  6. alhefner

    alhefner New Member

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    1shot1k - don't get too discouraged. All forums need some moderation and it isn't always so easy to determine what should stay and what is best to remove.

    I find that if I say something that gets removed I simply need to "re-word" my post and essentially get the same thing across.

    Kind of like going to the "wilderness society" web sites and ask them why they hate people who are unable to hike 5 or 10 miles. Gets removed every single time.
     
  7. 1shot1k

    1shot1k Former Guest

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    10-4 thanks alhefner...true...

    take care ...

    regards,

    1shot