Yep. I decided to browse the bills put forward in the 111th Congress, and low and behold there it was. The Citizens' Self-Defense Act of 2009, put forward by Congressman Roscoe Bartlett. He's naturally a Republican. I wanted to see where it was in congress right now, so I called that up. Bill Summary: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. I guess they are afraid that if normal citizens get the chance to own a firearm, we might become terrorists. Let me explain the bill to you. This will make your head explode.
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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.
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Well, that sounds to me like an intelligent argument to me, doesn't it to you? He has his facts in order. He didn't make it sound like the fault of the police. He said they are not legally liable to protect individuals, but the public at large.
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(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.
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Hmm, let's see, if the Department of Homeland Security is stalling this bill, it must mean that either 1) they don't want us protecting ourselves as honest citizens; 2) they don't want women to protect themselves from sexual abuse; or 3) they're scared to death of a mere 8% of HONEST citizens who kill or wound an attacker. These are clear cut statistics so far. There must be something more ominous further down in this bill to make it be in committee for so long. This was introduced in January, 2009. I suppose that makes it considered a dead bill.
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(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.
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So, criminals are getting better treatment than honest Americans who are the victims. That should be getting the bleeding heart liberals up in arms....they should be playing the victim card all over the place....why aren't they? Is it because they want to villainize the American Average Joe? They want Americans deemed to be gun-toting villains? We're all out to kill every one who steps foot on our property. Those guys weren't robbers...they were just property redistributionists.
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(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.
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That's self-explanatory.
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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.
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Just so the Homeland Security doesn't think we want to skirt the process of determining who can have a gun. He isn't saying give a gun to every nut job. He wants HONEST Americans to have a gun, not the nuts. He also affirms when you can use one in defense of property and self or a member of your family...it has to be in the commission of a violent felony or perceived threat of imminent and unlawful infliction of serious bodily injury, or in defense of the person's home in the commission of the felony.
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(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).
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Then for the idiots in Congress, he defines a firearm. It's sad that we have to do this, but some will skirt and get around it I suppose if you don't.
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(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.
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And what we as citizens can do if our rights are violated. I imagine THIS is what is stopping Homeland Security. They want to figure out how to get around this last bit. How do they come in and take away our guns and not get prosecuted when they do it. They are probably trying to figure out how to put in a clause that exempts them.
Lori Ann Smith
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