Bismarck Tribune - North Dakota News - 'Shoot the burglar' bill passes quietly

'Shoot the burglar' bill passes quietly

Apr 11, 2007 - 04:07:29 CDT

By DALE WETZEL
Associated Press Writer

Legislation to clarify when North Dakotans may shoot intruders without fear of prosecution or lawsuits was quietly approved in the state House, two months after it prompted an uproar about self-defense rights.

The measure says North Dakotans are obliged to try to avoid an armed confrontation if they can do so safely. However, it says the "duty to retreat" does not apply if a person is responding to an intruder in his or her home, workplace or travel trailer.

If an intruder is breaking in, shooting him is considered justified in most circumstances, unless the intruder is a police officer or someone who had a right to be in the dwelling, the legislation says. Police still may challenge whether the shooting was legal if they believe the shooter's fears of harm were unreasonable.

A person who shoots a burglar also is shielded from a civil lawsuit by the burglar or his family, who otherwise may be able to collect money damages for excessive use of force.

Representatives voted 80-13 on Thursday to endorse the bill, accepting a package of changes the Senate made last month. Prosecutors and law enforcement officers had strongly opposed the legislation but the Senate amendments quieted that opposition, said Rep. Duane DeKrey, R-Pettibone.

The bill now goes to Gov. John Hoeven for his review.

When it was first introduced, the legislation was more expansive.

It abolished the "duty to retreat" provision that was already in state law. It said there was no obligation to avoid an armed confrontation "in a place where that individual has a right to be," if the person feared being the victim of a violent felony.

Representatives still approved the bill then, but the Feb. 12 margin was much closer (50-44) and the debate much longer and louder. Critics of the legislation said it encouraged an armed response to trouble, whether or not it was warranted.

Rep. Kenton Onstad, D-Parshall, said then the legislation encouraged an attitude of "shoot first and ask questions later."

DeKrey on Tuesday credited the Senate's changes for the increase in House support for the bill. He was the only legislator to speak about it before the House's vote.

"The Senate ... clarified under exactly what conditions you did not have the duty to retreat," DeKrey said.

The bill is HB1319.

News > State

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Comments

MARINE wrote on Aug 11, 2007 12:02 PM:

" Yes I agree you have the right to protect yourself. But when a young Marine would ask me how do you remember the rules of war, I would say you only have to remember three things "God, Country, and Mom's apple pie." if you remember those three things, then you are justified in the hammer coming down. "

God fearing and Gun bearing wrote on Apr 11, 2007 8:51 PM:

" This is a law that makes common sense. If your breaking into someones house or such, now you will think twice about it because now the home owner doesn't have to be afraid to shot you. I mean come on why should a crimial's family be able to sue someone because their family member was committing a crime. But then again I think if you are convicted of a crime and in jail for it the you fore fit your rights. Jail is a punishment not a vaction. Who cares if the NRA was behind it? Atleast someone is looking out for our rights as American citizians. "

To nodakman wrote on Apr 11, 2007 8:40 PM:

" So when someone breaks into your home you are going to do what? Please respond I am sure some of us would like to know. Hiding under your bed or hiding behind your wife will not count. "

zombie hunter wrote on Apr 11, 2007 6:53 PM:

" First of all. YAY! What most of you dont relize. If some one breaks into a house they will do it agin until they get caught. If some one was hoem or awake during an intrusion they generaly get hurt, killed, or raped. Granted it doesnt happen often but it does. The man breaking into your home has no respect for societys rules they think they can do what ever. These are the same asshats who mug people, do drugs, steal from your cars and other such things. 905 of the time these people are just dirt. Sure you have the few who are kids or just desperate. But if some one breaks into my house they will get 2 warnings. The sound of the gun. Me tellign them to leave. If thats not enough im going to shoot them. I have a family to protect and my property. No one is going to ruin that. And why is every oen so worryed? Your all not going ot be breaking in houses are you? "

PO3 wrote on Apr 11, 2007 6:30 PM:

" Now liberal democrats can reason and talk to an intruder, and the conservatives like myself can shoot them. "

North Dakota Citizen wrote on Apr 11, 2007 6:26 PM:

" I think some of the comments now appearing regarding this article exemplify why serious concerns surrounded this legislation from the onset. Acting offensively is not necessarily the best course action, even when a home intruder is involved or in response to a direct threat. I was once held at gunpoint. The person who did it to me is lucky to be alive. Should I have killed him on the spot? Some might assume yes. I am glad however I did not assume the role of judge, jury and executioner and kill the SOB. There seem to be a lot of wanna-be, itchin'-for-a-fight and moment of macho glory, "I'm gonna protect my wife", "Ain't gonna retreat out the back door", "Ain't gonna let no one take nothing from me", ("Ain't gonna..." you fill in the blank), armchair, vigilantes online. I especially liked American Right's comment "There is never any excuse to be in someone else's home without permission, and if you are you deserve to be shot..." I recognize these comments for what they are "big talk, small thoughts". However, you're not impressing this North Dakotan. "

nodakman wrote on Apr 11, 2007 5:42 PM:

" This law is all about the NRA, they pushed its adoption in many states including North Dakota. It is interesting that so many law Enforcement people and prosecutors were agains't it. I sure hope the Govenor doesn't bow to the politically easy decision and sign it. He should veto this piece of junk on the last day. "

To "how the west was won" wrote on Apr 11, 2007 3:43 PM:

" What an ignorant statement! "

Movin' on wrote on Apr 11, 2007 3:00 PM:

" I am from out of town and haven't seen or heard much about the question responded to by HB 1319. Was there statistics published regarding the depth of the problem, e.g., how prevalent is the problem, how many intruders are shot annually in ND, how many family members in a home are harmed by an intruder, etc.? Any verifiable information would be appreciated. "

The whiners lose wrote on Apr 11, 2007 2:29 PM:

" So, this is just a case of an entire legislature bowing down to the NRA? I think not! This law makes sense. It protects would-be victims from prosecution for protecting themselves. A gun in the hand trumps a cop on the phone. "

How The West Was Won! wrote on Apr 11, 2007 1:36 PM:

" YEEE HAWWW! This will open up the charm of "wild west" here in North Dakota. This is a great law signed by our distinguished, forward thinking, Legislators. "

To NRA wins wrote on Apr 11, 2007 1:08 PM:

" WOW!!! It is not a real issue if someone is breaking into your home to rob you or possibly cause you and your family harm? Someone breaks into my home I will be playing a tune alright it will be coming out of my 1911 45ACP. and yes I will do the dance. Make sure you have a safe hiding place, sounds like you need one. "

To The NRA wins wrote on Apr 11, 2007 12:14 PM:

" This has nothing to do with the NRA. As a constitutional right we have the right to keep and bear arms, and to protect ourselves. Likely it would be from someone like you....... "

American's Rights wrote on Apr 11, 2007 9:50 AM:

" I don't think this bill was a waste of time and would vote in favor. There is never any excuse to be in someone else's home without permission, and if you are you deserve to be shot, especially in the middle of the night. If someone enters my home in the middle of the night without my permission I would shot them with or without this bill. My wife and children's safety within my own home mean more to me than some intruder. For those that disagree with me, you would sit there while some person ran around your house probably robbing you, and harassing your family, you'd have nightmares about that experience for life. The only comfort I can see for my family is that I would be willing to stand and fight for what is mine. Now I am talking about inside the home only, in public or outside I feel you should retreat first, but inside your own home, I say shoot first ask questions later. If you worried about a police officier, I'm pretty sure that an officer would verbally announce their presence prior to entering and also while inside the home. I say good for ND. "

gunowner wrote on Apr 11, 2007 9:47 AM:

" I know what goes on in my house and the doors and windows are always locked. Police officers don't have a reason to enter my house, and if a "drunk" does it mistakenly, it is going to take a fantastic effort. Because of this, I agree with this whole deal. I have a wife and kids in the home and if someone "breaks in" at night it's not an accident. Family first, I don't care what the circumstances are. "

to NRA wins wrote on Apr 11, 2007 9:18 AM:

" If it was up to people like you. We would still be a British Colony. What will it take to wake you up. I know this sounds bad and do not want it to happen. But, I hope you have some one come into your home and see what your talking to him will do. If a person can not protect himself. The crooks will just come and walk in and take wha they want. Look at the places were guns have been taken away. The crime rate has doubled and even tripled in so of the places. We as Americans have the right to own and use guns. I hope you and your kind can learn to live with that. "

To The NRA wins wrote on Apr 11, 2007 9:15 AM:

" Come on. You must be kidding. Nothing has changed in this law except you do not have to run out the back door when someone just broke in your front door. "

PO3 wrote on Apr 11, 2007 8:16 AM:

" About time a law was passed that protects home owners against people who would come into your home to do you and your family harm. In todays world of San Francisco values and rampant drug use this is a law for law biding citizens. "

BabyT wrote on Apr 11, 2007 7:58 AM:

" Just remember, if they die on your front lawn, drag them back inside! "

The NRA wins wrote on Apr 11, 2007 6:51 AM:

" These legislators have time to deal with this nonsense, but cannot get anything done about real issues that affect people like health care and the minimum wage. The NRA plays the tune, and they dance. "

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