Cleared of criminal charge = No civil suit allowed

What should be on the 2007 agenda for CHL's?

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CaptDave
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Cleared of criminal charge = No civil suit allowed

Postby CaptDave » Thu Dec 01, 2005 1:24 am

How about this one for Texas in 2007

Florida has passed a law which states that a person cleared of criminal charges in a self defense shooting can not be sued or held liable in a civil suit for the same incident brought by surviving b.g. or family of the deceased b.g. who was shot.

So, if they find you "not guilty" in criminal court, you can't be sued for damages in civil court.

Sounds good to me.
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anygunanywhere
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Postby anygunanywhere » Thu Dec 01, 2005 2:07 am

++1
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Postby mschadt » Thu Dec 01, 2005 6:12 am

+∞

Why not make it: If you knowingly commit a violent crime or felony you lose any rights to civil court in the matter.

Crime should never pay. :evil:

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HighVelocity
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Postby HighVelocity » Thu Dec 01, 2005 6:42 am

What if you're never charged? If you get no-billed by the grand jury can you then be sued in civil court?

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Postby stevie_d_64 » Thu Dec 01, 2005 11:53 am

I'm with you fellers...
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tomneal
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Texas already has a law like this

Postby tomneal » Thu Dec 01, 2005 12:25 pm

Passed in 2001 (I think)

If you use a firearm to stop a bad guy commiting a felony and he is convicted then he cannot sue you.

The only problem occurs when the bad guy dies and his estate sues you.

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CaptDave
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Postby CaptDave » Thu Dec 01, 2005 12:33 pm

HighVelocity wrote:What if you're never charged? If you get no-billed by the grand jury can you then be sued in civil court?



This is the best I can do for now, from NRA-ILA:

BACKGROUND:

HB-249/SB-436 corrects a serious problem for citizens who chose to protect themselves in the face of attack by violent criminals.

This bill REMOVES the "duty to retreat" in the face of attack; it creates the presumption that an attacker or intruder intends to do great bodily harm and therefore force, including deadly force, may be used to protect yourself, your family and others in the face of attack; it prohibits prosecution for defending that which you have a right to defend and prohibits civil lawsuits by criminals or relatives of criminals when criminals are injured or killed while attacking law-abiding people.

(bold italics from Capt Dave)
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CaptDave
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Postby CaptDave » Thu Dec 01, 2005 12:36 pm

Actually, signed into law in April of 2005

Found a little more info:


Tuesday, April 26, 2005
Gov. Bush Signs Florida’s New “Castle Doctrine� Self-Defense Law


Fairfax, VA – Today, in a ceremony at the state capitol, Gov. Jeb Bush signed Florida’s “Castle Doctrine� (SB-436) into law. Sponsored by Senator Durell Peaden and Representative Dennis Baxley, the bill unanimously passed the Senate and overwhelmingly passed in the House, 94-20.

Prior to signing the National Rifle Association (NRA) supported bill, Gov. Jeb Bush stated, "It`s a good, commonsense, anti-crime issue."

The "Castle Doctrine" simply says that if a criminal breaks into your home, your occupied vehicle or your place of business, you may presume he is there to do bodily harm and you may use any force against him.

It also removes the “duty to retreat� if you are attacked in any place you have a right to be.

Furthermore, this law provides protection from criminal prosecution and civil litigation for those who defend themselves from criminal attack...." etc, etc....

(once again, bold italics mine)

For full article see: http://www.nraila.org/News/Read/Releases.aspx?ID=5685
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Postby the real deal » Mon Dec 19, 2005 7:49 pm

++++++++

We need some of Gov Bush's bills over here!


The Last Boyscout
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I Agree, Texas needs this.

Postby The Last Boyscout » Mon Dec 19, 2005 11:16 pm

Oklahoma, and Florida have it. How bout it Gov. Perry.


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Postby Warhorse545 » Fri Dec 23, 2005 9:03 am

I agree that it would be a nice law to have. Lord knows that anyone that had to defend themselves will be stressed enough as it is. And then they find out they are going to get sued after it is over must be a total stress out.


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RPBrown
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Postby RPBrown » Fri Dec 23, 2005 1:50 pm

+1. How about it Gov. Perry.
I am sending a letter to my state Rep. to see if he will sponser the bill
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Postby ShootNMove » Mon Mar 20, 2006 8:16 pm

+1 bazillion

This is a must for Texas.
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dws1117
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Postby dws1117 » Mon Mar 20, 2006 11:52 pm

+1 what everyone's already said.


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Postby AG-EE » Fri May 19, 2006 5:53 pm

+1. Time to write the rep.


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