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ALEC, The NRA and "Stand Your Ground Laws"
By mickielynn on 2013-02-27 17:14:25
[caption id="attachment_4170" align="aligncenter" width="600" caption="Who is responsible for "Stand Your Ground"
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1995 - 2012 "Stand Your Ground Law
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WROTE LOBBIED PASSED PAID
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SOURCE: http://bit.ly/trayvonkilledbylegislation
laws in the US?"] [/caption]
Yesterday, February 26, 2013 marked the first anniversary of the shooting death of unarmed 17 year old Trayvon Martin on
the way from the store to his father, Tracy Martin's home in a gated community in Stanford, Florida. This anniversary is a
good time to review the status of the Florida "stand your ground" law first passed using an ALEC [American Legislative
Exchange Council] legislative template in 2005. Because of this law that allows a person to shoot another person in "se/f-
defense" without having to retreat from the situation anywhere inside the home or outside in the community the Sanford
police initially refused to arrest 28 year old George Zimmerman -- a self-appointed neighborhood watch volunteer. He was
eventually charged with second degree murder after a national wave of protests and the opening of a Department of Justice
investigation. Zimmerman's trial will take place in June of 2013 unless he is able to use one of the provisions of this law
[also sometimes called the "license to kill law"] to have the charges dismissed during a "pre-trial immunity hearing" that is
also part of this law. At this hearing [scheduled for April 22nd] if he can convince the judge that he acted in self defense
then he will be given immunity and never have to face a jury. That self-defense ruling will also prevent Trayvon Martin's
family from ever bringing a civil suit. Why am I writing about the stand your ground law during this national time of
consideration of legislation to decrease and prevent gun violence? Well, first there is the tragedy that was taken to the nation
as more than just I of the 30 gun deaths that take place every day in the US, by Trayvon's very brave and determined
parents, Sybrina Fulton and, Tracy Martin, with the support of many civil rights groups, and family and community
members. Then there is the fact that with the boiler plate law introduced by ALEC in State legislatures and the push by the
NRA to pass "stand your ground" laws in all 50 states there were variations of such laws in 25 other states by the time
Trayvon was shot and killed. After the killing the attempts by the NRA to pass such laws in Minnesota and Alaska failed.
Unfortunately, the other laws all remain on the books although they vary in some ways. Within an excellent article that
details the history and variety of self defense laws and which states have them, here's what PR Watch had to say about the
problem with such laws which are also nicknamed the "shoot first" and "make my day"laws:
(cage * Ponders
Florida's 2005 Stand Your Ground law changed criminal justice and civil law codes by giving legal immunity to
a person who, according to the statute, uses "deadly force if he or she reasonably believes it is necessary to do
so to prevent death or great bodily harm." It goes beyond the common law notion of self defense by establishing
a presumption in a shooter's favor. This means prosecutors must disprove a killer's assertion that they felt
threatened, as opposed to the shooter having to establish they acted reasonably and in self defense. It also bars
the deceased's family from bringing a civil suit.
[caption id="attachment_4172" align="aligncenter" width="590" caption="Stand your ground cartoon by Adam Zyglis, The
1
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‘STAND YOUR GROUND’ LAW
Buffalo News"] [/caption] Two
positive things have come out of this otherwise senseless tragedy. The first is the suggestion that an amendment is needed to
such laws that were originally meant to protect victims of domestic violence within their own homes where they couldn't
retreat and be safe. The change that Trayvon Martin's parents are suggesting is called "The Trayvon Martin Amendment" It
would add this clarifying provision for states that already have NRA/ALEC Stand Your Ground laws:
" A person who starts a fight cannot then claim self-defense under the law."
A second very important positive development in the year since the killing was the exposure of the undemocratic process
that ALEC was using to flood state legislatures with right wing laws that were written in consultation with corporations who
financed ALEC and lawmakers who wanted to pass such laws. These laws were then pushed through state legislatures
without the participation or input of the people of the states. By looking at how that process created a law that the gun
manufacturers wanted a spotlight was shone on other laws such as anti-union laws, and school voucher laws, deregulation
of economic and environmental laws, voter ID laws, and others for which large corporations paid and ALEC wrote the
"model" laws.
Since the undue and undemocratic influence of large corporations through ALEC was revealed -- over 40 of the more
responsible corporations, foundations and, non-profits have divested their funding from ALEC over the past year, along
with the departure of 55 state legislators. Some of those who have left include General Motors, General Electric,
Amazon.com, McDonald’s, Coca-Cola, Hewlett-Packard, John Deere, Pepsi-Cola, Kentucky Fried Chicken, Taco Bell and
other Yum! franchises, Kraft Foods. The Gates Foundation has also left ALEC along with 3 other foundations.
In many ways the "stand your ground" laws illuminate some of the issues that also make up the conversation about what
keeps us safe, what threatens our democracy through the injection of corporate interests and corporate lobbying and what
rights do we have to maintain the safety and security of each and every person in our society.
[caption id="attachment_4177" align=
aligncenter" width="363" caption="How does Stand Your Ground interact with the
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conversation about gun violence?" ==—I [/caption]
