Push on for stronger self-defense law in WA

Washington State armed citizens are being lobbied to push for adoption of a proposed statute that will strengthen the Evergreen State’s lethal force self-defense law, a measure that was introduced in January and now waits for more co-sponsors.

Leading the charge is veteran firearms instructor Marty Hayes, founder of the Firearms Academy of Seattle. His primary concern is a 2005 Supreme Court ruling in State v. Brightman, a case involving a man who, during the course of a fistfight over $20, pulled a gun and struck his opponent only to have the pistol discharge, fatally wounding Dexter Villa near Titlow Beach in Tacoma.

Hayes suggests that the state high court ruling could make it more difficult for citizens to defend themselves, especially in their homes, from burglars if the homeowner cannot articulate that he or she was in genuine fear of grave bodily harm or death. He’s got company in the handful of lawmakers who so far have signed on to sponsor Senate Bill 5418, which was re-introduced in November when the legislature re-convened for a special session. Hayes discusses the legislation here.

The bill would amend this state’s self-defense statute, adding language that would make it a true “Castle Doctrine” law (as opposed to “Stand-Your-Ground” statutes in other states that are erroneously called “Castle Doctrine” laws in the press).

Washington’s Supreme Court has already held, in State v. Reynaldo Redmond, that “The law is well settled that there is no duty to retreat when a person is assaulted in a place where he or she has a right to be.” Thus, the Evergreen State is already a “stand-your-ground” jurisdiction, but does not have an actual “stand your ground” statute. This is discussed in my handy book Washington State Gun Rights and Responsibilities, sold at gun shops and at the Puyallup gun show.

SB 5418 makes it clear that the act of unlawfully entering someone’s home, place of business or even a vehicle automatically poses a genuine threat that can be met with deadly force. The proposed new language states:

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another person when using deadly force pursuant to RCW 9A.16.050(1)(c) if:

(a) The person against whom the deadly force was used was in the process of unlawfully and forcefully entering or had unlawfully and forcibly entered a dwelling, residence, other place of abode, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from a dwelling, residence, other place of abode, or occupied vehicle; and

b) The person who uses deadly force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

Self-defense opponents will no doubt dub this a “shoot-a-burglar” law or, as was popularized by a battle over similar legislation in Colorado some years ago, the “Make My Day” law, a reference to a line of dialogue in an old Clint Eastwood film. It’s an attempt to demonize armed citizens defending their homes and families as trigger-happy loons who are the real criminals. It’s tantamount to blaming a rape victim for being attacked.

Fresh in the minds of many Washington residents is the infamous “Craig’s List” murder of James Sanders at his Edgewood home over a diamond ring offered for sale on Craig’s List. The three men and a woman who participated in that home invasion robbery have all been convicted. Because of that high-profile case, passing this new measure to strengthen self-defense in Washington might be possible when the Legislature re-convenes in Olympia next month.

If this proposal does gain momentum, it could become a campaign issue in 2012, a year in which it is already anticipated that the political environment will be volatile because of the economy. A vote against this measure might be perceived as being anti-gun and anti-self-defense. Democrats in particular do not need any more heat from the electorate, since it is widely believed that they are responsible for the lousy overall economy, the Boeing airplane contracts notwithstanding.

Here’s what the proposed law makes clear:

1) A person who uses force as permitted in RCW 9A.16.020 or 9A.16.050, is justified in using such force and is immune from criminal prosecution for the use of such force and from civil liability for injuries or death resulting from the use of such force, unless the person against whom force was used was a general or limited authority Washington peace officer, as defined in RCW 10.93.020, who was acting in the performance of his or her official duties and the officer identifies himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.  

(3) The court shall award reasonable attorneys' fees, court costs, compensation for loss of income, and all expenses incurred by the defendant of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section.

The change would not make it an “open season” on burglars or carjackers, but it just might convince some would-be criminals to find other occupations, or to leave the state for a friendlier environment. Either way, theoretically at least, armed citizens win.

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