Gun bill supported by local legislators stalls in House
Published 10:45 pm Saturday, February 4, 2006
A bill that would expand the circumstances in which deadly force may be used for self defense stalled in the state House this week, despite support from local representatives.
Known as the deadly-force, self-defense bill by supporters and the “right-to-commit-murder bill by critics,” the proposed law met majority support on the floor, but was bogged down by filibustering from the House Black Caucus.
While several members of the caucus co-sponsored the bill, they nearly unanimously apposed it when it came up for discussion.
Most pointed to “objectionable” clauses that they say could allow people to commit murder legally.
“It’s a step in the right direction,” said Laura Hall, D-Huntsville, who headed up the caucus opposition.
As a result of the filibuster, the bill was pushed back on the calendar by at least a month.
Both local representatives Neal Morrison, D-Cullman, and Jeremy Oden, R-Vinemont, favored the bill when it came out of committee to start the session.
“Let’s face it. If someone breaks into your home, you’re not going to ask them if they mean you any harm before you protect yourself and your family,” Oden said.
“Personally, I think it’s unfair to let 17 people stop a majority,” Morrison said.
“You shouldn’t have to wait for an armed burglar to walk into your bedroom before you shoot them. By then, it might be too late,” he said in a previous interview.
The House voted 77-17 to bring the bill up for debate. As one of the bill’s co-signers, Oden now says that he does not expect the bill to pass this session.
Morrison admitted that some valid objections were made against the bill, but said, with some tweaking he will still support it.
People could defend a drive-by shooting by saying that the victims were trying to get into their car, he said.
If approved, the proposed law will allow property owners to respond with deadly force if they feel that “an unlawful and forcible entry or unlawful forcible act is occurring or has occurred.”
That includes vehicles and structures of any kind.
Current legislation states that property owners can only use deadly force to defend their person. If there is any way to retreat, deadly force is forbidden.
Hate Crime
In a related matter, Oden said he thought some of the filibustering was also to prevent a hate-crime bill from coming up for discussion.
Local elected officials disagreed on that law.
According to Oden, the bill, which includes sexual preference as a possible motive for a hate crime, could “open the door” for other forms of gay and lesbian legislation.
“All crimes are hate crimes,” he said. “The motivation shouldn’t make a difference in the punishment. This is really an attempt to put ‘sexual orientation’ in the law books, which hasn’t happened here before.”
Oden said if the law passes, the next step could involve benefits and insurance for gay couples.
“I’m against that,” he said.
Morrison also came out against the bill, saying that state laws already existed to protect Alabamians.
The next thing you know, a Baptist striking a Methodist will be a hate crime, Morrison said. There’s no reason to create a new crime, he said.
Sen. Zeb Little, D-Cullman, came out in favor of the hate-crime bill.
“Unfortunately, it’s been proven that those folks (minorities) are targeted based on their status, race or sexual orientation,” he said. “That ought to be against the law.”
It is not known when the bill will come up for discussion.
• David Mackey contributed to this report.