The Castle Doctrine and its detractors

There are a few hot-button topics in American political life: abortion, gays, gay marriage, gays in the military, gay military weddings, etc. One button that has gotten less hot in the last few election cycles has been gun control. Less hot because while once guns were public enemy number 1 for anyone espousing "progressive" political views, it has become such a losing issue for Democrats that they have essentially thrown in the towel. Americans can feel confident that their right to own and bear arms is safe - for now.

One sign of this emerging consensus on gun rights can be seen in the new front in the gun rights movement, which involves where and when citizens can use their guns for self defense. Many states including Minnesota, where I live, have passed Concealed Carry laws which authorizes citizens to obtain permits which allow them to lawfully carry handguns in public. Another movement to expand self defense rights takes the form of "Castle Doctrine" laws, otherwise known by its proponents as "Stand your Ground" laws, and by its detractors as "Shoot First" laws.

Most states have some form of legislation that permits citizens to protect themselves inside their homes with deadly force, if necessary, against intruders if f they feel that their life or safety is threatened. In some states the law is not explicitly documented but is ensconsed in judicial precedent that recognizes traditional rights of self defense under English Common Law.

"Stand your Ground" laws aim to both make such traditional protections explicit and safe from judicial erosion, and also to expand the reach of where such protections are recognized, to include a persons car, workplace and any public place where the person has a legal right to be. It would absolve citizens of the duty to retreat from a violent attack, and allow a person to answer force with force.

Here in Minnesota two lawmakers have introduced such a measure in the state legislature. Other states, including Florida have already passed Stand your Ground laws.

Contrast this trend with the situation in the home of English Common Law, England:

On a June evening two years ago, Dan Rather made many stiff British upper lips quiver by reporting that England had a crime problem and that, apart from murder, "theirs is worse than ours." The response was swift and sharp. "Have a Nice Daydream," The Mirror, a London daily, shot back, reporting: "Britain reacted with fury and disbelief last night to claims by American newsmen that crime and violence are worse here than in the US." But sandwiched between the article's battery of official denials -- "totally misleading," "a huge over-simplification," "astounding and outrageous" -- and a compilation of lurid crimes from "the wild west culture on the other side of the Atlantic where every other car is carrying a gun," The Mirror conceded that the CBS anchorman was correct. Except for murder and rape, it admitted, "Britain has overtaken the US for all major crimes."

In the two years since Dan Rather was so roundly rebuked, violence in England has gotten markedly worse. Over the course of a few days in the summer of 2001, gun-toting men burst into an English court and freed two defendants; a shooting outside a London nightclub left five women and three men wounded; and two men were machine-gunned to death in a residential neighborhood of north London. And on New Year's Day this year a 19-year-old girl walking on a main street in east London was shot in the head by a thief who wanted her mobile phone. London police are now looking to New York City police for advice.

None of this was supposed to happen in the country whose stringent gun laws and 1997 ban on handguns have been hailed as the "gold standard" of gun control. For the better part of a century, British governments have pursued a strategy for domestic safety that a 1992 Economist article characterized as requiring "a restraint on personal liberty that seems, in most civilised countries, essential to the happiness of others," a policy the magazine found at odds with "America's Vigilante Values." The safety of English people has been staked on the thesis that fewer private guns means less crime. The government believes that any weapons in the hands of men and women, however law-abiding, pose a danger, and that disarming them lessens the chance that criminals will get or use weapons.

The results -- the toughest firearm restrictions of any democracy -- are credited by the world's gun control advocates with producing a low rate of violent crime. U.S. Supreme Court Justice Lewis Powell reflected this conventional wisdom when, in a 1988 speech to the American Bar Association, he attributed England's low rates of violent crime to the fact that "private ownership of guns is strictly controlled."

In reality, the English approach has not re-duced violent crime. Instead it has left law-abiding citizens at the mercy of criminals who are confident that their victims have neither the means nor the legal right to resist them. Imitating this model would be a public safety disaster for the United States.

The article points out the ridiculous lengths to which English courts have upended the traditional deference to the rights of individuals to self-defense:

� In 1973 a young man running on a road at night was stopped by the police and found to be carrying a length of steel, a cycle chain, and a metal clock weight. He explained that a gang of youths had been after him. At his hearing it was found he had been threatened and had previously notified the police. The justices agreed he had a valid reason to carry the weapons. Indeed, 16 days later he was attacked and beaten so badly he was hospitalized. But the prosecutor appealed the ruling, and the appellate judges insisted that carrying a weapon must be related to an imminent and immediate threat. They sent the case back to the lower court with directions to convict.

� In 1987 two men assaulted Eric Butler, a 56-year-old British Petroleum executive, in a London subway car, trying to strangle him and smashing his head against the door. No one came to his aid. He later testified, "My air supply was being cut off, my eyes became blurred, and I feared for my life." In desperation he unsheathed an ornamental sword blade in his walking stick and slashed at one of his attackers, stabbing the man in the stomach. The assailants were charged with wounding. Butler was tried and convicted of carrying an offensive weapon.

� In 1994 an English homeowner, armed with a toy gun, managed to detain two burglars who had broken into his house while he called the police. When the officers arrived, they arrested the homeowner for using an imitation gun to threaten or intimidate. In a similar incident the following year, when an elderly woman fired a toy cap pistol to drive off a group of youths who were threatening her, she was arrested for putting someone in fear. Now the police are pressing Parliament to make imitation guns illegal.

� In 1999 Tony Martin, a 55-year-old Norfolk farmer living alone in a shabby farmhouse, awakened to the sound of breaking glass as two burglars, both with long criminal records, burst into his home. He had been robbed six times before, and his village, like 70 percent of rural English communities, had no police presence. He sneaked downstairs with a shotgun and shot at the intruders. Martin received life in prison for killing one burglar, 10 years for wounding the second, and a year for having an unregistered shotgun. The wounded burglar, having served 18 months of a three-year sentence, is now free and has been granted �5,000 of legal assistance to sue Martin.

There has to be a tremendous lode of irony to be mined from this sad state of affairs, though only a certified and trained professional ironist should attempt it.