SELF-DEFENSE
Proposal would create a loophole for criminals
I am a member of the NRA, and I support the right of citizens to defend themselves. I have also been a police officer for 23 years, and I have discussed the proposed Castle Doctrine law with dozens of working cops. I believe that it creates a loophole defense for murder.
When I was 10, I lived in south Minneapolis. Across the alley lived Mr. Cunningham, who had a wonderful apple tree in his back yard. More than once, I snuck in and stole an apple. Mr. Cunningham was a nice and peaceful man, but he certainly didn't like having his apples stolen. I have little sympathy for thieves, even 10-year-old apple thieves, but if he had shot and killed me, it would have been cold-blooded murder.
Here's my problem with the Castle Doctrine bill. I entered Mr. Cunningham's property by "stealth" to steal an apple. Article 3, subdivision 4 of the bill states that if a person enters property illegally by stealth, the property owner can "presuppose" that there exists an imminent threat of harm or death and employ deadly force. Subdivision 5 states that such a person is "immune from any criminal prosecution for that act."
If the Castle Doctrine becomes law, I don't expect apple thieves to be shot by thousands of responsible gun owners across our state, but I do expect that occasionally a crazy, violent criminal will use this loophole as a defense for murder.
Every three months I receive my NRA magazine in the mail, and I dutifully read the section about ordinary citizens who defend themselves with firearms. I appreciate that my NRA publishes these examples. As a cop, I always read them with our current law in mind. I have never read such an example that would not be allowed under our current law.
DAVE KOLB; POLICE CHIEF, CHAMPLIN
The writer is cochair of the Minnesota Chiefs of Police Association Legislative Committee.
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