ALEC and The Castle Doctrine

Media Matters has an interesting post up regarding the recent killing of Trayvon Martin:

Legal experts have noted that Florida's "Stand Your Ground" law may prevent George Zimmerman from ever being successfully prosecuted for the killing of Trayvon Martin. Zimmerman has claimed that he acted in self-defense, and court precedent indicates that the State has the heavy burden of disproving this in order to win a conviction.

Florida's statute on the use of force in self-defense is virtually identical to Section 1 of ALEC's Castle Doctrine Act model legislation as posted on the Center for Media and Democracy (CMD). According to CMD, the model bill was adopted by ALEC's Civil Justice Task in August 2005 -- just a few short months after it passed the Florida legislature -- and approved by its board of directors the following month.

Since the 2005 passage of Florida's law, similar statutes have been passed in 16 other states. [links and emphasis in original] 

You can probably guess where this is headed.  Here's a hint: Which of those "16 other states" do you think I care about right now?

Before we get to that, I do want to show you what media matters means by "virtually identical."  Here's ALEC's "Castle Doctrine" text:

3. A person who is not engaged in an unlawful activity and who is attacked in any other place [other than their dwelling, residence, or vehicle] where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another, or to prevent the commission of a forcible felony.

And here's how it shows up in Florida law:

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Wow.  That got me to thinking.  What about the recently signed Castle Doctrine legislation in Pennsylvania?  Is there any language in Pennsylvania law that's similar to the ALEC legislation quoted above?

Take a look:

(2.3) An actor who is not engaged in a criminal activity, who is not in illegal possession of a firearm and who is attacked in any place where the actor would have a duty to retreat under paragraph (2)(ii) has no duty to retreat and has the right to stand his ground and use force, including deadly force, if:

(i) the actor has a right to be in the place where he was attacked;

(ii) the actor believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat; and

(iii) the person against whom the force is used displays or otherwise uses:

(A) a firearm or replica of a firearm as defined in 42 Pa.C.S. § 9712 (relating to sentences for offenses committed with firearms); or

(B) any other weapon readily or apparently capable of lethal use.

It's all in there - just a bit unfurled.

The legislation was introduced by State Representative Scott Perry  (R-92).  While himself not an ALEC legislator (at least as far as I can tell), some of our favorite Friends of ALEC are listed of sponsors of the bill:

• Daryl Metcalfe
• Mike Turzai
• John Evans
• Mathew Baker
• Steven Barrar

Many thanks to the American Legislative Exchange Council for their thoughtful legislative inspirations!