SB 532 "Castle Doctrine" and civil immunity (Read 25565 times)

HiCarry

SB 532 "Castle Doctrine" and civil immunity
« on: April 15, 2010, 04:26:50 PM »
OK, everyone. Here's another one I think we should mobilize for. SB 532 was heard in cnference committe today, and deferred until Monday. This was a bill introduced last session and was recently revived and moved thru committe.
 
First, SB 532 would create civil immunity for a home owner, apartment renter, or anyone with an interest in property, when they employ deadly force to defend themselves in their home or property. I think most would agree that this is something "we" want. That being said, there are two versions of the bill, the Senate and the House, which is why it is in conference committe. HRA believes that the Senate bill has the preferable language, in large part because it does not require the perp to be charged with a felony before the civil immunity is activated. The House version requires this. The reason this is not desirable language is that what happens if you shoot someone, in your home and under the various provisions of the bill, and they die? Well, they obviously won't be charged with a felony so no immunity and therefore the surviving family of the perp would be able to sue.
 
So, what can you do now? You cannot submit testimony, but you can call and/or write the members of the conference committe. For the Senate they are: Taniguchi, Chair; Takamine, Slom.
 
And for the House they are: Karamatsu Chair; Ito, Souki, Thielen
 
When writing or speaking to them or their staff, make sure you mention that you prefer the Senate version. A link to the bill and associated information is below.
 
http://www.capitol.hawaii.gov/session2010/lists/measure_indiv.aspx?billtype=SB&billnumber=532
 
Thanks!

2aHawaii

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Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #1 on: April 15, 2010, 04:58:39 PM »
I'll be contacting them. Thanks HiCarry.
I am not a lawyer.

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bushmasta55

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Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #2 on: April 15, 2010, 05:06:22 PM »
Hey 2a,

How would I go about contacting them?  Sending a letter or email?  If so I have no clue how to start it off.  Do you have template or tips to help me start off.

itwasntme

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #3 on: April 15, 2010, 05:08:14 PM »
Thank you HiCarry.
"A government big enough to give you everything you want, is strong enough to take everything you have." - Thomas Jefferson

HiCarry

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #4 on: April 15, 2010, 05:22:05 PM »
Hey 2a,

How would I go about contacting them?  Sending a letter or email?  If so I have no clue how to start it off.  Do you have template or tips to help me start off.

Here's a link that will show you every legislator's contact info, one each for the House and Senate:

http://www.capitol.hawaii.gov/site1/house/members/members.asp

http://www.capitol.hawaii.gov/site1/senate/members/members.asp

Due to the time constraints (we want them to get our message before the Monday Conference Committee) either e-mail or phone call would be preferable to snail mail. In terms of preference, a phone call is a little better than an e-mail, and if you can do both, all the better.
 
If you have to choose, I would concentrate on, in order of "importance," the Chairs, then Reps. Souki and Theiland, then Sen. Takamine. Rep. Ito is on our side already, as is Sam Slom.

As for a template or talking points, just say that you support the intent of the bill (civil immunity for someone who is forced to defend themselves from violent felonious acts in their home. And, that you prefer the language in the Senate version as it does not require the perp to be charged with a crime, which is impossible if he's dead, before the homeowner gets the benefit of the civil immunity.

Hope that helps, and thank you, and everyone else willing to put a little energy into this.....Aloha
« Last Edit: April 15, 2010, 06:30:00 PM by HiCarry »

Jaydawg

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #5 on: April 16, 2010, 08:51:31 AM »
Thanks for the heads up, HiCarry.

Antithesis

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #6 on: April 16, 2010, 02:50:34 PM »
Alright guys let's do this. 
"Si vis pacem, para bellum"
If you wish for peace, prepare for war

HiCarry

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #7 on: April 16, 2010, 03:42:28 PM »
It was interesting. At the conference committee hearing yesterday Sen. Taniguchi apparently received a "memo" from the "Hawaii Association of Justice" who opposed the bill and offered some amendments. THe bill was deferred to Monday in part so that they could review these "amendments."

The Hawaii Association for Justice is a group of personal injury lawyers who most likely oppose the bill because it would provide civil immunity to a homeowner/renter who injurs or kills a bad guy in their home. No immunity means they can't have the bad guy, or their family, as clients in a civil suit against said homeowner. Here is a link to HAJ:

http://web.memberclicks.com/mc/page.do?sitePageId=81835&orgId=clh

And here a link to the testimony provided by Bob Toyofuku, who was a HUGE antigun legislator and wanted to (if I recall correctly...) ban all handguns in Hawaii a while back.

http://www.capitol.hawaii.gov/session2010/Testimony/SB532_SD1_TESTIMONY_JUD_03-17-09_.pdf

It would be a shame if this needed piece of legislation was killed by the lawyers most likely to benefit from the ability to sue otherwise law-abiding folks who were forced to defend themselves in their homes. I have tried to get a copy of that memo, but so far I have not been able to do so....but I think the testimony Mr. Toyofuku last year pretty much sums it up..."ordinary citizens" are not to be trusted to defend themselves. And if you read between the lines, those same ordinary citizens, if forced to defend themselves should not be immune to the ambulance chasing lawyers hell bent on trying to get a legal windfall for their scum clients....and themselves
« Last Edit: April 16, 2010, 04:21:54 PM by HiCarry »

2aHawaii

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Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #8 on: April 16, 2010, 03:52:29 PM »
Wow, I didn't know they had that much power. Thanks for the info.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Rookie808

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #9 on: April 16, 2010, 05:13:40 PM »
so what can we do to stop those guys? 

HiCarry

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #10 on: April 16, 2010, 05:20:12 PM »
so what can we do to stop those guys? 
If by "those guys" you mean the Hawaii Association for Justice, you can't really "stop" them. What you can do is counter their influence (remember most legislators are lawyers and will ultimately need a job when they are no longer in office...) with our own. Hence the need to for a large number of gun owners to participate in the legislative process. So, call the legislators as noted above. In the long run, make sure you participate in efforts to promote "our" agenda and to discredit, or at least nullify, their arguments.

The only way we'll continue to realize "wins" is if everyone participates......

Jaydawg

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #11 on: April 17, 2010, 07:08:11 PM »
emails sent this morning.

Tom_G

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #12 on: April 18, 2010, 12:02:22 AM »
I know it's less desirable, but it sure is easy to send individual emails to a dozen people.  A little copy-and-paste, voila!  And it can be done at midnight. 
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Jaydawg

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #13 on: April 18, 2010, 09:39:30 AM »
I know it's less desirable, but it sure is easy to send individual emails to a dozen people.  A little copy-and-paste, voila!  And it can be done at midnight. 

don't forget to change the name...I missed one. :-\

2aHawaii

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Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #14 on: April 18, 2010, 02:42:30 PM »
don't forget to change the name...I missed one. :-\

And don't call Senators Representatives and vice versa :)
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Tom_G

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #15 on: April 18, 2010, 10:01:26 PM »
don't forget to change the name...I missed one. :-\

Eh, didn't bother with names or titles.  Didn't trust my brain to keep it all straight.  Just went with "Hey, support this damn bill, the Senate version, and don't listen to the HAJ idiots."  Well, I'm summarizing... I'm pretty sure that the language was a little more appropriate.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Jaydawg

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #16 on: April 19, 2010, 10:36:46 AM »
hahaha.... :shaka:

HiCarry

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #17 on: April 19, 2010, 12:25:20 PM »
I know it's less desirable, but it sure is easy to send individual emails to a dozen people.  A little copy-and-paste, voila!  And it can be done at midnight. 

Actually, it is probably more desirable to send "individual" e-mails....I have found that when sending out to a group, a lot of the filters folks use may block as spam....

Jaydawg

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #18 on: April 19, 2010, 12:29:47 PM »
I know it's less desirable, but it sure is easy to send individual emails to a dozen people.  A little copy-and-paste, voila!  And it can be done at midnight. 

Actually, it is probably more desirable to send "individual" e-mails....I have found that when sending out to a group, a lot of the filters folks use may block as spam....

I sent a sole email to my district representative who is not on the committee but got the standard reply:

Quote
Thank you for your e-mail.  However, given the volume of e-mail, "blast e-mail," and "junk mail," I am not able to read and respond to each and every one in a timely manner.  For matters that require immediate attention, please call me at 586-6200 or fax me at 586-6201.  Sincerely, it is often easier for me and more expedient for you to have me respond over the phone than through e-mail.

 

Sorry, we will not process any testimony received at this e-mail address.  Please submit all testimony on bills or resolutions to our Capitol Web page at:  http://www.capitol.hawaii.gov/emailtestimony.  Thank you.

HiCarry

Re: SB 532 "Castle Doctrine" and civil immunity
« Reply #19 on: April 19, 2010, 03:38:47 PM »
The bill was deferred, again, until tomorrow. This is typical of the way the process works....painfully slow at times, and progress is measured in very small increments....that being said, this does mean there are more opportunities for folks to call the legislators.

At the conference committee, the Chair for the Senate couldn't recall where they were on the bill (in terms of moving it foreward or what was holding it up...didn't seem to recall the HAJ memo or objections) but Karamatsu still seemed intent on getting the House version pushed thru.

So, if you have the time and inclination, even if you've already called, call up Karamatsu's office and let his staff know we want the Senate version passed.

Thanks and aloha,