Support HB 0381B

The AK legislature is considering a bill to expand our "castle doctrine" law. This will effectively remove the duty to retreat for law abiding citizens in a place where they have a right to be.

This is a good change, in my opinion, because criminals ignore laws. Criminals will utilize force whenever and wherever it is convenient for them to do so. According to official government figures, the plurality of robberies happen on the street, not in the home or workplace. The recent attacks in public parks illustrates this reality rather poignantly. So giving citizens the right to defend themselves in those sorts of situations is a good thing. Moroever, provision (4) below already applies whenever someone goes for a walk in the park with their spouse; why shouldn't they be protected by the law if they choose to go out walking alone or with a friend?

I urge you to contact your state senator and representative today and ask them to support HR 381B. Click here if you're not sure what district you are in.

Here is the full text of the law in question. The proposed amendment is in bold face:

A BILL
FOR AN ACT ENTITLED
1 "An Act relating to self defense in any place where a person has a right to be."
2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
3 * Section 1. AS 11.81.335(b) is amended to read:
4 (b) A person may not use deadly force under this section if the person knows
5 that, with complete personal safety and with complete safety as to others being
6 defended, the person can avoid the necessity of using deadly force by leaving the area
7 of the encounter, except there is no duty to leave the area if the person is
8 (1) on premises
9 (A) that the person owns or leases;
10 (B) where the person resides, temporarily or permanently; or
11 (C) as a guest or express or implied agent of the owner, lessor,
12 or resident;
13 (2) a peace officer acting within the scope and authority of the officer's
14 employment or a person assisting a peace officer under AS 11.81.380;
15 (3) in a building where the person works in the ordinary course of the
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CSHB 381(JUD) -2- HB0381b
New Text Underlined [DELETED TEXT BRACKETED]
1 person's employment; [OR]
2 (4) protecting a child or a member of the person's household; or
3 (5) in any place where the person has a right to be.