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Important Self-Defense Bill to be Heard in Kansas State House

Friday, February 19, 2010

Please Contact Your State Representative!

On Monday, February 15, the House Judiciary Committee passed House Bill 2432, a bill making important corrections to Kansas’ current self-defense statute. This legislation could be heard on the House floor in the near future.

The recent Kansas Supreme Court Ruling in State v. Hendrix stated that if a person threatens force instead of actually using deadly force, the individual is not entitled to a self-defense jury instruction and could be charged with aggravated assault.  The ruling was applied to an individual who threatened force (but never discharged the firearm), when his fiancée was assaulted and was subsequently charged and given a felony conviction.  He is now a prohibited person for using self-defense.

While the underlying legislation in HB 2432 came up short in accurately correcting the problems addressed in the Hendrix ruling, a number of amendments were added to the bill, which the NRA feels has significantly strengthened the legislation. 

Most significant were two amendments offered by State Representative Kevin Yoder (R-20).  The first amendment added “place of work” to the list of specific places (such as your home or vehicle) that can be protected with force without retreat. The second amendment to the bill says that if someone breaks into your home, car, or place of work, it is presumed that they are there to do you harm and whatever force you deem necessary to protect yourself is justified.  This presumption is an important aspect of Castle Doctrine legislation, and NRA is very pleased that this amendment was added to the Hendrix fix.

NRA will continue to work with the legislature in both chambers to make sure that Kansas citizens’ self defense rights are clearly articulated  to minimize the chances that the State Supreme Court will misinterpret the legislature's intent.  Please contact your legislators TODAY and urge them to support this self-defense clean up bill.  Contact information for your legislators can be found here. 

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Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.