Deadly force bill advanced by committee

The right to use firearms to in self-defense will be protected by a bill advancing in Pierre.

People who are attacked or defend others at risk of serious injury or death should be allowed to use deadly force, legislators decided Friday.

The House Judiciary Committee gave 10-2 approval to a gun-rights group bill that would revise existing state laws on self defense. HB1134, which goes now to the House floor, says those who believe they are at risk of great harm from others are justified in using violent retaliation. The measure says people may use deadly force and have no duty to retreat if they are in places where they may legally be — such as homes and businesses.

This limits the possibility of prosecution in cases of self-defense, which unfortunately has occurred in a number of other jurisdictions.

David Conway of the South Dakota Shooting Sports Association, an affiliate of the National Rifle Association, said such a law could save innocent lives because people would be less hesitant to defend themselves. But he said HB1134 would not make people trigger-happy. “People are not going to go around shooting one another randomly because of this bill,” Conway told legislators. “All we’re going to do is build a safety net for those that are brave enough to react with force or violence when the situation justifies it,” he said. “You would not have the right to shoot someone just because they’re on your property,” Conway said.

Support for the bill also came from NRA lobbyist Darin Goens. “If someone does break into your home in the middle of the night, you don’t have to run out the back door,” he said. “You can protect yourself.”

Rep. Alan Hanks, R-Rapid City, said people should not be expected to flee their homes instead of taking measures to defend themselves. “You have the right to stand your ground,” Hanks, prime sponsor of the bill, said.

Self-defense is a constitutional right, said Zach Lautenschlager of South Dakota Gun Owners, another gun-rights group. “It will help provide security to South Dakota individuals and families,” he said.

The Chief likes this bill: if the malefactors and pertetrators come after him or his and get a facefull of hot lead, like they say on the Russian plains, “Toughski sh-tsky!”