“I think the unlawful public should be fully aware of the consequences if you enter somebody’s home illegally,” he told the newspaper.
Senate Bill 2315 would make it legal for you to:
- kill someone even if you could safely avoid it by retreating
- kill someone who’s running away from you
- kill someone to prevent them from causing $100 worth of damage to your stuff
Cass County State’s Attorney Birch Burdick told the Forum he thinks the bill would make it legal to “shoot someone in the back who was fleeing from a home after stealing a DVD copy of an old movie like Sleepless in Seattle.”
Indeed, Clemens’s bill would let you kill someone over “criminal mischief,” a criminal term which includes the misdemeanor offense of causing $100 in property damage.
“If I’m in my home, and there’s a guy coming at us, I have no idea what his intent is,” Clemens told the Forum. “Is he out to harm one of my children, my grandchildren or me? Or is he on his way to the next room to get a TV?”
The law already lets you kill in self-defense. Your bill makes it legal to shoot someone who’s running away and poses no threat to you. That’s murder.