No easy call
Published 12:39 am Saturday, February 26, 2011
Many law-enforcement officers who have had to shoot people in the line of duty will tell you the decision to pull the trigger was the most difficult one they ever made.
The difference between police officers and most ordinary citizens is that law-enforcement personnel are trained to know when to use deadly force and when not to use it.
A bill given preliminary approval Thursday by the state Senate would broaden the legal definitions of situations wherein homeowners could use deadly force against an intruder.
The bill passed on a vote of 37-13, and it requires another vote of the Senate.
“If someone forcibly breaks into your home, car or place of business, they’re not there to help you,” said Sen. Phil Berger, R-Rockingham.
The Senate president pro tempore is absolutely correct in his determination that homeowners have a right to use deadly force in defense of their lives, families and properties.
Where this bill goes awry is in application to the workplace.
“I guess I am a little concerned about the broad definition of workplace,” said Seth Edwards, head prosecutor in the 2nd Prosecutorial District, which includes Beaufort County.
Edwards also is president of the N.C. Conference of District Attorneys.
In general, Edwards thought the bill was a good idea, but that nagging workplace definition gave him pause.
“I’m more worried about someone taking a gun to Wal-Mart, having a gun on them and someone comes in and has a few harsh words and he says, ‘I’m in my workplace, I’m in danger, I’m going to shoot them,’” Edwards commented.
Of course, Edwards knows what he’s talking about. This is a man who’s charged with enforcing the law, and he’ll have to decide whether local people should be prosecuted or cleared in response to this proposed legislation.
We’re not breaking news when we write that we live in a violent society. And we’re preaching to the choir when we say 2nd Amendment rights are sacred in these United States, especially in this part of the country.
Still, we join Edwards in urging the Senate to take precautions as it proceeds with finalizing this bill. If there is any way to tighten up this bill’s definition of a workplace, the Senate should pursue that responsible course.
The Senate should take its time over this life-and-death measure and listen to district attorneys like Edwards.
We hope no one who’s reading this ever will have to use č or has used č deadly force against an intruder at home, in a car or at work.
If you do have to defend yourself to this degree, let’s hope this potential law is clear enough to protect the innocent.