Reply #69: Cite a case

[Oneka]

from Minnesota if you can find one that applies. A Georgia court of appeals case has no bearing whatsoever on Minnesota law, since it was not decided in the same jurisdiction as this bill.
Common law it would appear also has no bearing on this bill, which means that the text of the bill itself will be law, and my reading of it was correct. a Judge can establish common law that pertains to this bill, only after it becomes law.

The U.S. is a common law country. In all states except Louisiana (which is based on the French civil code), the common law of England was adopted as the general law of the state, EXCEPT when a statute provides otherwise. Common law has no statutory basis; judges establish common law through written opinions that are binding on future decisions of lower courts in the same jurisdiction.


http://www.lectlaw.com/def/c070.htm

so your argument for common law does not apply to this bill,or statute if it becomes law. This bill defines ,force and deadly force.


(c) "Deadly force" means force used by an individual with the purpose of causing,
5.16or which the individual should reasonably know creates a substantial risk of causing,
5.17great bodily harm or death. The intentional discharge of a firearm by an individual at
5.18another person, or at a vehicle in which another person is believed to be, constitutes
5.19deadly force. A threat to cause great bodily harm or death, by the production of a weapon
5.20or otherwise, constitutes reasonable force and not deadly force, when the individual's
5.21objective is limited to creating an expectation that the individual will use deadly force
5.22only if authorized by law.

The bill would provide immunity from civil and criminal liability from the use of force only as defined in it's own text, since common law does not yet apply, as no Judge has issued an opinion on it yet.

(a) An individual
7.16who uses force, including deadly force, according to this section or as otherwise provided
7.17by law in defense of the individual, the individual's dwelling, or another individual is
7.18justified in using such force and is immune from any civil liability or criminal prosecution
7.19for that act.
So by omitting authorization for any acts beyond force, or deadly force as defined above, this bill can not, and does not offer, immunity
from civil liability or criminal liability, for killing or injuring an innocent bystander.

Blanket civil liability immunity FAIL.