GOAL Calls on Legislature to Come to the Aid of a Heroic Citizen
By now the world has heard the news of the lawful defense shooting that took place at the Massachusetts General Hospital clinic in Boston. In a case of true American selflessness, Massachusetts citizen Paul Langone ran towards danger to come to the aid of what was probably a complete stranger. In doing so, Mr. Langone likely saved the life of Psychiatrist Astrid Desrosiers who was being repeatedly stabbed by patient turned assailant, Jay Carciero.
In what was most certainly a case of lawful defense, Mr. Langone found himself in a situation that called on deadly force in order to save Ms. Desrosiers and to protect the lives and safety of other clinic staff and visitors. While there is much debate in the media and amongst the general public as to why Mr. Langone was there and why he was carrying a gun, the simple answer for everyone involved is that they are lucky he was.
What may be the greatest tragedy to yet take place regarding this story of a citizen hero is his exposure to a civil suit from the assailant’s family. While we are not aware that such a suit has been filed, the danger exists. Under current Massachusetts law there are no protections from such suits for citizens who use force to protect themselves or others. However, the Massachusetts legislature has an opportunity to save this hero from such a suit.
Gun Owners’ Action League (GOAL) currently has a bill before the Joint Committee on the Judiciary in the State House to address this matter. Senate Bill #1580, “An Act Relative to the Common Defense”, was filed this legislative session to protect citizens who find themselves in a situation that requires the use of force to defend themselves or others.
“It is clear enough to everyone that we live in a state where self defense is frowned upon and even discouraged,” said Jim Wallace Executive Director of Gun Owners’ Action League. “However, when such a lawful action of defense takes place it is unforgiveable that the Commonwealth would allow a law to exist where an assailant, or his family, is allowed to sue a defender. Just as Mr. Langone risked his life to come to the aid of other citizens, we now must come to his aid.”
S.1580 would provide specific language that would clearly define what an act of lawful defense is. It would also provide protection to citizens who have acted in a lawful defense act from civil suits regarding the death or injuries to an assailant.
GOAL urges all Massachusetts citizens to come to the aid of this hero by contacting their legislator and ask them to immediately move on S.1580 “An Act Relative to the Common Defense”. Citizens can obtain information on their legislators at: http://www.mass.gov/legis/city_town.htm
S.1580 AN ACT RELATIVE TO THE COMMON DEFENSE. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 278: Section 8A. Killing or injuring a person defense of self or others;
Section 8A. It shall be an act of lawful defense if a person, who is an occupant of a dwelling or in any place that they have a right to be, used deadly force, or less than deadly force, if he or she acted in the reasonable belief that an assailant was about to inflict great bodily injury or death upon themselves or upon another person who also had a right to be in the location. There shall be no duty on a person to retreat from any place that they have a right to be. An act of lawful defense as outlined in this section shall not be cause for arrest or prosecution. Further, an act of lawful defense under this section shall not be cause for the revocation of a license issued under sections, 122, 123, 129B or 131 of Chapter 140.
SECTION 2. Chapter 231: Section 85U. Death or injury to assailants; liability of defender
Section 85U. No person who has committed an act of lawful defense as outlined in section 8A of chapter 278 shall be held liable in an action for damages for death or injuries to an assailant.
By now the world has heard the news of the lawful defense shooting that took place at the Massachusetts General Hospital clinic in Boston. In a case of true American selflessness, Massachusetts citizen Paul Langone ran towards danger to come to the aid of what was probably a complete stranger. In doing so, Mr. Langone likely saved the life of Psychiatrist Astrid Desrosiers who was being repeatedly stabbed by patient turned assailant, Jay Carciero.
In what was most certainly a case of lawful defense, Mr. Langone found himself in a situation that called on deadly force in order to save Ms. Desrosiers and to protect the lives and safety of other clinic staff and visitors. While there is much debate in the media and amongst the general public as to why Mr. Langone was there and why he was carrying a gun, the simple answer for everyone involved is that they are lucky he was.
What may be the greatest tragedy to yet take place regarding this story of a citizen hero is his exposure to a civil suit from the assailant’s family. While we are not aware that such a suit has been filed, the danger exists. Under current Massachusetts law there are no protections from such suits for citizens who use force to protect themselves or others. However, the Massachusetts legislature has an opportunity to save this hero from such a suit.
Gun Owners’ Action League (GOAL) currently has a bill before the Joint Committee on the Judiciary in the State House to address this matter. Senate Bill #1580, “An Act Relative to the Common Defense”, was filed this legislative session to protect citizens who find themselves in a situation that requires the use of force to defend themselves or others.
“It is clear enough to everyone that we live in a state where self defense is frowned upon and even discouraged,” said Jim Wallace Executive Director of Gun Owners’ Action League. “However, when such a lawful action of defense takes place it is unforgiveable that the Commonwealth would allow a law to exist where an assailant, or his family, is allowed to sue a defender. Just as Mr. Langone risked his life to come to the aid of other citizens, we now must come to his aid.”
S.1580 would provide specific language that would clearly define what an act of lawful defense is. It would also provide protection to citizens who have acted in a lawful defense act from civil suits regarding the death or injuries to an assailant.
GOAL urges all Massachusetts citizens to come to the aid of this hero by contacting their legislator and ask them to immediately move on S.1580 “An Act Relative to the Common Defense”. Citizens can obtain information on their legislators at: http://www.mass.gov/legis/city_town.htm
S.1580 AN ACT RELATIVE TO THE COMMON DEFENSE. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 278: Section 8A. Killing or injuring a person defense of self or others;
Section 8A. It shall be an act of lawful defense if a person, who is an occupant of a dwelling or in any place that they have a right to be, used deadly force, or less than deadly force, if he or she acted in the reasonable belief that an assailant was about to inflict great bodily injury or death upon themselves or upon another person who also had a right to be in the location. There shall be no duty on a person to retreat from any place that they have a right to be. An act of lawful defense as outlined in this section shall not be cause for arrest or prosecution. Further, an act of lawful defense under this section shall not be cause for the revocation of a license issued under sections, 122, 123, 129B or 131 of Chapter 140.
SECTION 2. Chapter 231: Section 85U. Death or injury to assailants; liability of defender
Section 85U. No person who has committed an act of lawful defense as outlined in section 8A of chapter 278 shall be held liable in an action for damages for death or injuries to an assailant.