Dear Mr. Dreadedtrash,
Thank you for contacting my office about Senate Bill 661, An Act Relative to the Common Defense. I apologize as I believe you may have received a former email from my office in error, about my position on An Act Repealing the Ban on Modern Sporting Arms.
With regards S.661, I oppose this legislation and would like to take this opportunity to explain my position on this bill.
Existing self-defense and gun laws already permit an individual to protect him or herself with force – including lethal force – if threatened in his or her home.
Under current general law Chapter 278, Section 8A the law states that a citizen may defend themselves if they have the reasonable belief that the person unlawfully in their home is about to inflict great bodily injury or death. The law also goes on to say that a citizens has “no duty to retreat” from their home. An individual who rightly defends him or herself and is determined to have been a victim will be protected by the legal system under current law.
The proposed law extends this right beyond the home to anywhere a person “has a right to be.” This is a vague phrase that goes far beyond typical “castle doctrine” protections. I am concerned about the effect this could have on public safety and do not believe we should pass laws encouraging citizens – even law-abiding ones acting in self-defense -- to shoot a gun at someone in a public space. The potential for vigilantism and harm to innocent bystanders is too high.
Although I appreciate and understand your concerns about your right to protect yourself and your family, the current statute seems to me to be a reasonable balance of the right of an individual to protect him or herself in the home with the need to protect the public safety.
Thank you again for contacting my office regarding this important issue. If you have any further questions or concerns please feel free to contact me by email at
[email protected], or you can reach me at the State House by calling 617.722.1120.
Very truly yours,
Jamie Eldridge
State Senator
Middlesex Worcester District