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Wis. passes bill to protect homeowners

MADISON, Wis., Nov. 4 (UPI) -- Wisconsin lawmakers Friday approved a bill sponsors say protects homeowners who shoot intruders, but opponents charge is intended to appease the gun lobby.

Under the bill, courts in most criminal and civil cases would presume a property owner acted reasonably in resorting to use of deadly force against anyone unlawfully inside their residence, business or vehicle, the Milwaukee Journal Sentinel reported.

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Under existing law, one cannot use deadly force unless one reasonably believes it is needed to defend against injury or death. Supporters of the bill say people in their homes or businesses don't necessarily have time to assess whether an intruder is trying to harm them.

"A person has a right to defend themselves and their family in their dwelling," said Republican state Sen. Van Wanggaard, a lead sponsor of the bill. "The fundamental issue is about protecting life, not property."

Some Democrats said the law was pushed through to appease the National Rifle Association.

"This day in the Senate is truly bought and paid for" by the NRA, state Sen. Jon Erpenbach said.

Opponents also included criminal defense lawyers, prosecutors, judges and academics. The criminal law section of the State Bar of Wisconsin said in a statement a search of case law turned up no cases in which "a homeowner was charged with a crime for defending himself or herself from a home intruder," and said the new law provides a defense "for irrational people armed with deadly force."

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"Under its provisions, malevolent, reckless, or paranoid people who shoot trick-or-treaters or repairmen on their porch will be presumed to be acting in self-defense," the statement said.

The bill does not protect a shooter who attacks someone they know or should have known to be a police officer, firefighter or emergency medical technician.

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