The Senate State Affairs Committee has approved SB 1313, Sen. Todd Lakey’s “castle doctrine” and “stand your ground” bill, on a party-line vote, after more than two hours of heartfelt testimony both for and against the bill. Lakey said Idaho has had those policies in case law for 100 years, and the bill codifies them.

Reading from current Idaho jury instructions, Lakey said, “One need not retreat, one may stand one’s ground and defend one’s self.” He said, “That’s the state of the law. We do have stand your ground, there’s no duty to retreat. … The bill does not change any of the existing standards.”

He added, “This bill does not include the language that appears to allow somebody to go after somebody in a vigilante manner after the fact. That is part of the provisions of the other bill.”

Lakey said his bill was developed in consultation with prosecutors, law enforcement, and Idaho legislators with experience and expertise in legislation regarding the 2nd Amendment.

Sen. Steve Vick, R-Dalton Gardens, said, “I guess my sense on this is that I don’t think that you should have to be a legal expert to understand what your rights are. I think the clarification and the codification and the consolidation of what is existing law into one place in code is a worthwhile endeavor, and is a good step in what Idaho should do to make sure that people understand what their rights are and what the dangers are in violating those rights. Is this the final step? Probably not. But I do think it’s a good step.”

He moved to send the bill to the full Senate with a recommendation that it “do pass,” and it carried with only the committee’s two minority Democrats, Sens. Michelle Stennett, D-Ketchum, and Cherie Buckner-Webb, D-Boise, dissenting.

---

---