I know it has been a couple of years since interest in the case of Jerome Ersland has been spoken about, and with the trial in full swing, I'd like to talk about the knee-jerk reactions by the Oklahoma Legislature in enacting what some have called the "Jerome Ersland Act" which extends "the right to absolute safety" to public places. In Oklahoma's original SDA, provisions for handgun owners extended to "anyplace a person has lawful right to be" just as many other states utilize in their wording of Castle Doctrine laws.
However, it concerns me greatly in moving the law to extend "absolute right to safety" to places outside your home. For centuries it has been well recognized in common law, that your residence, from issues concerning the Constitution in regards to 4th and 8th amendment rights, and extending this "sanctity" to public areas. I see it to only erode the special place which your own home has held for centuries.
I doubt if tested that SCOTUS would find it constitutional, just as other parts of Oklahoma law is in light of other rulings by SCOTUS, as on the books stand in direct violation of the High Court's ruling.
Colorado, a few years past, attempted to include this same concept and wording in their SDA, but found it would seen as unconstitutional and scrapped it.
What do you think?
However, it concerns me greatly in moving the law to extend "absolute right to safety" to places outside your home. For centuries it has been well recognized in common law, that your residence, from issues concerning the Constitution in regards to 4th and 8th amendment rights, and extending this "sanctity" to public areas. I see it to only erode the special place which your own home has held for centuries.
I doubt if tested that SCOTUS would find it constitutional, just as other parts of Oklahoma law is in light of other rulings by SCOTUS, as on the books stand in direct violation of the High Court's ruling.
Colorado, a few years past, attempted to include this same concept and wording in their SDA, but found it would seen as unconstitutional and scrapped it.
What do you think?