Missouri's Stand Your Ground law has been cited a number of times since the recent shooting of a Missouri teen by a homeowner whose house he went to by mistake. But one expert said the statute is not what authorizes a person to use lethal force when a "legitimate" threat occurs at their home or property.

Ari Freilich, state policy director for the Giffords Law Center to Prevent Gun Violence, pointed out Stand Your Ground laws apply in public spaces, and the Castle Doctrine covers private property.

He said what the two have in common is lowering the legal requirement to avoid using lethal force when possible, by stepping away, or otherwise de-escalating the situation.

"Generally speaking, you cannot use lethal force unless it was objectively reasonable for you to believe that it was necessary to use that amount of force to prevent death or serious bodily harm, or really serious crimes from occurring," Freilich explained.

Freilich noted both the Castle Doctrine and Stand Your Ground laws fall under the umbrella of homicide laws. He added although every state has variations, the legal system has important protections, independent of the two, in the form of self-defense and justifiable homicide laws.

Freilich stressed although the Castle Doctrine does not require someone to step away or attempt to de-escalate a threat when at home, it has major restrictions.

"That does not authorize someone to use lethal force when there is no reason to believe that someone is unlawfully entering the home," Freilich emphasized. "And also, when there is really no objectively reasonable indicator that the person was a threat to life or safety."

And although de-escalating has historically been the expectation in public spaces, Freilich acknowledged people's understanding of this seems to be changing.

"Stand your ground laws have altered and distorted that and told people they have some vague affirmative right in public spaces -- wherever they might lawfully be present -- to stand their ground and not withdraw, not de-escalate in that way," Freilich said.

Freilich co-authored a study with the Southern Poverty Law Center which concluded Stand Your Ground laws should be repealed, stating, "They encourage a trigger-happy culture of anxious vigilantism that cheapens the value of human life. And they deepen vast and harmful disparities in our legal system."


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Well over three-fourths of Americans support universal background checks for gun purchases, but federal law allows unlicensed people to sell guns at gun shows and online without one.

Sixteen states now require background checks for gun sales by licensed and unlicensed sellers but Nebraska is not one of them.

The Biden administration is taking a step to close the gun show loophole. By mid-May, a broader definition of who is a gun dealer, and thus required to conduct background checks, will go into effect.

Melody Vaccaro, executive director of Nebraskans Against Gun Violence, said the broadened definition will not affect true "hobbyists," such as antique gun collectors.

"The main way that it goes between a hobbyist and a gun dealer is if someone is selling guns regularly for money," Vaccaro explained. "If monetization is the driver of the gun sales."

Nearly a dozen different violations make people ineligible to purchase or possess a gun under federal law. And since the federal background check system was initiated in 1998, it has stopped nearly 5 million illegal gun purchases.

Those who oppose expanding background checks believe additional regulations burden law-abiding citizens and do not stop potentially dangerous people from getting firearms.

Vaccaro acknowledged it may be true, but is not a reason to stop trying. She hopes the change will help Nebraskans discover their common ground on this issue.

"Everybody is worried about gun violence. Everybody's worried about mass shootings. Everybody's wondering how we can do better; everybody's wondering that," Vaccaro emphasized. "That's not a political party conversation; that is actually something we all share."

And Vaccaro expects most Nebraskans will welcome an increase in the percentage of gun sales to include a background check.

"It is just so basic; it's so pragmatic," Vaccaro contended. "I really would be surprised if there was authentic pushback from everyday people, who are not lobbyists or directly profiting from the gun industry in some way."

Nebraska law regulates handgun sales by both licensed and unlicensed sellers, but private sellers can sell a long gun without a background check.


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Background checks on those who purchase firearms at gun shows may soon be expanded.

The Justice Department last week issued a directive to close the so-called "gun show loophole." A final rule submitted to the Federal Register changes the definition of firearm sellers, ultimately requiring they obtain a federal firearms license to sell guns at gun shows, flea markets and over the internet.

Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, welcomed the new rule.

"There is no reason why anybody should be able to walk into any gun show in the United States of America, if there's not a background check law at the state level, and be able to purchase firearms, no questions asked," Viscoli contended.

The new rule would classify around 23,000 vendors as licensed firearms dealers, making their gun sales subject to checks. The Biden administration has said the rule does not conflict with the Second Amendment, but two Republican senators have already announced plans to introduce a joint resolution to overturn the rule.

Earlier this year, New Mexico lawmakers approved, and the governor signed, several firearms-related bills. One prohibits guns within 100-feet of polling places during a state election. And Viscoli said another bill could reduce the number of sales at gun shows.

"In New Mexico, and this does pertain to gun shows, we just passed a seven-day hold on the sale of firearms," Viscoli noted. "That's going to make it very difficult for gun shows because they would have to mail those guns to people."

In starting her position in 2013, Viscoli attended gun shows to see how easy or difficult it was to buy guns. Despite telling dealers she had forgotten her driver's license and had no identification, she said she was assured it wouldn't be a problem. Ten years later, she believes the proliferation of guns is out of control.

"It's coming to define who we are both as a state in New Mexico and as a country," Viscoli observed. "I mean, when gun violence is a leading cause of death for young people, I don't know why we're not sitting at the table and figuring, 'What the heck do we do about this?'"


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Leaders from across Alabama are banding together in a united effort to combat gun violence and seek effective solutions.

Alabama has one of the highest rates of gun violence in the country, with 25 gun deaths per 100,000 residents, almost double the national average.

Nikesha Tilton, gun violence prevention leader for the group Moms Demand Action, said one key contributor is the lack of gun safety protections and programs. She outlined key areas for improvement:

"A good ecosystem has several parts," Tilton explained. "You would have community violence intervention teams that consist of street outreach workers and also having significant programs for youths."

She noted another key part missing in the state's ecosystem to reduce gun violence is collaboration among community groups. She called attention to the work of the Selma Center for Nonviolence, Truth, and Reconciliation as an example. It has reduced homicides by 50% through its work.

To address the issues, Moms Demand Action, Faith in Action Alabama and other organizations will be hosting a summit at the Old Ship AME Zion Church today from 9 a.m. until 2:30 p.m.

Highlighting the struggle for resources as a significant barrier, Tilton believes the summit will play a critical role in addressing limitations by seeking effective strategies to overcome obstacles.

"Funding, making sure that we're doing the work to have intentional relationship building," Tilton pointed out. "Those are two barriers. There's also legislation that could be put in place. "

Tilton hopes the summit will shed light on other avenues to reduce gun violence, such as mental health services, hospital intervention and victim compensation. According to Everytown Research, Alabama experiences an average of more than 1,100 gun-related deaths and more than 3,000 injuries per year.