ALEC: The Hidden Player Behind ‘Stand Your Ground’ Laws

The tragic death of Trayvon Martin – the 17 year old African American who was slain while walking down the sidewalk of a gated community – has shocked the nation, and has drawn international attention to the role of race relations in America.

The tragedy has also shed light on Florida’s "Stand Your Ground" law, which expands the legal justifications for "justifiable homicide" – and which is key to the "self-defense" claims of Trayvon’s alleged shooter, George Zimmerman. This "Stand Your Ground" law, signed into Florida statutes in 2005, became a model for legislation pushed by the corporate-backed American Legislative Exchange Council (ALEC), and with ALEC’s help has since been replicated in states across the country.

On April 26th, 2005, Florida became the first state in the nation to pass "Stand Your Ground" legislation, which expanded the circumstances under which the use of deadly force for self-defense is considered justifiable. Under the so-called "Castle Doctrine," a person’s right to defend themselves from attack in their own home has traditionally been recognized and typically in such circumstances the burden falls on the individual to prove that the use of force is reasonable. Under the expanded “Stand Your Ground” laws, the permissible use of deadly force for self-defense expands beyond the home, into spaces including personal vehicles and even public places, and the burden of showing that the use of force was unreasonable falls on the prosecution. It is such provisions which are apparently complicating the current investigations in the Martin shooting.

"Stand Your Ground" laws have been popping up around the country in recent years (24 states currently have them on the books) – and that’s no coincidence. Just as we have seen with the proliferation of Voter-ID laws, the force behind the trend is ALEC, the American Legislative Exchange Council, the corporate-funded front group that has helped advance the most extreme laws adopted by state legislatures, from SB 1070 in Arizona to SB 5 in Ohio.

Again and again, we’ve seen corporations use ALEC to push laws that put profits above the wellbeing of ordinary people. In the case of “Stand Your Ground” legislation, the weapons industry and ALEC have advocated for a law that encourages more people to carry weapons, thereby increasing industry profits.

The National Rifle Association (NRA) is a prominent member of ALEC, and has used its influence within the organization to push pro-gun policies across the country. In 2008, ALEC employee Michael Hough appeared on NRA News to talk about ALEC’s amicus brief in support of the NRA’s position in District of Columbia v. Heller. Hough described ALEC as a “very pro-Second Amendment organization,” and also stated, “Some of the things we were pushing in states was the Castle Doctrine [the name for ALEC’s model bill], we worked with the NRA with that, that’s one of our model bills that we have states introduce, and another one was the emergency powers legislation which was enacted in a couple states.”

Despite their grassroots image, the NRA is far from being simply a grassroots organization. An extensive report by the Violence Policy Center documents how gun companies bankroll the NRA through their many opportunities to sponsor NRA programs and make direct contributions to the organization:

Since 2005, corporations—gun related and other—have contributed between $19.8 million and $52.6 million to the NRA as detailed in its Ring of Freedom corporate giving program.1 In a promotional brochure for the program, NRA Executive Vice President Wayne LaPierre promises that the “National Rifle Association’s newly expanded Corporate Partners Program is an opportunity for corporations to partner with the NRA....This program is geared toward your company’s corporate interests.” The vast majority of funds—74 percent—contributed to the NRA from “corporate partners” are members of the firearms industry: companies involved in the manufacture or sale of firearms or shooting-related products. Contributions to the NRA from the firearms industry since 2005 total between $14.7 million and $38.9 million.

That corporate funding helps to explain why the NRA has the means to donate, for example, $25,000 to ALEC in 2011 to achieve "Vice-Chairman" level sponsorship for ALEC’s annual conference. It also explains why NRA lobbying efforts are so important to their mission, since the laws they lobby for enrich the financial funders of the organization.

Unfortunately, until we change it, the ALEC model is working – for the corporations that fund the network. Florida’s "Stand Your Ground" legislation and ALEC’s model bill contain identical language, which has now been introduced in states across the country.

Those who aren’t served by this system are the American people. When politicians enact ALEC legislation that benefits corporations, real people suffer the consequences. The results are tragic:

 

(Source:  Data issued by the Florida Department of Law Enforcement)

 

PFAW Foundation
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