Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida: Report on SB-448 -- Threat of Force to Stop Attackers

Friday, January 10, 2014

DATE:   January 10, 2014
TO:        USF & NRA Member and Friends
FROM:  Marion P. Hammer
              USF Executive Director
              NRA Past President

Senate Bill 448 by Senator Greg Evers was on the agenda for the Senate Criminal Justice Committee Meeting on Wednesday, January 8 at 9:00am.

SB-448 PASSED the Committee by a vote of 5 to 0.

SB-448 by Senator Greg Evers is a bill to stop abusive prosecutors from using 10-20-LIFE to prosecute people who, in self-defense, threaten to use deadly force against an attacker as a means to stop an attack. 

Some anti-gun, anti-self-defense prosecutors have been abusing the 10-20-LIFE law to prosecute average citizens who displayed a weapon or gun in self-defense to make an attacker back off. 

Bill Cervone, the State Attorney for the 8th Judicial Circuit represented the Florida Prosecuting Attorneys Association, attempted to defend prosecutors who have been violating the intent of 10-20-Life and abusing their discretion.

As reported by the News Service of Florida, the following misleading statement was made to the Committee in testimony by
State Attorney Bill Cervone:

"If somebody is in prison for one of these situations, it's because a judge and a jury rejected his version claiming self-defense."

We know that statement is not accurate.  Unfortunately, there are also people in prison because prosecutors threatened them with 10 or 20 years if they did not plead to a lesser number of years.  That is coercion and abuse in these cases.

The threat of extreme mandatory sentences coerces innocent people into pleading -- even if not to prison, to a felony crime with probation.  This is especially true for citizens who have too much to lose (job, house, family) to risk going to trial.

Further, in some cases people have been convicted and imprisoned as a result of improper jury instructions.  And Greg Newburn of FAMM reports that approximately 1/3 of these self-defense cases where people are being wrongly charged with aggravated assault under 10-20-Life for exercising lawful self-defense, result in judges throwing the cases out of court or juries acquitting these people who were wrongfully prosecuted.

 Click here to view a news article in The Florida Times-Union by Matt Dixon titled, Hearing on “warning shot” bill sparks spat between Greg Evers, prosecutor, that describes the dispute "spat" between Committee Chairman Greg Evers and Cervone over Cervone's statements.

TRENDING NOW
DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

Let My Cans Go: Trump Administration Adds Sound Suppressors to Export Reform

News  

Monday, July 27, 2026

Let My Cans Go: Trump Administration Adds Sound Suppressors to Export Reform

Eight years ago, NRA filed comments in support of the Trump Administration’s plan to reform exports of firearms and ammunition – as well as their parts, components, and accessories. 

“Hell, No!” to Beto 2.0

News  

Monday, July 27, 2026

“Hell, No!” to Beto 2.0

Remember “Beto” O’Rourke and his runs for political office, hellbent on gun control?  

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

Friday, July 24, 2026

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, Maryland Shall Issue, California Rifle & Pistol Association, Minnesota Gun Owners Caucus, Second Amendment Law Center, Citizens Committee for the Right to Keep and Bear Arms, ...

Grassroots Spotlight: NRA 2A Day at Target Center, San Juan, Puerto Rico

Take Action  

Monday, July 27, 2026

Grassroots Spotlight: NRA 2A Day at Target Center, San Juan, Puerto Rico

NRA–ILA FrontLines activist Carmen Fontanez, held her most recent “NRA 2A Day” event in Puerto Rico, at Target Center in San Juan. 

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

Thursday, July 23, 2026

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

The NRA, along with our partners including the Sportsman’s Alliance of Maine and Safari Club International have put the State of Maine on notice that, on behalf of all of our members, the Association intends ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.