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
Washington: Trigger Modification Ban Passes Committee

Tuesday, January 16, 2018

Washington: Trigger Modification Ban Passes Committee

Earlier today, the Washington state Senate Law & Justice Committee passed Senate Bill 5992 out of committee with a 4-3 vote. As drafted, this legislation has overreaching language that would ban modifications commonly made to ...

Eighteen States, Law Enforcement, Doctors, and Firearm Rights Groups File Amicus Briefs in Lawsuit Challenging California 10+ Magazine Ban

Tuesday, January 16, 2018

Eighteen States, Law Enforcement, Doctors, and Firearm Rights Groups File Amicus Briefs in Lawsuit Challenging California 10+ Magazine Ban

On Friday, January 12, several amicus briefs were filed in the NRA and CRPA supported lawsuit challenging California’s restrictions against magazines capable of holding more than 10 rounds. The lawsuit, titled Duncan v. Becerra, challenges California’s ...

Democrats' Exciting New Hope Adheres to Tired Old Anti-Gun Dogma

News  

Friday, January 12, 2018

Democrats' Exciting New Hope Adheres to Tired Old Anti-Gun Dogma

Democrats searching for a standard-bearer in the 2020 presidential election lit on long-time entertainment, media, and publishing figure Oprah Winfrey this week, following a speech Winfrey gave at a televised Hollywood extravaganza.

Virginia: Gun Control Tops New Governor’s Agenda

News  

Friday, January 12, 2018

Virginia: Gun Control Tops New Governor’s Agenda

This week, Virginia Governor McAuliffe and Governor-Elect Ralph Northam outlined their top priorities for the upcoming legislative session, and highlighted expanded background checks for all firearm sales and other transfers (so-called “universal” background checks) as ...

Indiana: Gun Bills Filed

Saturday, January 13, 2018

Indiana: Gun Bills Filed

With the 2018 Indiana legislative session underway, a number of bills affecting your Second Amendment and hunting rights have been filed.

Washington: CPL Permit Confidentiality Bill Introduced

Wednesday, January 17, 2018

Washington: CPL Permit Confidentiality Bill Introduced

Last week, Washington legislators introduced an NRA-backed bill to protect the private, personal information of Washington's concealed pistol license holders from public records requests.  Senate Bill 6173, sponsored by Senator Dean Takko (D-19), and House Bill ...

Washington: Senate Law & Justice Committee to Hear Anti-Gun Bills Next Monday

Wednesday, January 10, 2018

Washington: Senate Law & Justice Committee to Hear Anti-Gun Bills Next Monday

On Monday, January 15th at 10:00AM, the Senate Law & Justice Committee is scheduled to hear multiple anti-gun bills.  Testimony will be limited during the hearing, so all NRA members and Second Amendment supporters are strongly ...

Washington: Substitute Versions of Gun Control Bills to Be Heard

Saturday, January 13, 2018

Washington: Substitute Versions of Gun Control Bills to Be Heard

Last night, anti-gun legislators introduced substitute bills for Senate Bill 5444 and Senate Bill 5463.  These substituted versions will replace the original bills that are scheduled for a public hearing on Monday, January 15th. NRA remains opposed ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Washington: House Judiciary to Hear Gun Control Bills

Thursday, January 18, 2018

Washington: House Judiciary to Hear Gun Control Bills

On Thursday, January 25th at 1:30PM, the House Judiciary Committee is scheduled to hear several sweeping gun control bills.  NRA Members and Second Amendment supporters are strongly encouraged to attend the committee hearing to voice your opposition ...

MORE TRENDING +
LESS TRENDING -
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.