Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

ALERT! Opinion by Liberals on Florida Supreme Court is Anti-Self-Defense

Thursday, July 16, 2015

ALERT! Opinion by Liberals on Florida Supreme Court is Anti-Self-Defense

DATE:  July 16, 2015
TO:       USF & NRA Members and Friends
FROM: Marion P. Hammer
              USF Executive Director
              NRA Past President

Judicial activism is alive and flourishing on the Florida Supreme Court.  And the victim of this activism is the Second Amendment and our fundamental right of self-defense.

On Thursday, July 9, 2015, liberals on the Florida Supreme Court issued an opinion in a self-defense case that clearly has a chilling effect on the constitutional right of self-defense and the immunity from prosecution for exercising self-defense provided by the Legislature in the "Castle Doctrine/Stand Your Ground" law.  The presumption of innocence until proven guilty has been turned on its head.

Rather than follow the intent of the Legislature, the Court chose to rewrite the law to achieve its own policy goals.

In the Opinion Justice Pariente, who was joined by Justices Labarga, Quince, Perry and Lewis, defiantly said:

"We conclude that placing the burden of proof on the defendant to establish entitlement to Stand Your Ground immunity by a preponderance of the evidence at the pretrial evidentiary hearing, rather than on the State to prove beyond a reasonable doubt that the defendant's use of force was not justified, is consistent with this Court's precedent and gives effect to the legislative intent."

In a dissenting opinion in which Justice Ricky Poltson concurred, Justice Charles Canady correctly wrote:

"By imposing the burden of proof on the defendant at the pretrial evidentiary hearing, the majority substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

The entire majority opinion and the dissenting opinion is here:

"By imposing the burden of proof on the defendant at the pretrial evidentiary hearing, the majority substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

The entire majority opinion and the dissenting opinion is here:

http://www.floridasupremecourt.org/decisions/2015/sc13-2312.pdf

Below is a link to an example of how others see this egregious opinion

Here’s What the Legislature Should Do After Bretherick by Greg Newburn, FAMM State Policy Director posted to FAMM.org on July 10, 2015

TRENDING NOW
DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

News  

Monday, May 16, 2022

DHS “Misinformation Governance Board” Could Seek to Sway Gun Debate

In late April, Alejandro Mayorkas, Secretary of the Department of Homeland Security (DHS), made a bizarre announcement during a congressional hearing that DHS was forming what it called a “Mis- and Disinformation Governance Board.” The statement came ...

Follow the Science, Unless it Leads Where You Don’t Want to Go

News  

Monday, May 16, 2022

Follow the Science, Unless it Leads Where You Don’t Want to Go

Researchers in California have published the results of a study evaluating the effectiveness of so-called “gun violence restraining orders” (a.k.a. “extreme risk protection orders” or “red flag” orders). Assembly Bill 1014, was enacted in California in ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

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.

NRA-ILA Spring 2022 Litigation Newsletter

News  

Friday, May 13, 2022

NRA-ILA Spring 2022 Litigation Newsletter

NRA-ILA’s Office of Litigation Counsel has been busy fighting for our members’ rights in courtrooms across the country. ILA has filed new cases, continued the fight in many existing cases, and scored some good wins. ...

Illinois: General Assembly Passes “Ghost Gun” Ban

Monday, April 11, 2022

Illinois: General Assembly Passes “Ghost Gun” Ban

On Friday, the House Judiciary Committee held a subject matter hearing on House Bill 4383 Senate Floor Amendment 2, to ban individuals from making their own firearms for personal use, and voted to advance the measure. ...

Georgia: Gov. Kemp Signs Constitutional Carry

Tuesday, April 12, 2022

Georgia: Gov. Kemp Signs Constitutional Carry

Today, Governor Brian Kemp signed Senate Bill 319, constitutional carry, into law. Georgia is now the 25th constitutional carry state, and the fourth to join that group in 2022. Half of the country now recognizes the right ...

Grassroots Spotlight: Remembering Michael Omatsu

Wednesday, May 11, 2022

Grassroots Spotlight: Remembering Michael Omatsu

The term "I am the NRA" speaks truth and strength to those special NRA members that choose to be strong advocates in their communities. Michael Omatsu was a passionate NRA-ILA FrontLines Activist Leader (FAL) who went ...

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Wednesday, May 18, 2022

New Jersey: “Mandatory Jail” Bill Scheduled for Senate Hearing Thursday

Tomorrow at 10:00 a.m., the Senate Law & Public Safety Committee is scheduled to consider S.513, legislation which would create a rebuttable presumption of no bail for gun offenses.

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Monday, June 30, 2014

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.

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.