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
Gun Grabbers Demand Unprecedented “Executive Actions”

News  

Monday, November 23, 2020

Gun Grabbers Demand Unprecedented “Executive Actions”

Biden was supposedly the point man for the gun control push Barack Obama launched during his second term. Obama has made a point of repeatedly emphasizing how lack of “progress” on gun control was the most frustrating and anger-inducing aspect ...

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.

ATF Continues Rogue Assault on Common Pistols, Rule of Law

News  

Monday, November 2, 2020

ATF Continues Rogue Assault on Common Pistols, Rule of Law

Rogue elements of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) are continuing their assault on certain types of commonly-owned semi-automatic pistols. According to the law firm Wiley, ATF has developed a new interpretation of ...

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

News  

Tuesday, September 8, 2020

Anti-gun Politicians Seek to Tax Your Second Amendment Rights Into Oblivion

In 1819, Chief Justice John Marshall of the U.S. Supreme Court famously wrote:  “the power to tax involves the power to destroy ….”

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

News  

Monday, November 16, 2020

BATFE Leadership Push Biden to Target Pistol Stabilizing Braces and Unfinished Receivers

Just in case anyone needed further proof that much of the federal bureaucracy is more interested in serving themselves and left-wing political interests than public service, news broke this week that rogue elements of Bureau ...

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

News  

Monday, November 2, 2020

Joe Biden and Kamala Harris Want to Destroy the Second Amendment

While discussion of the Second Amendment and gun control have been noticeably absent from the presidential debates and mainstream media coverage, gun rights are without a doubt on the ballot tomorrow.

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.

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Tuesday, November 10, 2020

Record Amount of Gun Control Legislation Introduced on First Day of Bill Pre-Filing for 2021 Texas Legislative Session

Although the 2021 session of the Texas Legislature convenes on January 12, gun control advocates financed by New York billionaire Michael Bloomberg and Beto "Hell Yeah, I'll Take Your Guns" O'Rourke wasted no time in announcing their ...

Gallup: Support for Gun Control has Dropped and It’s Not a Priority for Americans

News  

Monday, November 23, 2020

Gallup: Support for Gun Control has Dropped and It’s Not a Priority for Americans

After a year of COVID uncertainty, civil unrest, and record gun sales, support for further firearms restrictions has reached its lowest point since 2016. Moreover, the data shows that exceedingly few Americans consider additional gun controls the ...

Virginia Gun Ban Agenda 2021: Concealed Carry Under Attack

Monday, November 23, 2020

Virginia Gun Ban Agenda 2021: Concealed Carry Under Attack

Lori Haas, of the so-called Coalition to Stop Gun Violence (CSGV), formerly known as the National Coalition to ban Handguns until 1990, is already working with the office of Attorney General Mark Herring to attack your ...

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.