Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida: URGENT TAKE ACTION: Take Back the Right of "Innocent Until Proven Guilty"

Saturday, November 14, 2015

DATE: November 14, 2015
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President

 

HB-169 Burden of Proof  by Rep. Dennis Baxley is scheduled to be heard in the House Criminal Justice Committee on Tuesday, November 17, 2015, at 9:00AM.

HB-169 Burden of Proof restores the Stand Your Ground law to the original intent of the Legislature by putting the burden of proof BACK ON THE STATE where it belongs. 

If you own a gun and you ever have to use it to protect yourself or your family and -- you think, because of the Castle Doctrine/Stand Your Ground law, that the law is on your side, think again.  The Legislature gave you protection in 2005, but prosecutors and the courts have taken it away.

In 2005, the Legislature passed a self-defense law that gives immunity from arrest, detaining in custody, charging and prosecuting -- until and unless an investigation by the state reveals there is probable cause to believe the act was not lawful self-defense. 

Prosecutors and the courts didn't like it so they created a special "Stand Your Ground" hearing that forces victims who fight back against criminals to prove they are innocent rather than making the state prove guilt.  This bill stops that and restores the protection the Legislature provided.

It is CRITICAL that you respond by emailing members of the House Criminal Justice Committee.  There are members of this committee who favor prosecutors and the courts INSTEAD OF YOU.

Make no mistake -- a committee member who votes against this bill will be voting against you and your constitutional right of self-defense.

Please EMAIL Committee members IMMEDIATELY and ask them to SUPPORT HB-169 Burden of Proof by Rep. Dennis Baxley

IN THE SUBJECT LINE PUT:  SUPPORT HB-169  Restore Self-defense Rights

(To send your message to all just Block and Copy All email addresses into the "Send To" box)

[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]
[email protected],
[email protected],
[email protected]

Committee members need to hear from YOU  NOW.  Please email Committee Members IMMEDIATELY. 

BACKGROUND:

Your right to a presumption of innocence has been hijacked. 

Without any legal or constitution authority, Florida Courts & Prosecutors have over ridden the Legislature.

They have willfully usurped the authority of the Legislative Branch because they did not agree with the Legislature.  They created a special "SYG" hearing and reversed the burden of proof from the state to the citizen in self-defense cases.  They are forcing victims to prove they are entitled to the Legislature's protection

This bill reverses their self-serving action and restores the Legislature's actions and intent. 

There is clear judicial support for this bill.  Supreme Court Justices Canady and Poltson, in a recent dissenting opinion, made it clear that the majority opinion "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

Additionally, Justice Canady wrote that the majority, "cannot justify curtailing the immunity from trial under the Stand Your Ground law for those individuals whose use of force or threat of force is legally justified under the governing statutory standard."

And Finally, he wrote that these issues, "are a matter for the Legislature to consider and resolve."

This bill restores the Legislature's intent and once again – as it did in 2005 – reigns in the courts and prosecutors who have overstepped their constitutional authority and the Legislature's law.

In 2005, citizens who exercised a constitution right – the right of self-defense – were being prosecuted like criminals.  And courts – through jury instructions which were unsupported by law – were imposing a "duty to retreat" in self-defense cases. 

Courts were actually instructing juries to find victims guilty of a crime if the victim had not tried to run away before fighting back against a criminal attack.   That is an indisputable fact.

To restore the constitutional right of self-defense and to stop this judicial system abuse, the Legislature created a specific, statutory right of immunity for people who defend themselves from attack. 

This bill restores the presumption of innocence and puts the burden of proof back on the state where it belongs.

TRENDING NOW
Virginia: Multiple Gun Control Bills Advance in Senate

Tuesday, January 27, 2026

Virginia: Multiple Gun Control Bills Advance in Senate

On Monday, January 26th, the Senate Courts of Justice Committee advanced a slate of gun control bills targeting semi-automatic firearms, standard capacity magazines, carry rights, home storage, and more.

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

News  

Monday, January 26, 2026

The Stakes are High as U.S. Supreme Court Considers Anti-gun “Vampire Rule”

On Tuesday, Jan. 20, the U.S. Supreme Court held oral arguments in a Second Amendment case that asked whether handgun carry licensees could be presumptively banned from carrying their arms onto publicly accessible private property. 

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

News  

Monday, January 26, 2026

ATF Rewrites Rules for Addicts/Unlawful Drug Users as Supreme Court Case Looms

On Jan. 22, ATF published an interim final rule (IFR) that revises the agency’s approach to determining who is an “unlawful user of or addicted to any controlled substance” and therefore prohibited from owning or receiving firearms ...

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

News  

Monday, January 26, 2026

Commonwealth Countries Continue to Illustrate Folly of Overreach on Guns

As America gets ready to embark on its 250th birthday celebrations, it’s a good time to assess and appreciate how lucky we are, with constitutional protections of speech and gun rights. Nothing puts that into ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Second Amendment Momentum: Quick Takeaways from SHOT Show

News  

Monday, January 26, 2026

Second Amendment Momentum: Quick Takeaways from SHOT Show

Last week’s 48th annual SHOT (Shooting, Hunting, and Outdoor Trade) Show hosted by the National Shooting Sports Foundation (NSSF)) showcased not only the latest and greatest guns and gear, but an invigorated and promising outlook for the Second ...

Virginia: Multiple Gun Control Bills Up in Committee on Monday

Friday, January 23, 2026

Virginia: Multiple Gun Control Bills Up in Committee on Monday

On Monday, January 26th, the Senate Courts of Justice committee will hold a hearing on over a dozen gun control bills, including semi-automatic bans and concealed carry prohibitions. The hearing will begin at 8am.

Grassroots Spotlight – VCDL Lobby Day

News  

Monday, January 26, 2026

Grassroots Spotlight – VCDL Lobby Day

On January 19th, grassroots activists came together in Richmond for the Virginia Citizens Defense League (VCDL) Lobby Day, and it was a resounding success.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

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.