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)

carlos.trujillo@myfloridahouse.gov,
charles.mcburney@myfloridahouse.gov,
charles.vanzant@myfloridahouse.gov,
dennis.baxley@myfloridahouse.gov,
Jay.Fant@myfloridahouse.gov,
gayle.harrell@myfloridahouse.gov,
Chris.Latvala@myfloridahouse.gov,
ray.pilon@myfloridahouse.gov,
Scott.Plakon@myfloridahouse.gov,
Ross.Spano@myfloridahouse.gov,
Randolph.Bracy@myfloridahouse.gov
Dave.Kerner@myfloridahouse.gov,
Sharon.Pritchett@myfloridahouse.gov,
Clovis.Watson@myfloridahouse.gov

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
Obama Says Goodbye to America’s Gun Owners with (a Likely Short-lived) Lead Ammo Ban

News  

Friday, January 20, 2017

Obama Says Goodbye to America’s Gun Owners with (a Likely Short-lived) Lead Ammo Ban

Gun owners knew that Barack Obama would not leave quietly. The only question was what else was coming.  

Federal Appeals Court: Chicago Violates Second Amendment … Again

News  

Friday, January 20, 2017

Federal Appeals Court: Chicago Violates Second Amendment … Again

On Wednesday, the U.S. Court of Appeals for the Seventh Circuit found that Chicago had once again violated the Second Amendment, this time with its regulations for gun ranges.

Gun Owners Welcome Donald J. Trump as President of the United States

News  

Friday, January 20, 2017

Gun Owners Welcome Donald J. Trump as President of the United States

Gun owners across the nation breathed a sigh of relief as Donald J. Trump was sworn in Friday morning as the 45th president of the United States.

Web Scraping: A Means to Push the Anti-Gun Agenda

News  

Friday, January 20, 2017

Web Scraping: A Means to Push the Anti-Gun Agenda

You may have read recently about a “breaking analysis” that includes numbers derived from a “mass shooting tracker,” which purports to present to the world, real world cases in which mass shootings have occurred.  One ...

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Thursday, January 19, 2017

New Hampshire: Constitutional/Permitless Carry Bill Passes Senate!

Today, Senate Bill 12, legislation eliminating the requirement to obtain a permit in order to lawfully carry, passed the Senate without amendment, by a 13-10 vote.  SB 12 will now go to the House of ...

New York Times Relies on Gun Prohibitionist Propaganda, Stigmatizes Suicide

News  

Friday, January 20, 2017

New York Times Relies on Gun Prohibitionist Propaganda, Stigmatizes Suicide

In a December 5, 2015, front page editorial, the New York Times finally admitted what discerning readers had long understood – that the paper advocates the prohibition and confiscation of certain types of now-lawfully possessed firearms. ...

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

News  

Friday, January 13, 2017

Your Members of Congress Need to Hear from You on the Hearing Protection Act of 2017

On Monday, Sen. Mike Crapo (R-ID) – joined by co-sponsors Sens. Jerry Moran (R-KS) and Rand Paul (R-KY) – introduced S. 59, the Hearing Protection Act of 2017 (HPA). Similar legislation was introduced in the ...

Alert: WA State Proposes Draconian Gun Ban Bills

News  

Friday, January 13, 2017

Alert: WA State Proposes Draconian Gun Ban Bills

Inspired, perhaps, by Oscar Wilde (“Moderation is a fatal thing. Nothing succeeds like excess”), Washington State Attorney General Bob Ferguson has announced two new sweeping gun control bills, with Sen. David Frockt (D-Seattle) and Rep. ...

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

News  

Friday, January 13, 2017

National Concealed Carry Reciprocity Lies and the Lying Liars Who Tell Them

On January 3rd, Congressman Richard Hudson (R-N.C.8th) introduced H.R. 38, the Concealed Carry Reciprocity Act of 2017, which simply allows lawful firearm carriers from any state to carry a concealed firearm in any other state. The bill ...

Thursday, January 19, 2017

Florida Urgent Alert! Self-defense Bill up in Senate Judiciary on Tuesday 1/24/2017

A critical self-defense bill will be heard by the Senate Judiciary Committee on Tuesday, January 24, 2017, between 2:00-4:00pm.  SB-128 Burden of Proof by Senator Rob Bradley restores the presumption of innocence in self-defense cases ...

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.