Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Urgent Alert! Burden of Proof Bill up in Senate Rules on Thursday, 2/9/2017

Monday, February 6, 2017

 

DATE: February 6, 2017
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President


The critical self-defense bill/burden of proof bill will be heard by the Senate Rules Committee on Thursday, February 9, 2017, between 10:00am-12:00 noon.

SB-128 Burden of Proof by Sen. Rob Bradley restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs. 

CONTRARY to what some of the media and antigun legislators have tried to claim,
this bill is NOT an expansion of the Stand Your Ground law. This bill only puts the burden of proof back on the state where it belongs and where it was before some antigun prosecutors and judges reversed it.

To nullify parts of the Castle Doctrine/Stand Your Ground law they didn't like, some antigun prosecutors/state attorneys and judges conspired to circumvent the law.

Through court action, prosecutors and judges reversed key provisions of the self-defense law.  They created a special "Stand Your Ground" court hearing that forces the person who acted in self-defense to prove innocence rather than the state prove guilt.  In other words, victims who defend themselves are now being treated like criminals.

Prosecutors apparently think it's all about them; what they want; what is convenient for them.  They are willing to put law-abiding citizens at a disadvantage to make their jobs easier.  Some prosecutors and State Attorneys have become more interested in convictions rather than justice. 

This bill stops that and puts the law back to the original intent of the Legislature and protections they put in law.

Watch this video of Senate President Joe Negron explaining why this bill is important. THEN follow the instructions below and contact Judiciary Committee members. https://m.youtube.com/watch?v=opv_hIqcngs&feature=youtu.be

Please EMAIL the following Senate members IMMEDIATELY and URGE them to SUPPORT SB-128

IN THE SUBJECT LINE PUT:  SUPPORT SB-128 in Senate Rules Committee

(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]

These Senate Committee members need to hear from you.  Please email them IMMEDIATELY.

BACKGROUND ON BURDEN OF PROOF:

In 2005, people who exercised self-defense were being prosecuted like criminals and courts – with no legislative authority – were imposing  a "duty to retreat" in self-defense cases. 

Courts were instructing juries to find victims guilty if the victim had not tried to run away before fighting back against a criminal attack.

So the Legislature took action to restore the constitutional right of self-defense and created a specific, statutory right of immunity for people who defend themselves from attack.

That law prohibits arresting, detaining in custody, charging and prosecuting unless and until an investigation reveals there is probable cause to believe the act was not lawful self-defense.

But some prosecutors and judges didn't like it so they found a way to usurp the law and bypass the intent of the Legislature. 

With no legislative authority, they created a special "Stand Your Ground" hearing and reversed the burden of proof from the state to the victim.   Through case law, they changed a legislative law they didn't like.

They effectively created the presumption of guilt for the exercise of self-defense.

After conspiring to create an extra hearing in self-defense cases, prosecutors are now arguing that it would be "too much work for them" if  the State has the burden of proof in this additional hearing and they actually have to prove their cases.

And in July, 2015, the majority of the Florida Supreme Court found that victims SHOULD have the burden of proof and prove they are "entitled to immunity provided by the Legislature."   It is an outrageous opinion.

Supreme Court Justice Charles Canady and Justice Ricky Poltson strongly objected and in dissenting opinion, Canady wrote that the majority opinion, "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

Further, he wrote that the majority "cannot justify curtailing the immunity ..." And that this problem is a matter for the Legislature to resolve. 

In other words it's up to the Legislature to put it back.  This bill fixes it.  It places the burden of proof back on the state where it belongs.  And it restores the right of the presumption of innocence and the right of self-defense.  

TRENDING NOW
NRA Wins Supreme Court Case, NYSRPA v. Bruen

News  

Second Amendment  

Thursday, June 23, 2022

NRA Wins Supreme Court Case, NYSRPA v. Bruen

The National Rifle Association (NRA) welcomes the Supreme Court’s decision in NYSRPA v. Bruen. The Court affirmed that the right to bear arms does not stop at a person’s front door. This is the most ...

Treachery! White House Moves to Strangle U.S. Ammunition Supply

News  

Thursday, June 16, 2022

Treachery! White House Moves to Strangle U.S. Ammunition Supply

Last night, news broke that the Biden Administration is taking behind-the-scenes steps to further strangle the already constricted market for ammunition in the United States. The move could result in a reduction of the commercial production ...

Supreme Court Gets it Right, Congress Gets it Wrong

Friday, June 24, 2022

Supreme Court Gets it Right, Congress Gets it Wrong

On Thursday, SCOTUS released a historic decision in the NYSRPA v. Bruen case when they found the Second Amendment protects the right of law-abiding Americans to carry a firearm outside of the home. Despite the hysteria from ...

NRA Announces Opposition to Senate Gun Control Legislation

News  

Tuesday, June 21, 2022

NRA Announces Opposition to Senate Gun Control Legislation

This legislation can be abused to restrict lawful gun purchases, infringe upon the rights of law-abiding Americans, and use federal dollars to fund gun control measures being adopted by state and local politicians.

Gun Control Package Passes U.S. Senate; House Vote Imminent

Thursday, June 23, 2022

Gun Control Package Passes U.S. Senate; House Vote Imminent

On Thursday, the U.S Senate passed a sweeping package of gun control measures. The text of the legislation was only unveiled Tuesday evening. And while much of the 80-page bill did indeed seek to address ...

Delaware: Gun & Mag Bans Going to Gov. Carney

Friday, June 17, 2022

Delaware: Gun & Mag Bans Going to Gov. Carney

Last night, the House passed Senate Bill 6, to ban many standard capacity magazines in common use, sending it to Governor John Carney’s desk. The Senate passed House Bill 450, to ban many commonly-owned firearms, and ...

Federal Judge Rules Against New Jersey and In Favor of Retired Officers In LEOSA Case.

Wednesday, June 22, 2022

Federal Judge Rules Against New Jersey and In Favor of Retired Officers In LEOSA Case.

Back in 2020, a coalition of retired federal law enforcement officers and the Federal Law Enforcement Officers Association sued the state of New Jersey for not honoring their carry rights under the Law Enforcement Officer ...

Senate Gun Control Package Creates De Facto Waiting Periods

News  

Wednesday, June 22, 2022

Senate Gun Control Package Creates De Facto Waiting Periods

Most law-abiding Americans over the age of 18 enjoy the right to purchase a firearm from a Federal Firearms Licensee (FFL or gun dealer) following an instant background check through the FBI’s National Instant Background ...

Trudeau Ramps Up War on Lawful Gun Owners

News  

Monday, June 20, 2022

Trudeau Ramps Up War on Lawful Gun Owners

At the end of May – two years after his unilateral imposition of an “assault weapons” ban – Prime Minister Justin Trudeau’s government introduced Bill C-21, a bill that proposes many firearm-related changes, the most significant of which is a ...

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

News  

Tuesday, June 21, 2022

The So-called “Boyfriend Loophole” is About Undermining the Second Amendment

At present, federal law generally bars anyone who is convicted in any court for a domestic violence felony, or any felony for that matter, from possessing firearms. But federal law also imposes a lifetime firearm possession prohibition on ...

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.