Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Urgent Alert! YOUR HELP NEEDED! Self-Defense Bill Up in House Criminal Justice 2/22/2017

Friday, February 17, 2017

 

DATE: February 17, 2017
TO: USF & NRA Members & Friends
FROM: Marion P. Hammer
  USF Executive Director
  Past NRA President

We urgently need your help.  Our critically important self-defense bill will be heard by the House Criminal Justice Committee on Wednesday, February 22, 2017, between 8:30-10:30am.

HB-245 by Rep. Bobby Payne 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 activist judges reversed it.

Go to this link and watch the powerful 
1 minute 38 second testimony of the elected Public Defender from the 8th Judicial Circuit, Stacy Scott representing the Florida Public Defenders Association.  Then PLEASE Email Legislators immediately.

https://youtu.be/Xrl7kUxnceo


Please EMAIL the following House members IMMEDIATELY and URGE them to SUPPORT HB-245

IN THE SUBJECT LINE PUT:  SUPPORT HB-245 in House Criminal Justice  Committee

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

Ross.Spano@myfloridahouse.gov,
Julio.Gonzalez@myfloridahouse.gov,
Sharon.Pritchett@myfloridahouse.gov,
Ramon.Alexander@myfloridahouse.gov,
Thad.Altman@myfloridahouse.gov,
Dane.Eagle@myfloridahouse.gov,
James.Grant@myfloridahouse.gov,
Gayle.Harrell@myfloridahouse.gov,
Chris.Latvala@myfloridahouse.gov,
Jared.Moskowitz@myfloridahouse.gov,
Dan.Raulerson@myfloridahouse.gov,
David.Richardson@myfloridahouse.gov,
Bob.Rommel@myfloridahouse.gov,
Emily.Slosberg@myfloridahouse.gov,
Jennifer.Sullivan@myfloridahouse.gov

These House 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. 

Just in case you haven't seen it, go here to watch the video of Senate President Joe Negron explaining why this bill is important.

https://m.youtube.com/watch?v=opv_hIqcngs&feature=youtu.be

 

 

 

 

 

 

 

TRENDING NOW
Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Tuesday, June 19, 2018

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Today, the Pennsylvania House Judiciary Committee passed House Bill 2227, legislation that creates so-called “extreme risk protection orders” whereby a hearing would be held, firearms would be seized and constitutional rights suspended with little to no due ...

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Monday, June 18, 2018

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Tomorrow, the Pennsylvania House Judiciary Committee is scheduled to consider several gun control bills that would only punish law-abiding gun owners.

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

Wednesday, June 20, 2018

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

This morning, the House Judiciary Committee continued its push for gun control by passing House Bill 1872, legislation which would ban many firearm accessories.

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

Friday, June 15, 2018

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

The Supreme Court struck down a Minnesota law that forbade voters from wearing “political insignias” at polling places after the law was challenged by a voter who was told he must remove or cover his ...

Delaware: Contact Your Senator Immediately in Opposition to Gun Ban Legislation

Friday, June 15, 2018

Delaware: Contact Your Senator Immediately in Opposition to Gun Ban Legislation

On Tuesday, June 19, the Delaware Senate could consider legislation (Senate Bill 163) that would ban commonly owned semi-automatic firearms in Delaware.

D.C. Area Witches Unite for Gun Control, Hurl Curses at the NRA

News  

Friday, June 15, 2018

D.C. Area Witches Unite for Gun Control, Hurl Curses at the NRA

Gun control advocates can now boast of a new group of allies joining their dubious coalition: witches. It kind of makes sense. We all know that gun control is based mainly on magical thinking. Its advocates, after ...

News  

Thursday, June 21, 2018

NRA Backs Motion to Halt New Jersey Magazine Ban

NRA is backing a motion filed in the U.S. District Court of New Jersey to halt the enforcement of New Jersey's ban on so-called “high-capacity” magazines until the court rules on the underlying case. 

Oregon: Gun Control Proponents Suspend Attempts to Qualify Initiative Petition 44

Hunting  

Wednesday, June 20, 2018

Oregon: Gun Control Proponents Suspend Attempts to Qualify Initiative Petition 44

Earlier today, the proponents for Initiative Petition 44 announced they are suspending their campaign for the year and will no longer seek to place the initiative on the November ballot.

The Rolling Stone Continues its Inaccurate Anti-NRA Reporting

News  

Friday, June 15, 2018

The Rolling Stone Continues its Inaccurate Anti-NRA Reporting

It is by no means a closely held secret that Rolling Stone magazine has aggressively promoted an anti-gun agenda for many decades.  It started in 1980, with the death of John Lennon at the hands of ...

California Farmer Has Guns Confiscated and Faces Felony Charges After Trying to Register Rifle

News  

Gun Laws  

Friday, June 8, 2018

California Farmer Has Guns Confiscated and Faces Felony Charges After Trying to Register Rifle

California residents attempting to comply with the Golden State’s ever-increasing swamp of firearms laws and regulations should take warning. According to a report out of Bakersfield, a good faith effort to obey the state’s labyrinthine ...

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.