Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Action Report! 3 Big WINS for Gun Owners as Session Ends

Monday, May 8, 2017

DATE: May 8, 2017
TO: USF & NRA Members and Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President

Three important bills passed this session and are headed for the Governor's desk:

SB-128 Burden of Proof by Sen. Rob Bradley (and 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. The bill was amended by the House to lower the standard of evidence in the immunity hearing from "beyond all reasonable doubt" to "clear and convincing."  SB-128 then PASSED the House 74-39 and was sent back to the Senate.  The Senate then PASSED it 22-14.

SB-1052 Justifiable Use of Force by Sen. David Simmons (and Rep. Cord Byrd) is a glitch bill to fix a drafting error made by legislative staff in a 2014 bill dealing with the Castle Doctrine law.  It is a very important bill because the error has been interpreted to mean that a person must be under attack in his/her own home before exercising self-defense. This bill corrects that drafting error. SB-1052 PASSED the House 77-41 and the Senate PASSED it 23-14.

HB-467 CW License Fees by Rep. Jake Raburn (and Sen. Dana Young) is a 56 page Department of Agriculture and Consumer Services agency bill that contains language to reduce the license fees for a Concealed Weapons and Firearms License.  An initial 7-year license fee is reduced from $60 to $55 and a 7-year renewal license is reduced from $50 to $45.  HB-467 PASSED the House 117-0 and PASSED the Senate 35-1

Below is a news article that discusses the closing hours of session (reprinted with permission)



News Service Florida Alert System: 5/5/2017

STAND YOUR GROUND' CHANGE HEADING TO SCOTT

By JIM TURNER
THE NEWS SERVICE OF FLORIDA

THE CAPITAL, TALLAHASSEE, May 5, 2017......... A change to the state's “stand your ground” self-defense law is heading to Gov. Rick Scott after the Senate agreed late Friday to go along with a House proposal.

The House and Senate both wanted to change the law but had clashed on a legal issue in the bill (SB 128).

But with time running out in the legislative session Friday, the Senate voted 22-14 --- with Tallahassee Democrat Bill Montford joining Republicans in support --- to accept the House proposal.

The move came in exchange for getting the House to accept the Senate's more far-reaching language on a separate measure (SB 436) dealing with religious expression in public schools.

“I thought that it was a reasonable resolution to both matters, and they're both constitutional issues,” said Sen. Rob Bradley, a Fleming Island Republican who sponsored the “stand your ground” bill. “And we wrapped it all up in a bow, and we resolved them both in a satisfactory manner.”

The overall issue stems from a Florida Supreme Court ruling in 2015 that said defendants have the burden of proof to show they should be shielded from prosecution under the "stand your ground" law.

In "stand your ground" cases, pre-trial evidentiary hearings are held to determine whether defendants should be immune from prosecution.

While the House and Senate broadly supported the idea of shifting the burden of proof from defendants to prosecutors in the pre-trial hearings, they differed on a legal standard.

The House proposal said prosecutors in pre-trial “stand your ground” hearings would have to overcome the asserted immunity sought by defendants through "clear and convincing evidence." The Senate fought for a higher standard of proof, known as "beyond a reasonable doubt.

The two chambers needed to reach agreement by Friday, the final scheduled day of the annual legislative session. Lawmakers will meet again Monday to vote on budget-related issues but will not take up other matters.

In the end, the Senate agreed to go along with the “clear and convincing evidence” standard.

Proponents of the bill, which had support from groups such as the National Rifle Association, said shifting the burden of proof would better protect the rights of defendants. But critics argued, in part, that the change would lead to cases ending before all the facts are revealed.

Sen. Jose Javier Rodriguez, D-Miami, said Friday the House version didn't alleviate his concerns about the bill.

“If you talk to prosecutors, they're already gearing up just in case we pass this bill to expend significant amount of resources, in literally every single case where there is violent activity, where they (defendants) can raise this at the pre-trial stage and force the prosecutors to basically put on a trial at the pre-trial stage,” Rodriguez said.

--END--
5/5/2017

 

 

 

 

 

 

 

TRENDING NOW
Stealing Rights and Property in Steel City? Pittsburgh Reportedly Considering Sweeping Gun Control

Thursday, December 13, 2018

Stealing Rights and Property in Steel City? Pittsburgh Reportedly Considering Sweeping Gun Control

The NRA has received copies of what are reported to be draft ordinances being considered by the Pittsburgh City Council to enact sweeping gun control measures within the city.

News Flash: Michael Bloomberg Not a Fan of the First Amendment, Either

News  

Friday, December 14, 2018

News Flash: Michael Bloomberg Not a Fan of the First Amendment, Either

Michael Bloomberg, former NYC mayor and billionaire patron of the Nanny State, may be gearing up for the presidential race in 2020. He gave the idea of running as an independent candidate “serious consideration” in ...

California Department of Justice Releases First Set of Proposed Ammunition Sales Regulations

Friday, December 14, 2018

California Department of Justice Releases First Set of Proposed Ammunition Sales Regulations

Today, the California Department of Justice released the first in a series of regulatory proposals regarding the mandatory background check process when purchasing ammunition, which is scheduled to take effect on July 1, 2019.

Pittsburgh Mayor Declares Intent to Ban Guns in Violation of State Law

News  

Friday, December 14, 2018

Pittsburgh Mayor Declares Intent to Ban Guns in Violation of State Law

Yesterday, we reported that it was likely that sweeping gun control measures would be proposed in Pittsburgh. Today, Pittsburgh Mayor William Peduto held a press conference to propose a trio of anti-gun city ordinances that, if enacted, would constitute ...

Guns and Taxes

News  

Thursday, December 6, 2018

Guns and Taxes

David Hogg wants a federal tax on firearms and ammunition. He has repeatedly broached the idea, including multiple times on Twitter, and only sometimes suggests a use for the tax revenue. Hogg’s tweets on a ...

Washington: Anti-Gun Group Announces 2019 Agenda

Friday, December 7, 2018

Washington: Anti-Gun Group Announces 2019 Agenda

On December 5th, the Alliance for Gun Responsibility, a group backed by out-of-state elites, announced it will pursue its most extreme anti-gun legislative agenda to date during the upcoming 2019 Washington Legislative Session.

Misleading Headlines and the Murder Rate

News  

Friday, December 14, 2018

Misleading Headlines and the Murder Rate

We hear a lot about “fake news.” We regularly see data miscoded and statistics misused. What we have seen several times over the last several months does not really fit any of those categories.

More Proof That Being a “Celebrity” Does Not Make You Smart

News  

Thursday, December 6, 2018

More Proof That Being a “Celebrity” Does Not Make You Smart

In a November 30 tweet, Tom Arnold, famous for being married to Roseanne Barr and making a few really bad movies, has proven that he knows nothing about guns, gun owners or firearm misuse.

Checks and Balances? Massachusetts Executive Branch Flouts Court Orders on Firearms Licenses

News  

Thursday, December 6, 2018

Checks and Balances? Massachusetts Executive Branch Flouts Court Orders on Firearms Licenses

The U.S.’s republican form of governance is predicated on co-equal branches of government that check and balance each other in order to preserve individual liberty. The system does not work when one branch simply ignores ...

“This Hollow Display of Security” – Canada’s Liberal Government Presses for Even More Gun Control

News  

Friday, December 14, 2018

“This Hollow Display of Security” – Canada’s Liberal Government Presses for Even More Gun Control

Speaking in Montreal this month on the anniversary of the 1989 Ecole Polytechnique tragedy, Canadian Prime Minister Justin Trudeau confirmed his government’s plans to further restrict legal access to handguns and “assault weapons” and refused to rule ...

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.