Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Alert! 2 Critically Important Bills on Governor's Desk.

Tuesday, June 6, 2017

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

Two NRA/USF supported bills – both critically important to self-defense rights are now on the Governor's desk awaiting his action.

One, 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 second,  SB-1052 Justifiable Use of Force  by Sen. David Simmons and Rep. Cord Byrd corrects a 2014 drafting error (by a member of the House Criminal Justice Committee Staff) resulting in a requirement that citizens be under attack in their own homes before exercising self-defense – and in some circumstances imposing a duty to retreat from your home before exercising self-defense.

Abusive prosecutors and anti-gun organizations are already working hard trying to get the Governor to veto these bills.  Prosecutors and anti-gun State Attorneys are lobbying the Governor's staff with hysterical predictions and disinformation about the burden of proof and self-defense issues. They conspired to deprive you of your basic fundamental right of innocence until proven guilty, in self-defense cases, and are aggressively fighting to stop the restoration of those rights.

You must help us fight this attack on your self-defense rights. PLEASE contact the Governor immediately.

FIRST, CALL THE GOVERNOR AT 850-717-9418!
URGE HIM TO SIGN SB-128 Burden of Proof and SB-1052 Justifiable Use of Force.

THEN, SEND the Governor an EMAIL to be sure he knows why this is important. In the subject line put: PLEASE sign Self-defense bills SB-128 and SB-1052

Use the following email address to contact the Governor:

Rick.Scott@eog.myflorida.com

BACKGROUND:

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. 

https://youtu.be/Xrl7kUxnceo


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

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


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 Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

News  

Friday, August 17, 2018

NRA Wins Lawsuit in Washington State, Prevents I-1639 From Appearing on Ballot

The Thurston County Superior Court today ruled in favor of the National Rifle Association and ordered a writ of mandamus to prevent I-1639 from appearing on the ballot. The judge agreed the signature sheets did ...

No NRA Members Need Apply

News  

Friday, August 17, 2018

No NRA Members Need Apply

Like most people, we understand that educational institutions and staff tend to lean left. The degree and intensity of the bend varies across universities, but a leftward orientation is actually expected today. We’re aware that ...

Outrage of the Week: Shopify Targets America's Guns

News  

Wednesday, August 15, 2018

Outrage of the Week: Shopify Targets America's Guns

Hundreds of firearms retailers may have to close soon because a powerful Canadian tech company, Shopify, recently decided it was anti-gun and issued an ultimatum: Do business our way or not at all.

Fake Blues: The Media’s Worst Enemy Isn’t the President, It’s Themselves

News  

Friday, August 17, 2018

Fake Blues: The Media’s Worst Enemy Isn’t the President, It’s Themselves

On Thursday, over 300 media outlets joined in a coordinated effort to push back against President Donald Trump. That will hardly come as a shock to many Americans, as it seems mainstream news organizations have done little ...

Canada: Montreal to Endorse Nationwide Handgun Ban, Police Content with Current Laws

News  

Gun Laws  

Friday, August 17, 2018

Canada: Montreal to Endorse Nationwide Handgun Ban, Police Content with Current Laws

Politicians from the largest city in the Canadian gun control stronghold of Quebec plan to put their weight behind a raft of severe gun restrictions next week. According to a report from Radio Canada International, the Montreal City ...

Shopify Targets Law-Abiding Firearm Businesses

Gun Laws  

News  

Friday, August 17, 2018

Shopify Targets Law-Abiding Firearm Businesses

This week, Canadian e-commerce host Shopify changed their company’s firearm policy with disastrous effects for law-abiding U.S. gun businesses that use their e-commerce services. Shopify’s abrupt overnight decision to block the sale of specific firearms ...

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

News  

Friday, August 10, 2018

King County Unveils “Common Sense” Action Plan: Ban “Semi-automatic, High Velocity Weapons”

In a July 23rd op-ed, Joe McDermott, the Council Chair of King County, Washington, introduced a multi-prong “King County Gun Safety Action Plan” aimed at reducing gun violence.

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

News  

Friday, August 10, 2018

Divided Appeals Panel Upholds California Ban on Post-2013 Pistols

Imagine if California, to combat what the legislature considered the serious problem of manmade global warming, required all new vehicles sold by car dealers in the state to run on grass clippings, rather than fossil ...

NoFundMe: NRA Protest March Nets $70 in National Fundraising Effort

News  

Friday, August 10, 2018

NoFundMe: NRA Protest March Nets $70 in National Fundraising Effort

Crowd funding is a relatively recent innovation that allows a person or cause to leverage the vast reach of the Internet to raise money for virtually every imaginable purpose. Even small donations of a few ...

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.