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:

[email protected]

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
NYSRPA Case Exposes Biden’s Anti-Second Amendment Bias, Vindicates Opposition to Garland

News  

Monday, October 18, 2021

NYSRPA Case Exposes Biden’s Anti-Second Amendment Bias, Vindicates Opposition to Garland

Further evidence of Joe Biden and Attorney General Merrick Garland’s contempt for the Second Amendment has emerged in recent weeks.

The View Doesn’t Appreciate a Right

News  

Monday, October 18, 2021

The View Doesn’t Appreciate a Right

Women, and especially black women, are increasingly buying firearms for self-defense. This reality did not sit well with the hosts of a somehow still-running daytime talk show.

Virginia: Terry McAuliffe Wants to Ban Guns, Register Gun Owners, and Restrict Carry

News  

Monday, October 18, 2021

Virginia: Terry McAuliffe Wants to Ban Guns, Register Gun Owners, and Restrict Carry

Virginians are increasingly exercising their Second Amendment rights. NICS Checks in the commonwealth were up more than 60-percent from 2019 to 2020. From 2019 to 2021 there was a 21-percent increase in the number of ...

Final Brief Filed in Key Second Amendment Case Before Supreme Court of the United States

Friday, October 15, 2021

Final Brief Filed in Key Second Amendment Case Before Supreme Court of the United States

The final reply brief has been filed in the NRA-ILA-supported case challenging New York’s restrictive concealed-carry-licensing regime. This was the final filing before the Supreme Court hears oral arguments on November 3rd.

The Year of the Gun – Record Number of Carry Permits in 2020

News  

Monday, October 18, 2021

The Year of the Gun – Record Number of Carry Permits in 2020

Last year was one for the record books. Not only did gun sales climb to unprecedented highs, but 40 percent of all purchasers were first-time gun buyers, estimated to be some 8.4 million people.

Anti-gunners Launch Campaign to Intimidate U.S. Supreme Court as Second Amendment Case Looms

News  

Monday, October 11, 2021

Anti-gunners Launch Campaign to Intimidate U.S. Supreme Court as Second Amendment Case Looms

For many decades, gun control proponents who saw their fortunes wane in legislatures from coast to coast and who were unable to get traction with Congress could at least console themselves with the thought that ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Biden Administration Bans Importation of Russian Ammunition

News  

Sunday, August 22, 2021

Biden Administration Bans Importation of Russian Ammunition

The Biden Administration’s Department of State announced that it will soon prohibit the importation of Russian ammunition into the United States. According to a release on the Department of State’s website, “[n]ew and pending permit applications ...

DOJ Releases Biden Gun Confiscation Order Legislation

News  

Wednesday, June 9, 2021

DOJ Releases Biden Gun Confiscation Order Legislation

DOJ has made clear that Garland’s selective definition of “civil rights” has no room for the Second Amendment...

California: Governor Newsom Signs Legislation Adding More Restrictions to Gun Shows

Monday, October 11, 2021

California: Governor Newsom Signs Legislation Adding More Restrictions to Gun Shows

Despite lawful gun ownership and gun shows already being highly regulated by California law, Governor Gavin Newsom once again signed legislation targeting law-abiding citizens, while doing nothing to address violent crime. On October 8th, he ...

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.