Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Action Report! Gov. Rick Scott has SIGNED SB-128 & SB-1052

Saturday, June 10, 2017

Florida Action Report! Gov. Rick Scott has SIGNED SB-128 & SB-1052

 

DATE: June 10, 2017
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
  USF Executive Director
  Past NRA President

 

Early yesterday evening, Friday, June 9th, Governor Rick Scott SIGNED INTO LAW the two critically important self-defense bills we have been urging him to sign. 


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.
SB-128 took effect IMMEDIATELY.

When prosecutors and judges use procedures to circumvent the rights of law-abiding people and the will of the Legislature, it cannot be tolerated. 

Procedures do not have the weight of law and now the Legislature and the Governor have erased these abusive procedures in self-defense cases and have legislatively made sure these self-defense rights are reinstated.  Pending cases should have the retroactive benefit of the Legislature and the Governor erasing these malicious procedures.

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.

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
President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

News  

Thursday, May 12, 2022

President Donald J. Trump to Address NRA Members at the 2022 NRA Annual Meetings and Exhibits in Houston, Texas

Former President Donald J. Trump will headline the 2022 NRA-ILA Leadership Forum on May 27, at the George R. Brown Convention Center in Houston.

“[A]ll We Need You to Do is Give us the Gun”: U.K. Launches National Firearm Surrender Campaign

News  

Monday, May 23, 2022

“[A]ll We Need You to Do is Give us the Gun”: U.K. Launches National Firearm Surrender Campaign

On March 12, a two-week campaign was launched in the United Kingdom to encourage subjects of Her Majesty the Queen to surrender firearms, ammunition, weapons, and any other object even vaguely reminiscent of a gun ...

NRA Statement Ahead of 2022 NRAAM

News  

Wednesday, May 25, 2022

NRA Statement Ahead of 2022 NRAAM

The National Rifle Association released the following statement on Wednesday, May 25

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

Hunter Biden Incident Shows that Gun Laws are for the Little People

News  

Monday, April 5, 2021

Hunter Biden Incident Shows that Gun Laws are for the Little People

There is a central hypocrisy at the heart of the gun control effort.

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.

ATF Partners with Anti-gun Researchers to Expand Agency’s Power

News  

Monday, May 23, 2022

ATF Partners with Anti-gun Researchers to Expand Agency’s Power

On May 17, the Department of Justice announced the release of a Bureau of Alcohol, Tobacco, Firearms and Explosives publication titled the National Firearms in Commerce and Trafficking Assessment (NFCTA). The report is the result of the ...

News  

Friday, February 15, 2013

Semi-Automatic Firearms and the “Assault Weapon” Issue Overview

Semi-automatic firearms were introduced more than a century ago. The first semi-automatic rifle was introduced in 1885, the first semi-automatic pistol in 1892, and the first semi-automatic shotgun in 1902. Semi-automatics account for about 20 ...

Georgia: Gov. Kemp Signs Constitutional Carry

Tuesday, April 12, 2022

Georgia: Gov. Kemp Signs Constitutional Carry

Today, Governor Brian Kemp signed Senate Bill 319, constitutional carry, into law. Georgia is now the 25th constitutional carry state, and the fourth to join that group in 2022. Half of the country now recognizes the right ...

Choke Point “Lite”

News  

Monday, May 23, 2022

Choke Point “Lite”

Ten years ago, the Obama Administration introduced “Operation Choke Point,” a program to weaponize the banking industry and financial service providers against certain lawful businesses and merchants. Implemented by Eric Holder’s Department of Justice and ...

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.