Mediaboss Marketing

A judge in Florida ruled Monday that the state's updated "stand your ground" law, which required prosecutors to disprove a defendant's self-defense case at pretrial hearings, is unconstitutional, setting up a showdown that could make its way to the state's top court.

Miami-Dade Circuit Judge Milton Hirsch ruled that the amendment to the law allowed lawmakers to overstep their authority, adding that it should have been crafted by the Florida Supreme Court in the first place, The Miami Herald reported.

As a matter of constitutional separation of powers, that procedure cannot be legislatively modified, Hirsch wrote.

The Florida Supreme Court had ruled in 2015 to shift the burden to defendants, requiring them to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

Florida Gov. Rick Scott signed the amended legislation, backed by the National Rifle Association, into effect in June. Prosecutors were vehemently against the updated law because they believed it made it easier for defendants to get away from murder. Prosecutors also had to provide "clear and convincing" evidence that a defendant was not using the force as an act of self-defense.

FLORIDA SEES KILLINGS INCREASE AFTER PASSAGE OF 'STAND YOUR GROUND' GUN LAW, STUDY SAYS

The law was first passed in 2005 and it gave people the right to "shoot first" if they believed their lives were in danger at that moment.

"A person is justified in the use of deadly force and does not have a duty to retreat if: He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself," the Florida law states.

It also gave judges the right to dismiss charges against the defendant if they believed reasonable self-defense was used in the case.

The controversial self-defense law came into the spotlight during George Zimmerman's case in 2012. (AP Photo/TV Pool, File)

In states without the "stand your ground law," people must retreat first before using force.

ACCUSED FLORIDA KIDNAPPER WAS ACTUALLY HELPING LOST CHILD, POLICE SAY

The controversial self-defense law came into the spotlight during George Zimmerman's case in 2012, when the neighborhood watchman shot and killed the unarmed teenager Trayvon Martin in Central Florida.

Zimmerman's attorney argued his client used force because he "reasonably" believed his life was in immediate danger.

Activists in New York City with a cut out photo of Trayvon Martin, in 2013. (AP Photo/Craig Ruttle, File)

A jury ultimately acquitted Zimmerman of second-degree murder.

The Associated Press contributed to this report.

Go here to see the original:
Florida's 'stand your ground' law ruled unconstitutional by judge - Fox News

Please enable Javascript to watch this video

JOHNSTON, Iowa -- New gun laws go into effect on Saturday that include changes to Iowas stand your ground law.

The new law effectively eliminates the duty to retreat before turning to deadly force, and while most gun owners support the law as a whole, there are some concerns over Iowas more relaxed training laws.

It can be a slippery slope because initially Iowa law does not require you to ever hold or handle or learn to shoot a gun to even get a permit to carry a gun to start with, said CrossRoads Shooting Sports Owner Tom Hudson.

That leads to concern over untrained gun owners not being familiar with self-defense laws.

Nowhere in the permit requiring process does it require you to learn legal code in Iowa, said Hudson.

One gun owner expressed concerns that people can reapply for permits without any refresher courses or tests.

If you dont know how to use it, theres no point in having it. Youre putting yourself and everyone else around you in danger. Ive actually had a buddy accidentally shot himself, killed himself because he didnt know how to use the gun. He had his permit to carry and everything. So yeah, totally against that, said gun owner Kurtis Spaur.

Hudson says the changes to the law puts more responsibility on shops like his.

It does absolutely place a responsibility on us to help educate people. Just before you walked up I was helping a young couple select their first firearm for her, that she may want to carry here soon, so that then makes it our duty, and a shop owner's responsibility, in my opinion, to turn around and say, okay, if youre going to actively carry, lets talk about additional resources, said Hudson.

Hudson's shop offers training classes on the ins and outs of the stand your ground law, and says anyone who carries should go through it because there are serious consequences whenever a gun is un-holstered.

If you choose to use deadly force, if you choose to brandish your weapon, to present your firearm, it should only be because there is absolutely no other choice necessary other than defend your life. You cant retreat, you cant de-escalate it, you cant pick up a rock and try to just knock him out of the way and neutralize them to the point of getting away. There should be so many other steps that should be going through your mind. And while this is going to unfold in a matter of seconds, your mind needs to be prepared to operate that quickly. If not, put your gun away and leave it at home, you dont need to be carrying it."

The new law also allows Iowans to carry in the Statehouse.

More:
Gun Owners Pleased with New Laws, But Share Concerns - whotv.com

WWSB ABC 7

New Stand Your Ground Law Makes It Easier to Claim Self Defense ... WWSB ABC 7 SARASOTA, Fla. (WWSB)--Florida is the first state in the nation to change it's stand your ground law, now shifting the burden of proof in pre-trial hearings to the ... and more »

Original post:
New Stand Your Ground Law Makes It Easier to Claim Self Defense ... - WWSB ABC 7

Now, theyve really done it. Floridas gun-happy, National Rifle Association-controlled Legislature has turned an already dangerous, unpopular law into an unmitigated disaster.

Its nothing short of legislative malpractice. Floridas infamous stand your ground law with a long-running, well-documented history of flagrant misuse has now been elevated into a virtual license to kill.

Already weighted heavily in favor of trigger-happy shooters (freed of any duty to retreat), new changes to the law will not only increase shootings but discourage legitimate prosecutions.

Previously, shooters charged with a crime bear in mind, many acts of self-defense never result in criminal charges could obtain immunity at a pretrial hearing if they were able to show, by a preponderance of the evidence (the lowest evidentiary standard), that the shooting was justified.

Now, thats been turned upside down. Bent on giving shooters an even better shot at immunity, lawmakers have mandated that the government, in pretrial hearings, must demonstrate the exact opposite; namely, that defendants self-defense claim is totally meritless. And, they must do so pursuant to a decidedly higher evidentiary standard (clear and convincing evidence).

Phil Archer, the state attorney for Floridas Space Coast counties, rightfully accuses lawmakers of being anti-law enforcement. In effect, [i]ts saying [they] dont trust law enforcement either at the arresting stage or filing stage, and that state attorneys dont understand a self-defense case, Archer told the Washington Post.

Archer and other prosecutors not only foresee a dramatic increase in pretrial hearings because the revised law virtually guarantees that every defense attorney will, instinctively, seek immunity they also anticipate fewer prosecutions being pursued in the first instance. (Key note: The law applies to a wide array of violent acts, including domestic violence, perpetrated with guns or other lethal weapons.)

Indeed, as University of California at Los Angeles law professor Adam Winkler pointed out to the Post: (Floridas) new revised stand-your-ground law may really inhibit the proper functioning of the judicial system. Its an extraordinary departure, because no other criminal defendant gets the benefit of a (full-fledged) trial before a trial, in which prosecutors must prove the necessity of a subsequent trial (to weigh actual guilt).

But, for law-abiding Floridians, the risk goes beyond such legal niceties. With legislators making it far easier for those prone to violence to escape punishment, being on guard against angry gun-toting enforcers is no longer the exclusive concern of those living in marginalized neighborhoods.

In fact, everyday activities like driving a car (think road rage), attending a raucous sporting event or political rally, waiting in an over-crowded airport line, lingering outside an ice cream parlor, sitting in a suburban movie theater, getting gas at a convenience store, or just walking home from a convenience store can quickly turn deadly, if someone with a gun suddenly becomes agitated. The last four examples, of course, depict the locale of actual stand your ground cases in Florida.

Unnecessarily hyperbolic? Perhaps. I just think Florida lawmakers have acted in an exceedingly reckless fashion needlessly endangering the lives of everyone living in and visiting our state. Theyve bolstered an already indefensible law, without public support, and in open defiance of a recent Florida Supreme Court decision that specifically rejected the perverse approach theyve now adopted.

Its totally outrageous. Instead of protecting citizens with sensible, yet limited gun-control measures something that, contrary to the fallacious, fanatical claims of Second Amendment absolutists, is fully permissible under both the U.S. Constitution and Supreme Court rulings Florida lawmakers seem intent on emboldening citizens to solve disputes with guns. And, of course, this comes on top of the state continuing to issue record numbers of concealed weapons permits and the legislature continuing to expand the public places where guns can be taken.

If this revised law, as anticipated, results in a substantial spike in stand your ground cases, allowing more miscreants (and vigilante types) to be shielded from prosecution again, not to be confused with citizens having legitimate self-defense claims (who are rarely charged) its not going too far to say that Florida lawmakers will have real blood on their hands. I hope Im way off base, but the history of this misguided, ill-conceived law suggests otherwise.

Carl Ramey, a retired communications attorney and monthly contributor to The Sun, lives in Gainesville.

Excerpt from:
Carl Ramey: On guard against stand your ground - Gainesville Sun

Bob Irwin highlights the latest self defense and other shootings of the week. Read them and see what went wrong, what went right and what we can learn from self defense with a gun.

USA -(Ammoland.com)- The Associated Press reported March 13, 2017, The Kansas Supreme Court ruled in favor of two men who were charged with aggravated battery but said they were acting in self-defense in stabbing or shooting others.

The high courts ruling Friday rejected a tougher rule for determining when someone can avoid prosecution under the states 2006 Stand Your Ground law.

The Kansas Court of Appeals had ruled in each case that when someone seeks to avoid prosecution on self-defense grounds, a trial-court judge must view evidence in the light most favorable for the prosecution in deciding whether a case goes to trial.

The Supreme Court said the judge must weigh evidence impartially.

Background info: The Las Vegas Review Journal published an Associated Press Story this week that reads in part:

Florida doesn't just want to let people stand their ground, it also wants to make the state prove they didn't commit violence in self-defense before taking them to trial.

Only four of the 22 or more states with stand your ground type laws mention this burden of proof. Alabama, Colorado, Georgia & South Carolina all place the burden on defendants.

Bob Irwin, Las Vegas

About Bob Irwin

Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show Fired Up with Bob Irwinon YouTube and on KSHP 1400 AM radio (Sunday mornings at 9 a.m.) As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob appears frequently as an expert witness for firearm & use of force cases in Federal, State and local courts.

Excerpt from:
Burden Of Proof and Stand Your Ground - AmmoLand Shooting Sports News