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On March 10, a judge ruled that ex-Tampa police officer Curtis Reeves could not claim immunity under Florida's "Stand Your Ground" law for fatally shooting an unarmed man in a movie theater.

Five days later, the Florida Senate approved legislation that could make it much easier for such trigger-happy Floridians to go free after provoking a violent confrontation. Ain't life great in the Gunshine State?

Stand Your Ground, which the Legislature and then-Gov. Jeb Bush forced on Florida in 2005 as a favor to the National Rifle Association, removed any responsibility to retreat for someone who "reasonably believes" that he or she is in danger. Criminal defendants, however, still must persuade a judge that they are entitled to immunity if they claim it under Stand Your Ground.

Senate Bill 128 would shift that burden to the prosecution. Defendants could file a written motion, laying out the supposed facts of their claim. "The court shall (emphasis mine) grant the motion after a pretrial hearing," the legislation reads, "unless the state proves beyond a reasonable doubt that the defendant is not immune."

Bernie McCabe has been the state attorney for Pinellas and Pasco counties since 1993. His office charged Reeves with second-degree murder for shooting Chad Oulson in a theater north of Tampa. Reeves got mad at Oulson for texting during the previews. After Reeves kept it up, Oulson swore at him and turned around to push Reeves' popcorn into his face, at which point Reeves drew his .38 and fired.

In an interview, McCabe said SB 128 would make such cases "totally topsy-turvy. We would have to disprove a negative. This is kind of unexplored territory."

Fortunately, McCabe's prosecutors could use video to undercut Reeves' version of events. He claimed that Oulson was coming at him, but Oulson is not even in the frame when Reeves shoots. Judge Susan Barthle found Reeves' testimony to be "significantly at odds with the physical evidence and other witness testimony. . .The logical conclusion is that he was trying to justify his actions after the fact." Reeves will appeal.

If the House passes SB 128 and Gov. Rick Scott signs it, expect many more such attempts. "I don't know why a defense lawyer wouldn't use it in almost every case," McCabe said. "It's a free shot. The defendant only has to file an unsworn, written motion. He has no skin in the game at that point."

Reeves' lawyers and is family portrayed the 27-year police veteran as a frail 71-year-old who feared for his life that January afternoon in 2014. Stand Your Ground, though, has helped people far less sympathetic than Reeves Under the law, the Tampa Bay Times reported, drug dealers and gang members have benefited.

Reeves could have moved. He could have obeyed the ban on guns in the theater. With even less reason to avoid confrontation, more violence will follow if Stand Your Ground gets stronger.

This new attempt to weaken public safety apparently arose from a 2015 Florida Supreme Court ruling that the defendant bears the burden of proof in Stand Your Ground claims. In dissent, Justice Charles Canady wrote that the decision "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

The case involved a man named Jared Bretherick in a sadly typical Florida story. A man cut off the Bretherick family's car, blocking their lane, then got out and approached. Bretherick's father brandished a holstered pistol, and the man retreated. Jared Bretherick took the gun, went to the truck, aimed the weapon at the man told him to move the vehicle or get shot.

As the Florida Supreme Court noted, all five state appellate courts had agreed that defendants have the burden to prove Stand Your Claims based on a "preponderance of the evidence." That's the lower standard for trials in civil courts. SB 128, however, would impose the higher "beyond a reasonable doubt" standard on the prosecution.

If this change passes, McCabe said, Stand Your Ground claims could become so common that defense lawyers who don't file one could be accused of ineffective representation. McCabe and the other 19 state attorneys oppose SB 128, but their opposition likely won't matter.

"This is what the NRA wants," McCabe sighed. "Enough said."

Randy Schultz's email address is randy@bocamag.com

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Toughen 'Stand Your Ground'? Expect more violence | Opinion - Sun Sentinel

The Florida Senate has passed a new bill that amends Floridas controversial Stand Your Ground self-defense law.

Senate Bill 128, which was passed 23 to 15 Wednesday, seeks to shift the burden of proof from the defendant to the prosecutor. As it currently stands, the Stand Your Ground law requires defendants to prove during the pretrial that they are immune from criminal prosecution under the self-defense law.

What this bill does, senators, is put the burden of proof where I would, respectively, suggest it should rightfully be, said Republican Sen. Rob Bradley to fellow senators during Wednesdays Senate session. Hes also the author of the bill. From the beginning of a criminal case to the end, [it] is with the state, and that the standard of proof be beyond a reasonable doubt.

Bradley could not be reached for further comments.

Florida was the first state in the country to enact the self-defense law back in 2005. Now, 24 states across the country have some type of Stand Your Ground law in place.

Republican Sen. Dennis Baxley, who authored the original 2005 law, spoke on the Senate floor and said if the state believes someone committed a crime, it should always be the states responsibility to prove a crime was committed.

Im sorry if that burden seems too heavy, but thats what we do in America, Baxley said. Youre innocent until proven guilty.

However, not all Republican senators were in favor of the bill.

Sen. Anitere Flores, the second highest ranking Senate Republican, voted against it, despite previously voting in favor of it in a subcommittee in February. After state attorneys from her home district of Miami-Dade and Monroe Counties expressed their concerns of the possible financial burden, Flores changed her mind.

The state would be proving the case twice, Flores said. Theres a strong concern that many more defendants will invoke the Stand Your Ground defense because they know it will shift more work onto the state attorneys on the front end.

Democratic senators also voiced their concerns with the bill, calling it a shoot-to-kill and a how-to-get-away-with-murder bill shortly before the Senate passed the bill.

Democratic Senator Audrey Gibson said that since the bill went into effect in 2005, evidence suggests it has made crime worse.

The data shows usand I believe in datathat many more people are dying as a result of this Stand Your Ground bill, Gibson said.

A recent studypublished in the Journal of the American Medical Association found that Floridas Stand Your Ground law was associated with a 24.4 percent increase in homicide and a 31.6 percent increase in firearm-related homicide from 2005 to 2014.

Florida has seen its fair share of high profile Stand Your Ground cases, including the 2012 killing of 17-year-old Jordan Davis in Jacksonville, Florida. The unarmed teen was shot and killed by 47-year-old Michael Dunn after he confronted Davis over loud rap music Davis was playing in his car.

Although Dunndid not use the Stand Your Ground law in court, he always claimed he acted in self-defense.

Davis mother, Lucy McBath, whos now a national spokesperson for Everytown for Gun Safety and Moms Demand Action for Gun Sense in America, provided the following statement to WUFT News in response to the senates vote:

The Florida Senate has chosen to ignore senseless killings like that of my dear son, Jordan Davis, and Trayvon Martin to vote in favor of expanding the states already deadly Stand Your Ground law. Make no mistake, this expansion will create a nearly insurmountable backlog of cases for prosecutors,and will make it easier for gun criminals to escape justice. This legislation will be especially traumatic for gun violence survivors and their loved ones.Our lawmakers should remember that the dangerous proposal theyve supported today can and will have irreversible consequences for many Floridianstomorrowand for years to come.

The bill will need to be taken up and passed in the Florida House, which is also a Republican-majority chamber, before it could be signed into law by Gov. Rick Scott.

Originally posted here:
Florida Senate Votes To Strengthen Stand Your Ground Law - WUFT - WUFT

BOISE A bill to expand Idahos self-defense law has been held for the year.

The bill, brought by Sen. Bert Brackett, a Republican from Rogerson, would have said a person who unlawfully and by force enters anothers residence is presumed to do so with the intent to commit a felony, and that killing them in self-defense is justifiable homicide. This part deals with the castle doctrine, or the law that deals with self defense in ones own home.

It also would have specified there is no duty to retreat before using deadly force to defend ones self or another, while in any location. This is similar to the stand your ground laws that some states have passed, and it contrasts with other states that impose a duty to retreat before using deadly force.

Some gun-rights supporters thought the bill didnt go far enough, and some lawmakers on the Senate State Affairs Committee thought it might go too far, or that it didnt take enough of existing case law into account.

Between everyone, the concerns were enough that the committee agreed the bill should be held. It could come back next year, and a working group could study the issues before the 2018 session, said Senate President Pro Tem Brent Hill, R-Rexburg.

Brackett said he decided to carry the bill after someone broke into his Boise apartment early in the session. While Brackett and his wife werent there at the time, he said he wondered what might have happened had they been.

Brackett got his enhanced concealed carry permit after the incident, and part of that process is learning about Idahos self-defense laws. Brackett said his bill would clarify when deadly force is and isnt justified.

We need to think about these things ahead of time, he said. How would you respond. Under what circumstances would you use this kind of force.

Unlike some states, Idaho law doesnt impose a duty to retreat from a violent confrontation, but there is no specific stand your ground law either.

Zach Brooks, board chairman of the Idaho Second Amendment Alliance, asked the committee to hold the bill, saying it didnt improve current law. So did Rep. Christy Zito, R-Hammett, who had been working on similar legislation she has been unable to get introduced.

Zito told a story about a time she was driving with her then-11-year-old daughter when two men in a pickup truck ran them off the road in a spot where they were trapped by construction. The men got out of their truck and approached Zitos, but fled after she pointed her handgun at them.

A bill should include elements such as a presumption of innocence for someone who uses deadly force in their own home and saying that, if someone who kills in self-defense is charged and cleared, the state should pay their court costs, she said.

When we do the castle doctrine and stand your ground, lets make sure we do it and do it right, Zito said. Lets make sure it covers the bases.

Sen. Marv Hagedorn, R-Meridian, worried Bracketts bill didnt take existing case law into account enough. He also worried it might go too far. Hagedorns concerns, too, come from experience a man broke into his house once and Hagedorn held him at gunpoint. It turned out the man was just drunk and thought he was entering his own home.

Somehow, we need to make sure that the language here protects and specifies that there is a point when you pull that trigger that you need to know that someone is trying to do harm and not inadvertently making a mistake, Hagedorn said.

Brackett argued his bill was a reasonable compromise that would let people defend themselves without opening the door to unintended consequences.

I think this bill strikes a good balance with responsible citizenship with the ability of citizens to protect themselves and ones family, he said.

The committee, though, felt it would make more sense for everyone to work on a bill that could pass next year.

I appreciate your passion and what drove you to fix this, Hagedorn said. But I just dont think its ready for prime time.

Assistant House Majority Leader Brent Crane, R-Nampa, said Thursday that expanding the castle doctrine and passing stand your ground were among his priorities before the end of the session, and that he backed Bracketts bill. Lawmakers want to adjourn on March 24.

Crane gave no indication after the vote that the issue would hold up the Legislatures adjournment, saying they would work on it over the interim.

Were a very strong pro-Second Amendment state and a very strong pro-Second Amendment Legisature, he said. And well just continue to do the hard work to get something passed on this important issue.

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'Stand your ground' bill shot down - Twin Falls Times-News

By Joe HendersonSpecial to the Star-Banner

Supporters will argue that Floridas Stand Your Ground law is vital to individual safety, but the measure never took judgment and common sense into the equation. It legalizes impulses that can be deadly.

Earlier this month in a Dade City courtroom, Judge Susan Barthle ruled that retired Tampa police officer Curtis Reeves impulse when he shot Chad Oulson to death after an argument didnt convince her that he was in sufficient fear for his life.

This clears the way for the 74-year-old Reeves to stand trial for second-degree murder. He could win acquittal there if a jury of his peers find his story more believable than the judge. She wrote in her ruling, The physical evidence contradicts the defendants version of events.

Reeves version of the fatal afternoon when his argument with Oulson got out of control can be summed up in a statement he made last week during his testimony: At that point (in the argument), it was his life or mine.

I cant crawl insides Reeves head and neither can you to know if he was using Stand Your Ground as a ready-made excuse after realizing what he had done. But I can say that this tragic situation is exactly what people who oppose this law warned could happen and likely will happen again.

There is a proposal in the Legislature that is gaining strong support to make prosecutors prove a defendant didnt feel threatened.

Imagine the havoc that could unleash.

This law assumes that anyone under duress will be cool enough under pressure to use lethal force only to save themselves or their family from a real threat. This isnt a movie set though, where James Bond calmly dispatches three or four bad guys trying to kill him and then orders a martini, shaken not stirred.

In the real world, a jittery old man in a darkened movie theater decides a younger, larger man is out to kill him when the two started arguing over cellphone use (before the film started, by the way).

There is no doubt Oulson could have handled the situation much better, but so could Reeves. Either one could have walked away, and we never would have heard of either man.

But no. We have Stand Your Ground and its false premise that every situation like this could be lethal. How can you tell? It makes the shooter the victim.

Judge Barthle didnt buy that argument.

If the looney bill that would force prosecutors to prove a defendant didnt feel threatened ever becomes law, though, judges may have no choice but to buy it next time.

Joe Henderson has spent more than four decades covering state and local issues, mostly for the former Tampa Tribune. He now writes for the SaintPetersBlog political website.

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Joe Henderson: 'Stand Your Ground' rewrite legalizes lethal impulse - Ocala

A bill making its way through the Iowa Legislature to expand gun rights in Iowa packs in an abundance of questionable and unneeded provisions but at the forefront is stand your ground.

House File 517 cleared the Iowa House and advanced to the Iowa Senate Judiciary Committee this week with the inclusion of stand your ground, which would mean a person doesnt have a duty to retreat before using deadly force.

While some Iowa law enforcement officials and county attorneys have taken issue with stand your ground most citing the lessened burden to justify the use of lethal force in self-defense, Jasper County Sheriff John Halferty said he isnt taking a position at this time.

Halferty said most valid permit carriers are law abiding citizens, and we agree.

The sheriff, who has issued more than 4,350 active permits to carry in Jasper County, also says we want to respect the right of a citizen to exercise their Second Amendment right but still be safe in doing so. This includes making good decisions on when to carry, how,and when to use reasonable force.

We believe safety and good decisions come sharply into question under the stand your ground provision. Further, this is not a problem to be fixed. Iowans already have the right to protect themselves with reasonable force. Stand your ground legislation will mean innocent people could be killed senselessly. Many people may believe their lives are threatened in many different scenarios in which violence shouldnt be the first solution. Someone would simply have to feel threatened to fire their weapon whether that threat is real or not would become the burden of our law enforcement officers and county attorneys.

This shoot first and ask questions later philosophy isnt right for Iowa, especially since our state ranks in the ninth-lowest rate of gun violence, according to a recent study.

Meanwhile, according to a 2016 study published by the Journal of the American Medical Association, Floridas monthly homicide rate increased nearly 25 percent after implementation of its stand your ground law.

Other provisions in House File 517 would allow those 21 and under to possess a pistol while under the supervision of a parent or guardian. This falls in line with something we do support gun safety education. People need to know how to handle a gun properly if they are going to have one in their possession. However, simply saying under 21 years of age means some parents might choose to arm children far too young to be handling a pistol. Even Iowas hunter safety and education courses require a child to be at least 11 years old to participate.

These are just two examples from a bill intended to needlessly open gun access in our state. Any gun laws passed this session should support common sense and safety, while keeping in mind that if it isnt broke, dont fix it.

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Editorial: Stand your ground isn't right for Iowa - Newton Daily News