Archive for the ‘Stand Your Ground Law’ Category

Florida legislature expands Stand Your Ground

Stand, dont deliver

Not content to accidentally shoot itself in the face while sitting at a bar or attending class, the National Rifle Association managed to push a Trojan Horse of a bill through both the state House and Senate last week that will effectively expand the ridiculous castle-doctrine-turned-shoot-everyone Stand Your Ground law in the state. What was once known as the warning shot bill intended to even the playing field for people like abused Florida wife Marissa Alexander, who is still fighting an extensive prison sentence for shooting a gun into the air as opposed to, say, gunshow enthusiast and jackass hero George Zimmerman, who walks free has now grown to include some festive amendments.

How could such an amazing bill get even better, you might ask? Well, for one, it means that Stand Your Ground remains deeply enshrined in our unfair legal system, and continues to be overused in defense cases Florida has had 237 Stand Your Ground defenses since 2005, according to the Tampa Bay Times, and the majority of those cases are determined to be justified, even in cases where its a child who dies, caught in the crossfire of a drug deal gone bad.

But wait! Theres more! The newly refashioned Stand Your Ground(er) will now make all Stand Your Ground cases secret, especially from the media that loves to talk about how this law is ruining our state. The Dream Defenders the brave folks who held a monthlong sit-in at the Capitol just to get the governors attention on the issue released a statement about the updated legislation on April 4. They are, shall we say, not happy.

As citizens across Florida have demanded the repeal of the Stand Your Ground law, we are disappointed to see that the Florida Legislature has done quite the opposite, said Ciara Taylor, political director for the Dream Defenders. Todays vote shows that our legislators have ignored our calls and have instead chosen to double down on this dangerous law that will continue to claim the lives of innocent, unarmed victims. We will remember the names of those who voted in favor of this law today they will be on the lips of officers who explain to mothers why their children never make it home, in funeral packets of churches all across the South, and, most importantly, in the hands of Florida voters on Election Day in November.

Guns down. Knives out.

>Email Billy Manes

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Florida legislature expands Stand Your Ground

Expansion Of ‘Stand Your Ground’ Laws Are Making Florida …

We are living in the Age of Crazy, so when there is a tragedy that takes the life of an innocent, instead of passing laws to make sure that doesn't happen, states are passing laws that ensure it will continue to happen at an accelerated rate.

Nicole Flatow

Attempts to roll back any of the Florida Stand Your Ground laws most incendiary elements have foundered more than two years after the death of Trayvon Martin. But a bill to expand the law passed Thursday, mere months after it was introduced. The National Rifle Association-backed bill would extend Stand Your Ground-like protections to those who point a gun at an attacker or fire a gun as a self-defense threat or warning, expanding the scope of the discretion judges and juries retain to exempt shooters from criminal charges for gun violence. The final bill also includes a provision to keep Stand Your Ground records secret.

The Threatened Use of Force bill passed the Senate Thursday 32-7, and will become law if signed by Gov. Rick Scott (R). The bill initially gained traction after Republicans exploited the outrage over the 20-year prison sentence for Marissa Alexander, who fired a warning shot during an altercation with her abusive husband. The bill was then dubbed the warning shot bill, because a judge rejected Alexanders move to invoke the law. But opponents were quick to point out that injustice in Alexanders case hinged in large part on a draconian mandatory minimum sentence that required the 20-year prison term, insensitivity to domestic violence, and racial disparities that are already baked into the existing Stand Your Ground law.

Rather than protect those like Alexander, the law is likely to expand immunity for violent conduct in as vague and sweeping a manner as Floridas existing Stand Your Ground law, and could represent the newest mechanism for encouraging even more vigilantism.

A new amendment that made its way into the final bill would also make secret all records from Stand Your Ground cases, meaning that the records would be sealed in cases where charges are later dropped, and those who are granted immunity would have their records expunged. But the law also means that media outlets seeking to document the impact of the law would not have access to any records.

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Here's a typical defense.

Heck your honor, I was just following my God given right to squeeze of a warning shot at a person who I believed was gonna do me some bodily harm, but my aim was off and I killed him. Why'd he wear that dang-blasted hoodie for anyway?

Conservatives can lie with the best of them and to use Marissa Alexander as their poster child is disgusting since she got caught up in nut-job sentencing guidelines.

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Expansion Of 'Stand Your Ground' Laws Are Making Florida ...

Baldwin County case spotlights Stand your Ground Law

By Letisha Bush Updated: Monday, April 7, 2014, 5:30 pm Published: Monday, April 7, 2014, 1:50 pm Related Content

The case of an Ono Island man accused of shooting a tourist in an alleged road rage incident is putting the spotlight on Alabamas Stand Your Ground law.

Steve Pinson was charged with first degree assault after police say he shot 44-year-old Damon Hembree on Perdido Beach Boulevard and Hwy 161 in 2012.

Police say Hempree and Pinson got into an argument while driving. After the altercation witnesses say Hembree approached Pinsons vehicle and began yelling and cursing.

Pinsons attorney says his client shot Hembree in self defense and is looking at Alabamas Stand Your Ground law as a possible defense.

There is a presumption that a person is in an occupied dwelling or an occupied vehicle that is in reasonable fear. the magic words, reasonable fear for his personal safety at the hands of another individual is no longer required to retreat any further than where he or she may be and can use force, including deadly force, said Steve Salter.

FOX10 News Reporter Letisha Bush is taking a closer look at the law and will have the latest on FOX10 News at 5 p.m.

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Baldwin County case spotlights Stand your Ground Law

Florida law to legalize warning shots OK'd by legislators

The Florida Legislature is in session and the debate over warning shots will take center stage in the form of one bill

TALLAHASSEE Floridians could fire warning shots or display a weapon in self defense under a bill approved by the Florida Legislature on Thursday.

The measure, a substantial expansion of the states controversial stand your ground law, now goes to Gov. Rick Scott for his signature. He has not indicated as yet whether he will sign it.

The Senate voted 32-7 to approve it. The House approved the bill on March 20.

The measure says someone can threaten the use of force if that person feels his or her life, home or property were at risk of harm. It also allows people cleared by the courts because they acted in self-defense to petition for their records to be expunged.

In support of expungement, Sen. Charles Dean, R-Inverness, a former sheriff, said an innocent person is innocent. You shouldnt have to defend your name for the rest of your life.

Sen. Chris Smith, a Fort Lauderdale Democrat, spoke against the proposal.

I just dont think its responsible right now to encourage people to fire warning shots, he said. I think it sends the wrong message to Florida.

But Sen. Greg Evers, R-Baker, the bills Senate sponsor, said the measure is about self defense.

The bill stems from the conviction of Marissa Alexander, a Jacksonville woman sentenced to 20 years in prison for firing a warning shot during an incident of alleged domestic violence.

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Florida law to legalize warning shots OK'd by legislators

Senate OKs beefing up stand your ground with warning shot provision

The Senate approved legislation expanding Floridas controversial Stand Your Ground law Thursday, giving new legal safeguards to people who threaten to use a firearm in self-defense or fire a warning shot instead of fleeing.

The measure (CS/HB 89) was OKd 32-7. While opponents said expanding Floridas controversial self-defense law risks the spread of gun violence in Florida, supporters said it gave judges a chance to consider more issues that led to a violent encounter.

This is just one more step forward for citizens to protect themselves, said Sen. Greg Evers, R-Baker, the Senate sponsor.

The legislation, approved last week by the House, now goes to Gov. Rick Scott, who hasnt indicated whether he would sign it.

Stand your ground, which authorizes people to fight back instead of retreating when threatened, became Florida law in 2005. But it has come under intense scrutiny following the shooting death of Trayvon Martin two years ago and more recently Jordan Davis, a Jacksonville youth shot dead following a confrontation over loud music.

Still, calls for a warning shot exemption emerged with the Marissa Alexander case, a Jacksonville woman awaiting a July retrial on an aggravated assault charge, which she received after alleging she fired a warning shot to protect herself from a violent husband. Aggravated assault with a weapon carryiesa minimum mandatory prison sentence under Floridas 10-20-Life law.

This bill will allow a judge to look at extenuating circumstances, said Sen. Audrey Gibson, D-Jacksonville. I may not like some of the components in this bill, but it allows judges to look at several circumstances to make a correct ruling.

But Senate Democratic Leader Chris Smith, D-Fort Lauderdale, warned, this is the wrong message to send.

There are communities around Florida where gun violence is too prevalent, he added.

The legislation also allows added legal protection when force is threatened. People cleared by the courts because they acted in self-defense would be authorized to petition courts to have their records expunged.

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Senate OKs beefing up stand your ground with warning shot provision