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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

April 4th, 2014

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Legislature approves 'warning shots' bill

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.

Legislature OKs 'warning shots' bill; it now goes to Scott