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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