Latest gun bill changes ‘stand your ground’ – The News-Press
Bill Cotterell 8:29 a.m. ET June 2, 2017
Bill Cotterell writes a column for the Tallahassee Democrat.(Photo: File)
A road rage incident near Disney almost six years ago resulted in a major piece of gun legislation awaiting Gov. Rick Scotts signaturein this years edition of a firearms panic.
It seems that almost every legislative session produces one. Recently, its been the guns on campus bills, aimed at letting concealed-weapon permit holders carry their weapons on college campuses. That one has failed in the past few sessions but its going to pass probably sooner, rather than later.
This years gun fright started with a family driving in Osceola County in 2011, when a driver almost sideswiped them and the driver stared at them in a threatening manner, subsequent court papers said. That driver aggressively swerved in front of them, slammed on the brakes, jumped out and advanced toward their car whereupon the tourist driver held up a holstered pistol.
The other guy, who was unarmed, returned to his truck, and it should have ended there. But another family member jumped from the back seat of the car with another gun and pointed it at the man in the truck, who called 911. So did the vacationing family and some passers-by.
When the cops arrived, they charged the gun-pointing man with aggravated assault with a firearm. He claimed immunity under Floridas stand your ground law, but lost in court.
Which brings us to Senate Bill 128. The man pointing the gun in that case presumably to keep the alleged aggressor at the scene until police arrived had the burden of proving that he was defending himself and others from likely death, injury or other criminal abuse.
It sounds like a common-sense defense but, you know lawyers.
So now the Legislature, at the behest of the National Rifle Association and other organizations generally described as Second Amendment defenders, has voted to shift the proof burden to the state in stand your ground cases. Assuming Scott signs the bill into law,state attorneys will have to prove, in future pretrial hearings, that defendants are not legally standing their ground, or defending their castles, against attackers.
The Legislature approved the change by roughly party-line votes, 74-39 in the House and 23-15 in the Senate. State attorneys want Scott to veto the bill, because theyve got the law the way they like it and dont want to change. Public defenders feel the other way, because theyd like any legal advantage than can get.
Whats lost in the discussion is that the bill will not free a bunch of murderers. If you stick up a liquor store and the clerk pulls a gun, so you shoot at him, you cant claim self-defense. You started it.
In fact, the words stand your ground dont even appear in the short statute bearing that name.
What does appear is language saying you cant legally use force to defend yourself against a cop who is properly detaining you. And SYG doesnt apply to anyone committing a criminal act, like a drug dealer safeguarding a stash, or robbing a competitor.
If the bill becomes law, it probably will result in more shooters claiming justifiable use of force. When youre facing a murder charge, why grasp at anything? When there are no witnesses, or the physical evidence is inconclusive, this will probably lead to some guilty people getting off.
But is that worse than what we have now innocent, or maybe-innocent, people having to choose between a prosecutors offer of three-to-10 on a plea deal, or risking 25-to-life, if they go to trial?
This is an old argument. Its interesting that the voices calling for a veto have been wrong before.
In 1987, when legislators passed the concealed carry law, they warned that Florida would become the wild, wild West. It wouldnt be safe to go outside, if law-abiding citizens were licensed to pack pistols in their pockets and never mind that criminals already conceal their guns.
Well, that didnt happen.
And in 2005, when they passed the stand your ground law, we heard it again. You could shoot the Avon lady. Panicky people would fire first, figure it out later, and walk free and never mind that the law says you must have a reasonable belief that you or others are in imminent danger, before using justifiable force.
Well, that didnt happen, either.
Bill Cotterell writes a column for the Tallahassee Democrat,part of USA TODAY NETWORK-FLORIDA, which includes The News-Press. Cotterellcan be contacted at bcotterell@tallahassee.com.
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