Skip to comments.Florida Expands Legal Protections for Those Who Fire a Gun in Self-Defense
Posted on 06/13/2017 12:57:22 PM PDT by ForYourChildren
NRA says law 'restores the right of the presumption of innocence and the right of self-defense'!
On Friday, Florida Gov. Rick Scott (R) signed into law new legal protections for individuals who defend themselves with firearms.
Senate Bill 128 shifts the burden of proof requirement from the accused to state prosecutors during certain legal proceedings when someone claims he fired a gun in self-defense. The law, which goes into effect immediately, requires that state prosecutors present evidence to overcome a defendant's claim that they employed a justifiable use of force. If the prosecutors can't show "clear and convincing evidence" that the accused did not shoot in self-defense, the case will not go to trial.
"If the State of Florida is going to accuse a citizen of committing a crime, the State of Florida should have the burden of proof at each and every part of the proceeding," Florida Senate President Joe Negron (R) said in a statement. "This legislation requires the state to meet the standard of clear and convincing evidence to overcome an immunity claim. I am grateful to Governor Scott for signing this huge step towards better protection of the constitutional freedoms guaranteed to all citizens."
"A defendant always has the presumption of innocence and the state always has a burden of proof," said State Senator Rob Bradley (R) in a statement. "This fundamental premise is guaranteed in our Constitution and understood intuitively by all Floridians. Fidelity to the Constitution is our most important responsibility as legislators, and I am pleased to see this legislation earn the support of Governor Scott today."
(Excerpt) Read more at freebeacon.com ...
You can put up all the memorials you want to remember the people slaughtered at that Orlando nightclub. However if one or two of them were armed, the outcome would have been much different.Better to celebrate live heroes than memoralize dead victims.
“You can put up all the memorials you want to remember the people slaughtered at that Orlando nightclub. However if one or two of them were armed, the outcome would have been much different.Better to celebrate live heroes than memoralize dead victims.”
Praise the Lord and pass the ammunition.
A woman was imprisoned for firing a pistol into the ground to frighten a man who was attacking her. She was convicted by an over-zealous prosecutor. Wouldn’t happen under this law.
How DARE the Florida Legislature and Governor presume that someone is innocent until proven guilty in a court of law.
This explicitly allows warning shots?
This law is hugh and series. Through case law, Florida’s social justice supremes had turned an earlier law around, such that it burdened the shooter to prove he fired in self-defense.
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More Good News.
clear and convincing? isn’t that standard a bit low?
a liberal judge or any judge that dislikes self help can deny that.
Liberals believe that a dead, unarmed victim is superior than a live armed person.
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