Posted on 04/25/2012 5:38:36 AM PDT by marktwain
” The freedom-hating leftmedia has been, quite predictably, short-stroking this whole episode as a foil against SYG laws since the beginning”
50% cut in violent crime? Oh yeah, what the hell, get rid of SYG!!
So does this one. Moreover, what really scares me is any effort to repeal the other side of the law besides SYG, which is to forbid any civil action for wrongful death and to forbid any local antigun zealots in the State Attorney's Office from bringing the case to trial anyway, knowing full well they'd lose but just wanting to bleed the poor citizen dry and make him go broke in his defense so as to make an example and thus deter future citizens from protecting themselves. That was a standard back when Janet Reno was our not so great State Attorney here in Miami-Dade.
“...This Floridian supports the Stand Your Ground law...”
This Pennsylvanian supports your SYG Law too. We have the same law.
They mess with one of us, they mess with ALL of us.
About time we gunnies all stand together and tell them where to go.
There are millions of us. We need to never let the other side forget that.
I checked two days ago and over 919,000+ Floridians had CCW licenses.
As a Pennsylvania refugee now living in Florida, I watched and wrote my PA assemblywoman and senator during the HB 40 debates last year. It is a very similar law but one important distinction that you should know of, inserted in the waning days of the debate: In order to “Stand Your Ground” in PA, the other party must be in possession of a firearm or lethal weapon. This is not the case in FL.
Is it 919,000 Floridians with CCWs, or 919,000 people that have a Florida CCW?
Before I lived in Florida, I obtained a nonresident Florida CCW because it, along with Utah, gave me wide-ranging reciprocity across the country.
A poster on another thread said it looked like the grand-jury was being bypassed in order to persecute, er, prosecute Mr. Zimmerman. It actually seems supported by this Huffington Post article, which says:
And unless Zimmerman pleads guilty, the affidavit by itself, summarizing the investigation by the special prosecutor, will force him to stand trial without a grand jury having heard any evidence and returned an indictment, but simply on a hearsay statement from two investigators who summarized their version of the evidence.
Things are very "interesting" if that is the case; as it is a clear violation of the Fifth Amendment.
So if a crackhead kicks in your door at 2AM without a weapon you have to leave your home?
Resident holders broken down by county. I did not check for out of staters. Miami-Dade-84,000+
Gator country resident approves!
My understanding is that the ‘castle doctrine’ was always in effect and that no, you wouldn’t have to retreat. What PA legislators called the ‘Castle Doctrine’ was really an expansion to non-castle (outside your home) situations, aka ‘Stand Your Ground.’
So no, you wouldn’t be expected to retreat. But that same crackhead on the street comes after you without a weapon, perhaps you would be expected to retreat. However, nowhere outside of Philly would you ever get convicted for standing your ground.
I think the only Florida law that needs to change because of the Zimmerman case is that grand juries should be required in any felony charge.
That Trayvon was bouncing George’s head off the ground is not at present a fact as determined by a court.
It is the defendant’s story of what happened. And it may be supported by witnesses.
It may very well also be the truth. But in other cases I’ve noticed around here a certain shall we say resistance to assuming everything the defendant says is the whole truth.
But I like this story to get the police to act:
Roger Gresse, an elderly man, from Zanesville, OH, was going up to bed, when his wife told him that he'd left the light on in the garden shed. Roger opened the back door to go turn off the light, but saw that there were people in the shed stealing things.
He phoned the police, who asked, "Is someone in your house?" He said "No," but some people are breaking into my garden shed and stealing from me."
Then the police dispatcher said. "All patrols are busy. You should lock your doors and an officer will be along when one is available."
Roger said, "Okay."
He hung up the phone and counted to 30.
Then he phoned the police again.
"Hello, I just called you a few seconds ago because there were people stealing things from my shed. Well, you don't have to worry about them now because I just shot them," and he hung up.
Within five minutes, six police cars, a SWAT team, a helicopter, two fire trucks, a paramedic, and an ambulance showed up at the Gresse residence, and caught the burglars red-handed.
One of the policemen said to Roger, "I thought you said that you'd shot them!"
Roger said, "I thought you said there was nobody available!"
“...919,000+ Floridians had CCW licenses....”
That’s just Florida.
Imagine if we ALL, in every state, voted as a bloc, against every Antigun candidate, showed up at rallies, voted for progun candidates, protested outside of Dem/Lib/RINO offices, etc.
They mess with ONE of us, they mess with ALL of us.
I know...won’t happen...and that’s why we’re always on the defense against these fascist pr*cks.
“...In order to Stand Your Ground in PA, the other party must be in possession of a firearm or lethal weapon. This is not the case in FL....”
Yes, I’m aware of that, brother. But still - it’s a pro-gun law, in a gun-friendly state, that the other side loses sleep over every day we exist.
And that’s NEVER a bad thing.
We are Legion...it’s about time we stand up and act like it.
Joe, Joe, Joe. You misunderstand the “legal standpoint”.
SYG simply says that IF you are lawfully in a place and are attacked that you may meet force with force and if faced with imminent death or great bodily injury you may use deadly force.
If it is established that you acted validly in self defense then you are IMMUNE from prosecution AND civil liability. It is not just an affirmative defense it provides for immunity. Very rare in law.
A motion to dismiss, PRIOR TO TRIAL, is critical as it allows you a “free shot” (no pun intended, of course ;-) to dismiss all charges and obtain IMMUNITY from any civil damages lawsuits - wrongful death, civil assault, etc.
With SYG, at such a hearing you need only establish by a preponderance of the evidence (50% +1) that, using the reasonable man standard, you were in fear of imminent death or severe bodily injury, for you or another, to act with deadly force.
The judge acts as both trier of fact (normally the province of the jury) and of law.
If the judge finds self-defense all charges are dismissed and the neither perp nor his family can sue without having to pay all costs just for bringing suit.
Even at trial, if a motion to dismiss fails, the law is in effect I believe.
No cases that I know of but aside from the prosecution needing to prove guilt beyond a reasonable doubt, one could argue that as a matter of self defense, the reasonable man/preponderance of evidence burden of proof may be applicable allowing a dismissal at that level of proof before a jury.
Even then the prosecution alternatively has to prove beyond a reasonable doubt the elements of 2nd degree murder.
The last three paragraphs are speculation the rest is not. Trust me! Been there, done that. SYG applies here. ;-)
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.