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Old 06-01-2017, 04:41 PM   #1
fgw_in_fla
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Default Florida Guys - Let the games / BS begin...

Even if you're not a resident, send Gov. Scott and email asking him to sign this bill:



The critical self-defense bill/burden of proof bill has not yet reached the Governor's desk but already prosecutors and anti-gun organizations are lobbying the Governor to veto SB-128 Burden of Proof.

SB-128 Burden of Proof by Sen. Rob Bradley and Rep. Bobby Payne restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs.

Please use the following email address to contact the Governor and ask him to Please Sign SB-128 Burden of Proof.

Rick.Scott@eog.myflorida.com


Edited Info:
Early yesterday evening, Friday, June 9th, Governor Rick Scott SIGNED INTO LAW the two critically important self-defense bills we have been urging him to sign.

One, SB-128 Burden of Proof by Sen. Rob Bradley and Rep. Bobby Payne restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs. SB-128 took effect IMMEDIATELY.

When prosecutors and judges use procedures to circumvent the rights of law-abiding people and the will of the Legislature, it cannot be tolerated.

Procedures do not have the weight of law and now the Legislature and the Governor have erased these abusive procedures in self-defense cases and have legislatively made sure these self-defense rights are reinstated. Pending cases should have the retroactive benefit of the Legislature and the Governor erasing these malicious procedures.

The second, SB-1052 Justifiable Use of Force by Sen. David Simmons and Rep. Cord Byrd corrects a 2014 drafting error (by a member of the House Criminal Justice Committee Staff) resulting in a requirement that citizens be under attack in their own homes before exercising self-defense and in some circumstances imposing a duty to retreat from your home before exercising self-defense.
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Old 06-01-2017, 04:53 PM   #2
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Old 06-10-2017, 09:18 PM   #3
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Looks like Gov. Rick did us righteous
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Old 06-10-2017, 11:13 PM   #4
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The first and only State so far to put the burden of proof on the prosecutors, rather than the defense. Huge...big move. Need other States to follow suit. PA especially.
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Old 06-11-2017, 12:09 AM   #5
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Great news, a win for freedom and our republic.
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Old 06-12-2017, 08:16 AM   #6
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Originally the pre-trial hearing rules didn't make much sense.

They required the defendant to testify and present their defense BEFORE the trial.

Zimmerman's lawyer waived the hearing as he thought it didn't apply.

If the defendant is found to have initiated the confrontation, then the case goes to trial.

This may have been the reason for waiving the hearing, or because it would have required Zimmerman to present his defense case BEFORE the trial.

Waiving the pre-trial hearing did work out for Zimmerman.

With the new rules, the prosecution has to show to a judge at a pre-trial hearing why the case should go to trial.

The defendant could have been legally defending himself, but if he is found to have initiated the confrontation, he can still stand trial.

That doesn't mean he wasn't legally defending himself, but the judge can't find so if the defendant initiated the confrontation.

It helps make the pre-trial hearing make a bit more sense.

Some defendants may still want to waive the pre-trial hearing.

Zimmerman had the option of driving away.

He followed Martin.

He likely wouldn't have had success at the pre-trial hearing to not go to trial.

He would have had to testify and present his defense BEFORE the trial.

Even if he had followed, threatened, assaulted or confronted Martin, when Martin is slamming his head against the concrete, he can still legally defend himself.

His pre-trial hearing just wouldn't have been successful.
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Old 06-18-2017, 12:02 AM   #7
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Sometimes it is good to be a Floridian ! The first state to start the " Shall Issue " conceal carry permit system . The first state to create " stand your ground ' law , I think . And now this " burden of proof is on the state " in self-defense shootings . I think I'll stay put , here in Florida .
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Old 06-18-2017, 09:04 AM   #8
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Now give us suppressors without the NFA bullshit!
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Old 06-18-2017, 12:16 PM   #9
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Quote:
Originally Posted by virgil cole View Post
Sometimes it is good to be a Floridian ! The first state to start the " Shall Issue " conceal carry permit system . The first state to create " stand your ground ' law , I think . And now this " burden of proof is on the state " in self-defense shootings . I think I'll stay put , here in Florida .
That's not just for shootings, but for anybody claiming self-defense.
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Old 07-03-2017, 01:51 PM   #10
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An activist Judge down in Miami ruled it unconstitutional. He believes that the legislature overstepped their bounds in passing the law.

Florida would be a hell of a lot better off if Palm Beach, Broward, and Miami-Dade split off and became the State of South Florida.

http://www.miamiherald.com/news/loca...159394094.html
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Old 07-03-2017, 06:08 PM   #11
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Default And just like that..

Florida's 'stand your ground' law ruled unconstitutional by judge.

http://www.foxnews.com/us/2017/07/03...-by-judge.html
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Old 07-03-2017, 09:54 PM   #12
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This will have zero effect on human behavior.
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Old 07-04-2017, 07:26 AM   #13
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Well, what else would you expect after 8 years of that piece of shit we had for a president packing & stacking the courts with his commie colleagues?

Let the games begin...
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Old 07-04-2017, 05:27 PM   #14
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I was just made aware (Tuesday) of this so called ruling by the Activist Judge. This law regarding Stand Your Ground was put in place to reign in many of the Prosecutors in this State who thik that they are above the "People" and that one is is essence "Guilty until Proven by the Guilty that they are Innocent. "
The Legislature worked on this law for quite a long time and it was even suggested that they do by none other than Charles Canady a sitting FL Supreme Court Justice from what I understand. What this Judge is saying is the Legislature can write laws and we can render them ineffective due to the proper Power of the Black Robbed Dictatorship.
The Legislature can now either wait out the appeal, or craft yet another law on behalf of the People to keep them safe from over zealous prosecutors and their minions in certain areas of this State.
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Old 07-07-2017, 09:22 PM   #15
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Zimmerman waived his stand your ground hearing.

His lawyer claimed it was because it didn't apply in his case.

The original law required defendants to testify at the hearing, before any trial.

In Zimmerman's case, it could have been argued that he initiated the confrontation with Martin, which would have voided his stand your ground hearing, but not his right to defend himself.

Meaning he could have lost the stand your ground hearing, but his testimony at the hearing could be used against him at trial.

The original law could be worse for the defendant than just going to trial, which is what Zimmerman did.

The court did schedule a stand your ground hearing for Zimmerman without him requesting such a hearing.

The newer version of the law, would put the burden on the prosecution to show that the case should go to trial.

Winning the stand your ground hearing does protect the defendant from being sued.

In Florida, going to trial and winning, is suppose to prohibit being sued also, if the jury finds the actions were self-defense and not something else, and not just, not guilty, which can mean there just wasn't enough evidence for conviction.
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Old 07-08-2017, 09:32 PM   #16
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Some additional info, for what it's worth but definitely worth a read.

https://reason.com/blog/2017/07/06/f...-part-of-stand

An excerpt from the article:
The bill had the support not only of the National Rifle Association (NRA), but also of public defenders, criminal defense attorneys, and Families Against Mandatory Minimums (FAMM), a nonprofit advocacy group that opposes mandatory minimum sentences.

Marion Hammer, a former president of the NRA and now a prominent Florida gun lobbyist, calls Hirsch's ruling judicial activism.

"Judge Hirsch made a unilateral decision to attack the constitutional authority of the Legislature to pass laws even though neither of the attorneys in the case asked him to rule on such an issue, "Hammer says. "Activist judges can't just arbitrarily make procedural rules to usurp laws they don't like."
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