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Old 06-12-2012, 09:19   #1
sr556m9
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Going after Florida Self Defense Law

Hey guys,

Well, I saw on the news that they are going after the Florida Stand Your Ground Law. Saw a lady on Fox News speaking about how in Florida, you don't have to retreat from anything. These people are so ignorant. They act like we should live in fear of the criminals and let them control our every move.

http://www.foxnews.com/us/2012/06/12...nse-law652439/

This country is really getting pathetic. It's not free anymore. Coming after sugary drinks, can't drive in the car without your dog being buckled in, can't defend ourselves from criminals, voter fraud, undermining the Second Amendment w/ Fast and Furious. This country is becoming a laughing stock in my opinion.

On a side note, the GF wants to go to one of the Zoos in Chicago. IF we go, I know I can't carry a gun, but I want to take my knife. I've been trying to find if Chicago has a blade restriction, and I believe it is 2.5". What's funny is that one area's laws are totally different from others. Here in Michigan, there is no blade length law if you do not intend to harm anyone, but some areas in the state have restrictions and others ban pocket knives outright. This is the pitiful stuff I'm talking about. All you have to do is cross an "imaginary" line and suddenly you are a felon. It's such a joke how the laws are going. Whatever happened to the "land of the free?"

I'm just getting totally peeved about this stuff because I don't see an end in sight. What are our grandchildren going to have? What are they going to do? I know these issues have been discussed ad nauseum here, but we are heading in the totally wrong direction.

Last edited by sr556m9; 06-12-2012 at 09:20..
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Old 06-12-2012, 10:07   #2
Guss
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I'm in Florida and I'm not worried about the review committee. It's just something they have to go through to satisfy the need for political correctness in light of the current threats of unrest. I predict it will be all talk and only token change of procedures.
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Old 06-12-2012, 10:19   #3
ModGlock17
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Quote:
Originally Posted by Guss View Post
I'm in Florida and I'm not worried about the review committee. It's just something they have to go through to satisfy the need for political correctness in light of the current threats of unrest. I predict it will be all talk and only token change of procedures.
+1

Floridians are going to keep it the way it is. It takes votes to overturn, and there isn't enough votes.

It is far easier to move to Illinois if FL is not what you'd want. LOL
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Old 06-12-2012, 10:21   #4
ModGlock17
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FYI:
Committee Substitute for

Committee Substitute for Senate Bill No. 436

An act relating to the protection of persons and property; creating s.

776.013, F.S.; authorizing a person to use force, including deadly

force, against an intruder or attacker in a dwelling, residence, or

vehicle under specified circumstances; creating a presumption that

a reasonable fear of death or great bodily harm exists under certain

circumstances; creating a presumption that a person acts with the

intent to use force or violence under specified circumstances; providing

definitions; amending ss. 776.012 and 776.031, F.S.; providing

that a person is justified in using deadly force under certain circumstances;

declaring that a person has no duty to retreat and has the

right to stand his or her ground and meet force with force if the

person is in a place where he or she has a right to be and the force

is necessary to prevent death, great bodily harm, or the commission

of a forcible felony; creating s. 776.032, F.S.; providing immunity

from criminal prosecution or civil action for using deadly force; defining

the term “criminal prosecution”; authorizing a law enforcement

agency to investigate the use of deadly force but prohibiting

the agency from arresting the person unless the agency determines

that there is probable cause that the force the person used was

unlawful; providing for the award of attorney’s fees, court costs,

compensation for loss of income, and other expenses to a defendant

in a civil suit who was immune from prosecution under this section;

providing an effective date.

WHEREAS, the Legislature finds that it is proper for law-abiding people

to protect themselves, their families, and others from intruders and attackers

without fear of prosecution or civil action for acting in defense of themselves

and others, and

WHEREAS, the castle doctrine is a common-law doctrine of ancient origins

which declares that a person’s home is his or her castle, and

WHEREAS, Section 8 of Article I of the State Constitution guarantees the

right of the people to bear arms in defense of themselves, and

WHEREAS, the persons residing in or visiting this state have a right to

expect to remain unmolested within their homes or vehicles, and

WHEREAS, no person or victim of crime should be required to surrender

his or her personal safety to a criminal, nor should a person or victim be

required to needlessly retreat in the face of intrusion or attack, NOW,

THEREFORE,

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 776.013, Florida Statutes, is created to read:

1

CODING: Words stricken are deletions; words underlined are additions.

776.013 Home protection; use of deadly force; presumption of fear of

death or great bodily harm.—

(1) A person is presumed to have held a reasonable fear of imminent peril

of death or great bodily harm to himself or herself or another when using

defensive force that is intended or likely to cause death or great bodily harm

to another if:

(a) The person against whom the defensive force was used was in the

process of unlawfully and forcefully entering, or had unlawfully and forcibly

entered, a dwelling, residence, or occupied vehicle, or if that person had

removed or was attempting to remove another against that person’s will

from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe

that an unlawful and forcible entry or unlawful and forcible act was occurring

or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to

be in or is a lawful resident of the dwelling, residence, or vehicle, such as

an owner, lessee, or titleholder, and there is not an injunction for protection

from domestic violence or a written pretrial supervision order of no contact

against that person; or

(b) The person or persons sought to be removed is a child or grandchild,

or is otherwise in the lawful custody or under the lawful guardianship of,

the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity

or is using the dwelling, residence, or occupied vehicle to further an

unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement

officer, as defined in s. 943.10(14), who enters or attempts to enter a

dwelling, residence, or vehicle in the performance of his or her official duties

and the officer identified himself or herself in accordance with any applicable

law or the person using force knew or reasonably should have known that

the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is

attacked in any other place where he or she has a right to be has no duty

to retreat and has the right to stand his or her ground and meet force with

force, including deadly force if he or she reasonably believes it is necessary

to do so to prevent death or great bodily harm to himself or herself or another

or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a

person’s dwelling, residence, or occupied vehicle is presumed to be doing so

with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

Ch. 2005-27 LAWS OF FLORIDA Ch. 2005-27

2

CODING: Words stricken are deletions; words underlined are additions.

(a) “Dwelling” means a building or conveyance of any kind, including any

attached porch, whether the building or conveyance is temporary or permanent,

mobile or immobile, which has a roof over it, including a tent, and is

designed to be occupied by people lodging therein at night.

(b) “Residence” means a dwelling in which a person resides either temporarily

or permanently or is visiting as an invited guest.

(c) “Vehicle” means a conveyance of any kind, whether or not motorized,

which is designed to transport people or property.

Section 2. Section 776.012, Florida Statutes, is amended to read:

776.012 Use of force in defense of person.—A person is justified in using

the use of force, except deadly force, against another when and to the extent

that the person reasonably believes that such conduct is necessary to defend

himself or herself or another against the such other’s imminent use of unlawful

force. However, a the person is justified in the use of deadly force and

does not have a duty to retreat only if:

(a) He or she reasonably believes that such force is necessary to prevent

imminent death or great bodily harm to himself or herself or another or to

prevent the imminent commission of a forcible felony; or.

(b) Under those circumstances permitted pursuant to s. 776.013.

Section 3. Section 776.031, Florida Statutes, is amended to read:

776.031 Use of force in defense of others.—A person is justified in the use

of force, except deadly force, against another when and to the extent that the

person reasonably believes that such conduct is necessary to prevent or

terminate the such other’s trespass on, or other tortious or criminal interference

with, either real property other than a dwelling or personal property,

lawfully in his or her possession or in the possession of another who is a

member of his or her immediate family or household or of a person whose

property he or she has a legal duty to protect. However, the person is

justified in the use of deadly force only if he or she reasonably believes that

such force is necessary to prevent the imminent commission of a forcible

felony. A person does not have a duty to retreat if the person is in a place

where he or she has a right to be.

Section 4. Section 776.032, Florida Statutes, is created to read:

776.032 Immunity from criminal prosecution and civil action for justifiable

use of force.—

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s.

776.031 is justified in using such force and is immune from criminal prosecution

and civil action for the use of such force, unless the person against whom

force was used is a law enforcement officer, as defined in s. 943.10(14), who

was acting in the performance of his or her official duties and the officer

identified himself or herself in accordance with any applicable law or the

person using force knew or reasonably should have known that the person

Ch. 2005-27 LAWS OF FLORIDA Ch. 2005-27

3

CODING: Words stricken are deletions; words underlined are additions.

was a law enforcement officer. As used in this subsection, the term “criminal

prosecution” includes arresting, detaining in custody, and charging or prosecuting

the defendant.

(2) A law enforcement agency may use standard procedures for investigating

the use of force as described in subsection (1), but the agency may not

arrest the person for using force unless it determines that there is probable

cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation

for loss of income, and all expenses incurred by the defendant in

defense of any civil action brought by a plaintiff if the court finds that the

defendant is immune from prosecution as provided in subsection (1).

Section 5. This act shall take effect October 1, 2005.

Approved by the Governor April 26, 2005.

Filed in Office Secretary of State April 26, 2005.

Ch. 2005-27 LAWS OF FLORIDA Ch. 2005-27

4
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Old 06-12-2012, 10:25   #5
kirgi08
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The idiot that shot someone in a bars parking lot invoking the "law",I hope he enjoys floridas DOC.He's earned it.'08.

Stupid is as stupid does.
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Old 06-12-2012, 10:32   #6
JFrame
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Whether it has any impact on Florida's Stand Your Ground law or not, it does exemplify the leftist mantra of never letting any crisis -- whether manufactured or otherwise -- go to waste.


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Old 06-12-2012, 11:26   #7
kirgi08
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Recall,hopes it turns out like Wisconsin.'08.
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Old 06-12-2012, 11:46   #8
JAS104
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I'm not worried about any changes happening to the CD in states that have it. This Martin b.s. will blow over soon.
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Old 06-12-2012, 12:28   #9
jeanderson
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Quote:
Originally Posted by sr556m9 View Post
... This country is really getting pathetic. It's not free anymore. Coming after sugary drinks, can't drive in the car without your dog being buckled in, can't defend ourselves from criminals, voter fraud, undermining the Second Amendment w/ Fast and Furious. This country is becoming a laughing stock in my opinion. ... Whatever happened to the "land of the free?".
People have become more willing to cede their liberty to gain security. As the saying goes, those that think this way deserve neither.
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When all men are paid for existing and no man must pay for his sins,
As surely as Water will wet us, as surely as Fire will burn,
The Gods of the Copybook Headings with terror and slaughter return!
- Rudyard Kipling, 1919

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Old 06-12-2012, 13:07   #10
JAS104
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Quote:
Originally Posted by jeanderson View Post
People have become more willing to cede their liberty to gain security. As the saying goes, those that think this way deserve neither.
Gotta pull out the Benjamin Franklin quotes on this one lol
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