I searched and didn't see another thread so I hope I am not repeating here.

Florida law provides immunity from prosecution if use of force is justified under chapter 776. As a practical matter this would generally apply to use of force outside the home or occupied vehicle, where there is a presumption of fear under the law. The problem was, if justification is not apparent to law enforcement and they believe they have probable cause that a crime was committed, they can arrest and make a charge. If charged, the defendant is entitled to what has been called a stand your ground hearing, where a judge determines if the defendant is entitled to this immunity. The defendant had the burden of proof that he/she was justified in the use of force in this hearing. If successful in a stand your ground hearing the charges are dropped and the defendant can have the record removed.

The change in Chapter 776 signed into law by the governor on 10 June shifts the burden of proof in the stand your ground hearing back onto the prosecution, to prove the defendant WAS NOT justified, thereby bringing the statute more in line with the constitutional principle that you are innocent until proven guilty.

Florida State Attorneys are unhappy about this change in the law, but have themselves and some overzealous law enforcement to blame, for unfounded arrests and prosecutions of people who were acting in self defense.

Florida's stand your ground law has been much maligned and misunderstood as it was, and were it not for the mainstream media's obsession with Russia their heads might be exploding over this enhancement of the law.

Here is the text:

http://www.flsenate.gov/Sessio.../128/BillText/er/PDF

Sounds like a good move to me.

flashguy

quote:

Originally posted by flashguy:
Sounds like a good move to me.

flashguy

Yep. Sounds good based on the info above.

Freedom keeps winning!

Democrats, Progressives, race baiters and the Tampa Bay Times must be very sad.

Sounds like common sense, for a change.

That is some great news.

Excellent! One less thing to concern you when you have to respond quickly. Although I imagine in the heat of the moment that's the last thing I would be thinking. Afterwords yep for sure.

Just another reaction by the FL state legislature in response to certain state attorneys intentionally mis-applying the law when filing charges.

This dance has been going on for a few years. Incidental exposure being charged as brandishing as well as drawing and not firing when the threat ceases. You would think the state attorneys would learn but no.

The best part is that FL's gun rights are so much further along thanks to these fools.

Outstanding!

Glad to see that they shifted this burden.

great news!

Yep, one more step in the right direction. And as SinZone noted, we can all thank a bunch of arrogant, liberal, state prosecutors for this change.

excellent

put the burden where it belongs

God bless this state!

Fuck the states attorneys, they need to do their jobs and the burden of proof should always be square on the state and their shoulders.

I remember NRA-ILA and Florida groups pushing this through for awhile now. Glad to see it has come to pass.

I was waiting to see if he would actually sign it! Had me worried there for a second.