Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida Urgent Alert! YOUR HELP NEEDED! Self-Defense Bill Up in House Criminal Justice 2/22/2017

Friday, February 17, 2017

 

DATE: February 17, 2017
TO: USF & NRA Members & Friends
FROM: Marion P. Hammer
  USF Executive Director
  Past NRA President

We urgently need your help.  Our critically important self-defense bill will be heard by the House Criminal Justice Committee on Wednesday, February 22, 2017, between 8:30-10:30am.

HB-245 by 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. 

CONTRARY to what some of the media and antigun legislators have tried to claim,
this bill is NOT an expansion of the Stand Your Ground law. This bill only puts the burden of proof back on the state where it belongs and where it was before some antigun prosecutors and activist judges reversed it.

Go to this link and watch the powerful 
1 minute 38 second testimony of the elected Public Defender from the 8th Judicial Circuit, Stacy Scott representing the Florida Public Defenders Association.  Then PLEASE Email Legislators immediately.

https://youtu.be/Xrl7kUxnceo


Please EMAIL the following House members IMMEDIATELY and URGE them to SUPPORT HB-245

IN THE SUBJECT LINE PUT:  SUPPORT HB-245 in House Criminal Justice  Committee

(To send your message to all just Block and Copy All email addresses into the "Send To" box)

[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected],
[email protected]

These House Committee members need to hear from you.  Please email them IMMEDIATELY.

BACKGROUND ON BURDEN OF PROOF:

In 2005, people who exercised self-defense were being prosecuted like criminals and courts – with no legislative authority – were imposing  a "duty to retreat" in self-defense cases. 

Courts were instructing juries to find victims guilty if the victim had not tried to run away before fighting back against a criminal attack.

So the Legislature took action to restore the constitutional right of self-defense and created a specific, statutory right of immunity for people who defend themselves from attack.

That law prohibits arresting, detaining in custody, charging and prosecuting unless and until an investigation reveals there is probable cause to believe the act was not lawful self-defense.

But some prosecutors and judges didn't like it so they found a way to usurp the law and bypass the intent of the Legislature. 

With no legislative authority, they created a special "Stand Your Ground" hearing and reversed the burden of proof from the state to the victim.   Through case law, they changed a legislative law they didn't like.

They effectively created the presumption of guilt for the exercise of self-defense.

After conspiring to create an extra hearing in self-defense cases, prosecutors are now  arguing that it would be ‘too much work for them' if  the State has the burden of proof in this additional hearing and they actually  have to prove their cases.

And in July, 2015, the majority of the Florida Supreme Court found that victims SHOULD have the burden of proof and prove they are "entitled to immunity provided by the Legislature."   It is an outrageous opinion.

Supreme Court Justice Charles Canady and Justice Ricky Poltson strongly objected and in dissenting opinion, Canady wrote that the majority opinion, "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

Further, he wrote that the majority "cannot justify curtailing the immunity ..." And that this problem is a matter for the Legislature to resolve. 

In other words it's up to the Legislature to put it back.  This bill fixes it.  It places the burden of proof back on the state where it belongs.  And it restores the right of the presumption of innocence and the right of self-defense. 

Just in case you haven't seen it, go here to watch the video of Senate President Joe Negron explaining why this bill is important.

https://m.youtube.com/watch?v=opv_hIqcngs&feature=youtu.be

 

 

 

 

 

 

 

TRENDING NOW
Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

News  

Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: Gun Bills in Committee This Thursday

Tuesday, January 20, 2026

Virginia: Gun Bills in Committee This Thursday

On Thursday, January 23rd, the House Public Safety Subcommittee – Firearms will hold a hearing on several pro-gun measures.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

News  

Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

Fourth Circuit Strikes Down Maryland’s “Vampire Rule,” but Upholds Other Carry Restrictions in NRA Case

Tuesday, January 20, 2026

Fourth Circuit Strikes Down Maryland’s “Vampire Rule,” but Upholds Other Carry Restrictions in NRA Case

The Fourth Circuit Court of Appeals issued a decision today in Kipke v. Moore, an NRA-supported case challenging Maryland’s sweeping carry restrictions enacted as part of the Gun Safety Act of 2023.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

News  

Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

The fundamental right to travel has garnered increased attention over the past decade with the United States Supreme Court expanding and confirming that United States citizens have a protected right to travel from state to ...

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

Washington: Senate Passes Gun-Free Zone Expansion Bill

Wednesday, January 21, 2026

Washington: Senate Passes Gun-Free Zone Expansion Bill

Yesterday, January 21st, the Senate held the final vote on Senate Bill 5098, a carry-over bill from the 2025 session that effectively turns the entire state of Washington into a "gun-free" zone. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.