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
Baltimore Gets Serious on Crime Control, and the Results Speak for Themselves

News  

Monday, July 14, 2025

Baltimore Gets Serious on Crime Control, and the Results Speak for Themselves

As the mid-year mark of 2025 hits, a promising report on crime trends has come out of the City of Baltimore. Surprising news at first glance until you dig deeper into the policy direction the ...

U.K. Moves to Legally De-suppress Suppressors

News  

Monday, July 14, 2025

U.K. Moves to Legally De-suppress Suppressors

On July 4th, President Donald Trump signed into law his “One Big Beautiful Bill,” which included a provision that eliminated the tax stamp fee of $200, but did not deregulate suppressors under the National Firearms ...

President Trump Supports Hunting and Resource Protection with Executive Actions

News  

Monday, July 14, 2025

President Trump Supports Hunting and Resource Protection with Executive Actions

Just as the United States was preparing to celebrate 249 beautiful years, President Donald Trump signed an Executive Order on July 3rd establishing the “Make America Beautiful Again" Commission supporting hunters, outdoorsmen, and outdoor recreationists by prioritizing the ...

Legacy Media Finally Acknowledges Politization of Public Health

News  

Monday, July 14, 2025

Legacy Media Finally Acknowledges Politization of Public Health

It appears the editors of The Atlantic are finally willing to entertain an idea that has long been obvious to gun rights supporters.

House Annual Appropriations Process Update

News  

Monday, July 14, 2025

House Annual Appropriations Process Update

As the House Appropriations Committee is putting together legislation to fund the government, NRA-ILA has worked closely with policy makers to ensure several long-standing priorities for gun owners were included in the underlying bills.

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

Thursday, July 10, 2025

DOJ Declines to Seek Supreme Court Review of Decision Striking Down Federal Laws Prohibiting FFLs From Selling Handguns to 18-to-20-Year-Olds

In Reese v. ATF, the Fifth Circuit held that 18 U.S.C. §§ 922(b)(1) and (c)(1)—which together forbid Federal Firearms Licensees from selling handguns to 18-to-20-year-olds—violate the Second Amendment.

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Monday, July 7, 2025

Florida: Second Amendment Sales Tax Holiday Signed by Governor

Governor Ron DeSantis recently signed the Florida Budget for Fiscal Year 2025–2026, which includes a Second Amendment sales tax holiday from September 8 through December 31, 2025. The NRA is thankful for Governor DeSantis’ strong ...

NRA-ILA July 2025 Litigation Update

Thursday, July 10, 2025

NRA-ILA July 2025 Litigation Update

In the second quarter of 2025, the National Rifle Association filed two cert petitions in the U.S. Supreme Court and five amicus briefs, while continuing to litigate dozens of ongoing lawsuits across the country.

Maine: Lawmakers Call for Anti-2A Progressive Professor to Be Fired

Tuesday, July 8, 2025

Maine: Lawmakers Call for Anti-2A Progressive Professor to Be Fired

In case you missed the media firestorm last week, a progressive professor at Eastern Maine Community College in Bangor, Maine, has come under fire for her emails belittling a student for her religious beliefs and views ...

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.