Smart legislation. IMO anyway

[Leverdude]

Maybe Florida can set an example for the rest of our nation & maybe Jeb could wake his brother up for us too.

 
 FLORIDA CASTLE DOCTRINE BILL
 

On March 23, The Florida Senate passed SB-436, "Castle Doctrine" by a vote of YEAS  39 -- NAYS  0

 

On April 5, The Florida House passed SB-436, "Castle Doctrine" by a vote of YEAS 94  NAYS  20

 

On April 26, Governor Jeb Bush SIGNED SB-436, "Castle Doctrine" into law (Chapter No. 2005-27) It takes effect on October 1, 2005.  

 

For those who want detailed information on why this bill is important, the following information is provided.

 

A great deal of erroneous information has been written, published and spoken about Florida's new "Castle Doctrine" bill.

 

Claims that the new law will turn Florida into the Wild West are not only an insult to intelligent people but give a patently false portrait of what the bill actually does.

 

The Florida "Castle Doctrine" bill does basically three things:

 

One:  It establishes, in law, the presumption that a criminal who forcibly enters or intrudes into your home or occupied vehicle is there to cause death or great bodily harm, therefore a person may use any manner of force, including deadly force, against that person.

 

Two:  It removes the "duty to retreat" if you are attacked in any place you have a right to be. You no longer have to turn your back on a criminal and try to run when attacked. Instead, you may stand your ground and fight back, meeting force with force, including deadly force, if you reasonably believe it is necessary to prevent death or great bodily harm to yourself or others.

 

Three:  It provides that persons using force authorized by law shall not be prosecuted for using such force.

 

It also prohibits criminals and their families from suing victims for injuring or killing the criminals who have attacked them.

 

In short, it gives rights back to law-abiding people and forces judges and prosecutors who are prone to coddling criminals to instead focus on protecting victims.

[FWiedner]

Posted a short article on April 27 about JEB signing this legislation into law.

http://www.graybeardoutdoors.com/phpbb2/viewtopic.php?t=62143

Didn't seem to cause much of a stir.

This is important stuff, and these particular rules of law should be standard across the nation.

The citizens of the State of FL can once again walk with heads held high, the law doesn't require them to be cowards in their own homes.

 :?

[Leverdude]

I E-mailed my legislators all the info I could find on it as soon as it got signed.  If it wasn't so dern hot & sticky I might move down there.

[Leverdude]

Well, yes important legislation no doubt, happy to see Florida advancing. My only comment is that it sets a precedent of 'not having or acknowlegement of basic freedoms' unless the government bequeaths such basic rights. Sort of the ultimate 'you're free as long as you do what your told'.


.........................TM7

Your right but sadly since we've got a bajillion gun control laws on the books we need laws protecting the honest gun owners & the right to self defence.

[Will Bison]

This reminds me of an incident that occurred some 20 years ago. I was just about to walk in the grocery store when I was confronted by a man cursing and rapidly advancing toward me. He threw a punch directed at my face. I instinctively put both hands in front of my face and pushed away from him. He stumbled back about 8 feet and struck the stone facade of the building and slumped to the ground. On que, his wife came out and started screaming drawing quite a crowd. She accused me of attacking her husband. I knew that from her initial position in the store she could see nothing of what happened. The fellow had a cut on the back of his head and keep rubbing it and bringing the blood down on his face and white shirt.

The net result was off to jail for me with a bail of $5,500 and charges of assault and battery causing substantial bodily harm and assault of an elderly person. The maximum sentence was 6 years. A felony charge.

My attorney called in a PI who disclosed that my victim had been involved on five other occasions of a similar nature and that he was from Canada in the US on vacation. In each case he had prevailed in civil actions. We also learned that he had a local attorney "on tab" prior to my encounter with him.

At pre-trial the case was bound over for trial. My attorney said he felt I would be found guilty at trial but we could possibly win on an appeal. Total cost to maybe win, $20,000 to $30,000. I wanted to take it all the way in spite of cost and then go after the guy in civil court. My attorney said no can do, he's from Canada. Can't sue across the border.

My victims attorney called and said his client would settle out of court for $5,000, sign a covenant not to sue and would not testify at trial.

I paid the five grand, paid my attorney two grand and lost $550 on my bail. I could have lost a lot since I was an Air Force officer. Immediate dismissal from the service, loss of Federal retirement, loss of RKBA, loss of vote, six years in prison, loss of home, a felony record and probably a substantial amount of money.

Was I guilty? Yes....The law in Nevada is crystal clear, you must retreat until there is no option even in your home.