Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

Florida: URGENT TAKE ACTION: Take Back the Right of "Innocent Until Proven Guilty"

Saturday, November 14, 2015

DATE: November 14, 2015
TO: USF & NRA Member and Friends
FROM: Marion P. Hammer
  USF Executive Director
  NRA Past President

 

HB-169 Burden of Proof  by Rep. Dennis Baxley is scheduled to be heard in the House Criminal Justice Committee on Tuesday, November 17, 2015, at 9:00AM.

HB-169 Burden of Proof restores the Stand Your Ground law to the original intent of the Legislature by putting the burden of proof BACK ON THE STATE where it belongs. 

If you own a gun and you ever have to use it to protect yourself or your family and -- you think, because of the Castle Doctrine/Stand Your Ground law, that the law is on your side, think again.  The Legislature gave you protection in 2005, but prosecutors and the courts have taken it away.

In 2005, the Legislature passed a self-defense law that gives immunity from arrest, detaining in custody, charging and prosecuting -- until and unless an investigation by the state reveals there is probable cause to believe the act was not lawful self-defense. 

Prosecutors and the courts didn't like it so they created a special "Stand Your Ground" hearing that forces victims who fight back against criminals to prove they are innocent rather than making the state prove guilt.  This bill stops that and restores the protection the Legislature provided.

It is CRITICAL that you respond by emailing members of the House Criminal Justice Committee.  There are members of this committee who favor prosecutors and the courts INSTEAD OF YOU.

Make no mistake -- a committee member who votes against this bill will be voting against you and your constitutional right of self-defense.

Please EMAIL Committee members IMMEDIATELY and ask them to SUPPORT HB-169 Burden of Proof by Rep. Dennis Baxley

IN THE SUBJECT LINE PUT:  SUPPORT HB-169  Restore Self-defense Rights

(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]

Committee members need to hear from YOU  NOW.  Please email Committee Members IMMEDIATELY. 

BACKGROUND:

Your right to a presumption of innocence has been hijacked. 

Without any legal or constitution authority, Florida Courts & Prosecutors have over ridden the Legislature.

They have willfully usurped the authority of the Legislative Branch because they did not agree with the Legislature.  They created a special "SYG" hearing and reversed the burden of proof from the state to the citizen in self-defense cases.  They are forcing victims to prove they are entitled to the Legislature's protection

This bill reverses their self-serving action and restores the Legislature's actions and intent. 

There is clear judicial support for this bill.  Supreme Court Justices Canady and Poltson, in a recent dissenting opinion, made it clear that the majority opinion "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

Additionally, Justice Canady wrote that the majority, "cannot justify curtailing the immunity from trial under the Stand Your Ground law for those individuals whose use of force or threat of force is legally justified under the governing statutory standard."

And Finally, he wrote that these issues, "are a matter for the Legislature to consider and resolve."

This bill restores the Legislature's intent and once again – as it did in 2005 – reigns in the courts and prosecutors who have overstepped their constitutional authority and the Legislature's law.

In 2005, citizens who exercised a constitution right – the right of self-defense – were being prosecuted like criminals.  And courts – through jury instructions which were unsupported by law – were imposing a "duty to retreat" in self-defense cases. 

Courts were actually instructing juries to find victims guilty of a crime if the victim had not tried to run away before fighting back against a criminal attack.   That is an indisputable fact.

To restore the constitutional right of self-defense and to stop this judicial system abuse, the Legislature created a specific, statutory right of immunity for people who defend themselves from attack. 

This bill restores the presumption of innocence and puts the burden of proof back on the state where it belongs.

TRENDING NOW
California: Bill to Restrict Self Defense Rights Introduced in Legislature

Friday, February 28, 2025

California: Bill to Restrict Self Defense Rights Introduced in Legislature

The California legislative session is currently underway and anti-gun lawmakers are once again wrongly focusing on law-abiding citizens instead of focusing on actual criminals.

New York Town Bans Gun Stores

News  

Monday, March 3, 2025

New York Town Bans Gun Stores

For far too long, the Second Amendment could be referred to as the Rodney Dangerfield of the Bill of Rights.  Within many circles of so-called civil rights advocates, it simply got no respect.  

CPRC: The Many Ways Concealed Carry Permitees Enhance Public Safety

News  

Monday, March 3, 2025

CPRC: The Many Ways Concealed Carry Permitees Enhance Public Safety

Amid the push for national concealed carry reciprocity legislation, gun control opponents continue to insist that concealed carrying has no public safety benefits and that lawfully armed civilians simply escalate the risk to first responders and others ...

Report: Notorious NYPD License Division Drags its Feet on Bruen Compliance

News  

Monday, March 3, 2025

Report: Notorious NYPD License Division Drags its Feet on Bruen Compliance

Following its landmark loss at the U.S. Supreme Court in New York State Rifle & Pistol Association v. Bruen (2022), which made clear law-abiding citizens have a right to bear arms outside the home for self-defense, New ...

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

News  

Second Amendment  

Friday, February 7, 2025

NRA Statement on President Trump’s Executive Order Protecting Second Amendment Rights

Today, the White House announced a new Executive Order to protect and expand the Second Amendment rights of all law-abiding Americans. This is the first action taken by President Donald J. Trump to carry through ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Wednesday, February 26, 2025

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to New York’s “Concealed Carry Improvement Act”

Today, the National Rifle Association filed an amicus brief urging the U.S. Supreme Court to hear a challenge to New York’s “Concealed Carry Improvement Act.”

Washington: Gun-Free Zone Bill Heads to Senate Floor

Monday, March 3, 2025

Washington: Gun-Free Zone Bill Heads to Senate Floor

On Monday, March 3rd, Senate Bill 5098 was pulled from the Senate Rules Committee to the Senate floor, where it is eligible for a vote at any time. 

The Hearing Protection Act Introduced in the 119th Congress

News  

Wednesday, February 5, 2025

The Hearing Protection Act Introduced in the 119th Congress

U.S. Representative Ben Cline (R-VA-06) and U.S. Senator Mike Crapo (R-ID) recently reintroduced the Hearing Protection Act (H.R. 404/S. 364) in the 119th Congress. This commonsense legislation will give gun owners and hunters the opportunity to ...

New Mexico: Semi-Auto Ban Hearing Continued to Wednesday

Tuesday, March 4, 2025

New Mexico: Semi-Auto Ban Hearing Continued to Wednesday

Yesterday evening, Senate Judiciary Committee introduced the language for SB 279, with many voices from the firearms industry, firearms dealers, sportsmen, cattle ranchers, and ordinary citizens made their opposition known in testimony.

Colorado: FOID Bill Removed From Hearing Schedule A Second Time

Tuesday, March 4, 2025

Colorado: FOID Bill Removed From Hearing Schedule A Second Time

Following the trend of this legislative session, Colorado's semi-automatic ban turned FOID-bill has experienced yet another delay.

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.