Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

Stand Your Ground Self Defense Laws Under Ferocious Attack
secondamendmentfreedom.blogspot.com ^ | 03/23/2012

Posted on 03/23/2012 7:27:29 AM PDT by Sasparilla

Stand Your Ground Laws are under attack after the Sanford, Florida gun "crisis." Anti gun groups claim that the law needs to be eliminated or changed. Nothing could be further from the truth. Whether Mr. Zimmerman acted correctly is a matter of speculation, and it will be until it is resolved by the County’s Grand Jury. Justice will be done.

Stand Your Ground laws have saved more lives than have been taken by its misuse. Vocal opponents of the law are not aware that Florida’s Stand Your Ground “Castle” Law only creates a rebuttable legal presumption in the law that the person who acted in “self defense” had a right to do so. Al Sharpton doesn’t know what that means, or even care. The law gives no absolute right to use deadly force. Generally, when a person uses deadly force to defend himself or another, there has to be an honest and reasonable belief that the person using that force has a fear of immediate death or serious bodily injury from the person he has used that force against.

Here’s where the rebuttable presumption in Florida comes into play. If the Prosecutor believes and has evidence that the killing or injury inflicted was done with malice, or that immediate fear of injury or death was not present, then the Prosecutor is free to charge the person with any applicable crime up to murder. The Prosecutor must also prove that the person charged is guilty of violating that law beyond a reasonable doubt.

However, in some states there is also the same type of rebuttable presumption that when a stranger is in your home and has no right to be there, that he is there to do you bodily harm. That is also rebuttable by the Prosecutor.

In both instances, it...

(Excerpt) Read more at secondamendmentfreedom.blogspot.com ...


TOPICS: Government; Politics
KEYWORDS: banglist; standyourground

1 posted on 03/23/2012 7:27:40 AM PDT by Sasparilla
[ Post Reply | Private Reply | View Replies]

To: Sasparilla
Eric Holder's people want absolute gun control because they consider crime to be a legitimate occupational choice, and armed victims to be an OSHA violation.

Besides, if you are a criminal you, by definition, break laws, so you don't care if it's illegal for you to own a gun. You'll get one anyway. It's just another crime.

2 posted on 03/23/2012 7:30:33 AM PDT by Joe the Pimpernel (Islam is a religion of peace, and Moslems reserve the right to slaughter anyone who says otherwise.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sasparilla

Well, it looks like we finally know why all the libs are so outraged. What is saddest to me is that this tragedy is being used for political gain (as usual).


3 posted on 03/23/2012 7:38:19 AM PDT by marstegreg
[ Post Reply | Private Reply | To 1 | View Replies]

To: marstegreg

Can’t let a good “Crisis go to waste”...


4 posted on 03/23/2012 7:40:08 AM PDT by broken_arrow1 (I regret that I have but one life to give for my country - Nathan Hale "Patriot")
[ Post Reply | Private Reply | To 3 | View Replies]

To: marstegreg

using libtard “logic” which states one error voids the law, the next time a woman is assaulted because she wasn’t armed we should change all the anti gun laws to allow open carry,


5 posted on 03/23/2012 7:43:09 AM PDT by bravo whiskey (If the little things really bother you, maybe it's because the big things are going well.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Sasparilla
If they only cried like this when a robber shoots an innocent victim.

6 posted on 03/23/2012 7:49:56 AM PDT by BitWielder1 (Corporate Profits are better than Government Waste)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sasparilla

So, I guess we should ban cars.....what with drunk driving deaths and all.


7 posted on 03/23/2012 7:50:29 AM PDT by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Puppage

I was walking down the street and stubbed my toe... turned black and blue, very painful and was out of work and wouldn’t want anybody else to suffer like that..so, let’s ban walking.


8 posted on 03/23/2012 8:03:56 AM PDT by CIDKauf (No man has a good enough memory to be a successful liar.)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Sasparilla

911 OPERATOR: Are you following him?

GEORGE ZIMMERMAN: Yes.

911 OPERATOR: Okay. We don’t need you to do that.

****

Zimmerman’s dad to the papers yesterday: “At no time did George follow or confront Mr. Martin.”

Maybe he should have listened to the 911 call before presenting a defense of his son’s actions that are contravened by his son’s own statement to the 911 operator.

I live in Florida. I own firearms. I support the ‘stand your ground’ law.
I don’t see how that law protects someone who is stalking another person, gets out of their vehicle, and ends up in the confrontation with the person they are stalking.
If anything, the ‘stand your ground’ provision defends the victim in this case who was pursued and confronted by Zimmerman even though he was not guilty of trespass.

If some weirdo was following my kid around the neighborhood. Chased my kid after they tried to get away, then got out of their car to confront my kid, I would expect my kid to fight back lest the stalker turn out to be a kidnapper, or worse.


9 posted on 03/23/2012 9:22:46 AM PDT by Gunslingr3
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sasparilla

When do Marxists ever pass up an opportunity to attack the right of the people to keep and bear arms?


10 posted on 03/23/2012 9:29:11 AM PDT by Standing Wolf
[ Post Reply | Private Reply | To 1 | View Replies]

To: broken_arrow1

Yup. The pro-crime gun control elements have been waiting for this a long time.


11 posted on 03/23/2012 9:44:06 AM PDT by Little Ray (FOR the best Conservative in the Primary; AGAINST Obama in the General.)
[ Post Reply | Private Reply | To 4 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson