Florida court exposes out of control gun policy

Florida International University Student Media ^ | January 9, 2015 | Alan Di Diego and Stephanie Piedrahita

[2ndDivisionVet]

3 years ago, Jared Bretherick was cruising in a car with his family close to Orlando when another vehicle, steered by Derek Dunning, nearly sideswiped their car.

A brief confrontation ensued, during which Bretherick’s father dialed 911 and unveiled a holstered weapon. Dunning got back inside his car and began backing it up toward the Brethericks. When officers arrived at the scene, Bretherick was aiming his father’s gun at Dunning’s vehicle. He was detained, arrested and charged with aggravated assault.

In Bretherick’s first court hearing, he pursued legal immunity under Florida’s “Stand Your Ground” law. The statute, which attracted national attention following the Trayvon Martin case, protects individuals who use weapons in self-defense.

Bretherick’s request for immunity was turned down, but several protests and many months later, he was able to appeal his case all the way to the Florida Supreme Court.

If the Court ruling is in Bretherick’s favor, those who own guns would no longer be required to prove that they were acting in self-defense when using their weapons in rough confrontations. Rather, prosecutors would have to prove that the person did not act in self-defense, an incredibly difficult burden of proof.

There are no signs that Bretherick’s life was in jeopardy, in spite of the fact that he claimed Dunning said he had a gun, the sole weapon found at the scene was the one in Bretherick’s hand.

Luckily, he never fired his firearm, although it is very likely that he could have if it weren’t that officers arrived when they did.

The plain fact that this case has standing in a court of law shows how far off track our state’s gun policy has developed. At any opportunity, judges and NRA lobbyists support and urge loosening Florida’s gun restrictions which can clearly lead to an increase in unneeded violent confrontations.

Of course, as citizens and as students, we should have the right to adequately protect ourselves and our families and friends when their lives are in danger. However, firing a firearm is a serious matter. Those who participate in such an act should have to justify their actions if there is doubt about wether they were warranted or not.

All this spawns a million questions, like whether or not guns should be allowed on college campuses, or if we should reconsider the 2nd amendment altogether. Many believe the 55 percent of students who carry a weapon have no bad intentions; they simply need their gun for protection against the occasional parking spot savage. But the other 45 percent is what should worry all students of FIU as well as our elected politicians.

Just 2 months ago an FIU officer lost his temper and fired his gun inside a police facility on campus (North). Many students may not grasp the severity of this kind of topic, but when we wake up and news headlines read “High School Shooting in Ohio” or “3 Killed, 2 Injured At Local College”, we have to realize that this is happening and it’s terrifying.

Luckily, our campus’ police department is always working to ensure our overall safety, but as students we should push for gun reform not just for our state and for the safety of our friends and family, but for our country and for all Americans.

[2ndDivisionVet]

I wish I was half as smart today as I thought I was at 21.

[rktman]

Out of control what? Hmmm. Wonder what the make up is of FIU.(I think I already know) Maybe the UNCF has some influence on their “research”.

[Little Ray]

If the facts are correct, I’d let Bretherick off. It reads like he and his family were threatened. And if a car isn’t a dangerous weapon, I don’t know what is.

[colorado tanker]

Should never have happened in the first place. If there is no collision, drive on or report the car to a hot line. There is way too much road rage out there. The guy was needlessly exposing his family to a volatile situation.

[vbmoneyspender]

Florida Crime Rate By Year - The trend you see is known as 'luck' among left wingers - See Link

						Forcible		Aggravated		Larceny-	Vehicle
Year	Population	Index	Violent	Property	Murder	Rape	Robbery	assault	Burglary	Theft	Theft
2000	15,982,378	910,154	129,777	780,377	903	7,057	31,809	90,008	172,898	518,298	89,181
2001	16,373,330	913,230	130,713	782,517	874	6,641	32,867	90,331	176,052	516,548	89,917
2002	16,691,701	905,957	128,721	777,236	911	6,753	32,581	88,476	177,242	511,478	88,516
2003	16,999,181	881,976	124,280	757,696	924	6,727	31,523	85,106	170,644	505,489	81,563
2004	17,385,430	850,895	123,754	727,141	946	6,612	29,997	86,199	166,332	482,484	78,325
2005	17,768,191	838,965	125,957	712,998	883	6,592	30,141	88,341	164,783	472,912	75,303
2006	18,089,888	849,879	128,795	721,084	1,129	6,475	34,147	87,044	170,873	473,774	76,437
2007	18,251,243	878,227	131,880	746,347	1,201	6,151	38,162	86,366	181,833	490,858	73,656
2008	18,423,878	885,166	126,260	758,906	1,169	5,972	36,269	82,850	188,475	506,914	63,517
2009	18,537,969	825,551	113,541	712,010	1,017	5,501	30,911	76,112	181,884	479,867	50,259
						Forcible		Aggravated		Larceny-	Vehicle
Year	Population	Index	Violent	Property	Murder	Rape	Robbery	assault	Burglary	Theft	Theft
2010	18,838,613	771,004	101,969	669,035	987	5,373	26,086	69,523	169,119	458,454	41,462
2011	19,082,262	769,398	98,198	671,200	984	5,273	25,622	66,319	170,171	461,408	39,621
2012	19,320,749	727,075	94,087	632,988	1,009	5,260	23,889	63,929	153,563	442,095	37,330
2013	19,552,860	697,120	89,948	607,172	972	4,722	23,200	61,054	138,916	433,344	34,912

[Boogieman]

“There are no signs that Bretherick’s life was in jeopardy...”

Wait, just a few sentences ago you wrote:

“Dunning got back inside his car and began backing it up toward the Brethericks.”

If someone I just got into a confrontation with gets in their vehicle, aims it at me, and accelerates towards me, that is an immanent threat to my life.

[umgud]

Police treat a car as a dangerous weapon all the time.

[marktwain]

If the Florida Court rules in favor of Bretherick, It will only be following the law in all the rest of the states but Ohio.

The burden of proof that a person did *not* act in self defense is the law in 49 states.

It is called the presumption of innocence.

[Kackikat]

So is that better policing or better gun laws?

[ChildOfThe60s]

No surprise coming from FIU. I’d be surprised at anything else.

[CGASMIA68]

“F I U in 72”,Suck and bad mantra bck then....more worse’er now...

[BlueNgold]

It’s actually a fairly straightforward case, and it’s sad it had to get to the FL SC.

Let me address the ridiculously uninformed whine of the activist student journalist that the burden for prosecutors will be much higher...

1. In criminal cases the burden of proof is on the government. Period. I hate it for you that you don’t like guns and this is icky to you, but that is and should be a universal concept of criminal law.
2. Under title 46, FL statutes, chapter 784, article 784.021, aggregated assault is defined with specific intent qualifiers. Therefore mens rea becomes an item requiring affirmative proof.
3. FL law allows for self-defense as a affirmitve defense, and the state must there prove an aggressive action and intent to over ride and or disprove the defense.

It’s far from a calamity that the agents of the state, any state, be required to prove all elements of their case before the liberty of a citizen is jeopardized.

[vbmoneyspender]

An armed society is a law-abiding society.

[Bob]

From the article in two successive paragraphs:

Just 2 months ago an FIU officer lost his temper and fired his gun inside a police facility on campus (North)....

Luckily, our campus’ police department is always working to ensure our overall safety,...

Huh? I'm not quite grasping how a campus cop losing his temper and firing a gun contributes to ensuring "our overall safety".

[vbmoneyspender]

The recent report from ABC News that in Florida, where there are more concealed weapons permits than anywhere else in the country, violent crime has dropped to the lowest point in history, delighted Sean Caranna, executive director of Florida Carry, Inc. “We’re happy to have facts and statistics put into these debates, because every time they do, we win,” he said.

Firearm-related violent crimes in Florida have dropped by one-third in just four years, 2007 to 2011, while concealed carry permits jumped by 90 percent in that period. Further, violent crime of any kind dropped almost as much, 26 percent.

[Sasparilla]

The FIU student author has probably been programmed by liberal school faculty since childhood. Wonder what kind of article she will write after being assaulted, mugged, burglarized, or worse if that happens sometime in the future?

[Kackikat]

Good to know.

[Kackikat]

True.

[Sasparilla]

Yes, there are more concealed weapons permit holders in Florida. In fact, 10% of the population, one in 19 have permits. Permits in Florida include sidearms and also long bladed knives and lead slaps like the ones cops carry.

To put the 1 in 19 in real world context, if you are in a Walmart checkout line on a real busy day, approximately one person in a four person line out of five similar lines at cash registers are concealed permit holders.

Liberals freak out about CCW, but they are next to, beside of, or across from a licensed carrying permit holder every day, and walk away unscathed unknowingly.

[Tonytitan]

...our campus’ police department is always working to ensure our overall safety,...

When seconds count,...they're eating donuts.