Free Republic

A former Oklahoma pharmacist is seeking a reduction of the life prison sentence he received for shooting a teenage would-be robber to death nine years ago, but legal experts say actions that many consider vigilantism leave little chance the request will be granted.

On Wednesday, March 21, 2018, Idaho bill SB 1313 was enacted into law. It became law without Governor Otter's signature when he failed to veto it. The new law will take effect on 1 July, 2018.  The law qualifies as a "stand your ground" law, consistent with the law in 70% of the states. The law made relatively minor adjustments in the law of self defense in Idaho. It clarified when homicide was justifiable, adding places of business and conveyances as places with the current protections for habitations. In Idaho, the law already defined as justifiable, homicide done to...

The Alabama House of Representatives voted 40-16 to expand “Stand Your Ground” the day after the Florida school shooting occurred. The vote was to broaden the statute to allow defense of life in churches. It was presented as part of an overarching goal of removing weak spots in current law so that citizens can defend themselves when an attacker strikes. The Seattle Times quoted state Rep. Lynn Greer (R-Rogersville), saying, “You got nuts everywhere just like you had in the high school in Florida yesterday. Occasionally, they show up in a church.” Democrats opposed the vote to expand Stand Your...

Controversial Miami-Dade Circuit Judge Milton Hirsch, intensely dislikes the "Stand Your Ground" concept. He ruled the legislature does not have to power to regulate the "Stand Your Ground" law. The Florida legislature passed a reinforced "Stand Your Ground" law in 2017.  The new law stems from prosecutorial abuses, where people who are clearly justified in using force for self defense, are put through the criminal justice system, even though the chance of a conviction in the courts is slim.  People charged with a crime faced years of court costs and uncertainty.  It is punishment by process. The legislature removed...

MIAMI -- A judge has ruled that Florida's lawmakers overstepped their authority in updating the state's "Stand Your Ground" ruling. Ruling issued Monday by Miami-Dade circuit judge Was signed into law in June by Gov. Rick Scott In ruling the law unconstitutional, Miami-Dade Circuit Judge Milton Hirsch said Monday that the changes should have been crafted by the Florida Supreme Court instead of by the Legislature. The Miami Herald reports that the 14-page order is a victory for prosecutors who have firmly opposed the law. Critics have said the law makes it easier for defendants to get away with murder...

Friday, I had a great interview with Greg Pruett, the founder and President of the Idaho Second Amendment Alliance. The ISAA has been successful in getting anti-gun legislators voted out of office, getting city and county gun bans overturned (Idaho has a state pre-emption law, but when did a pesky little thing like the law ever stop penny-ante tyrants?), and in making Idaho the ninth state in the nation to pass a Constitutional carry law. Really, if you don’t know what Constitutional carry is, Google it. Better yet, get a copy of the Constitution and read it.

NRA says law 'restores the right of the presumption of innocence and the right of self-defense'! On Friday, Florida Gov. Rick Scott (R) signed into law new legal protections for individuals who defend themselves with firearms. Senate Bill 128 shifts the burden of proof requirement from the accused to state prosecutors during certain legal proceedings when someone claims he fired a gun in self-defense. The law, which goes into effect immediately, requires that state prosecutors present evidence to overcome a defendant's claim that they employed a justifiable use of force. If the prosecutors can't show "clear and convincing evidence" that...

Since American citizens have the right to keep and bear arms (not just law enforcement officials, as gun control advocates maintain), it would seem to follow that they’re entitled to use their weapons when they are threatened. More than a century ago, the U.S. Supreme Court recognized that in Beard v. United States, where the first Justice Harlan wrote that the defendant, who had been convicted of manslaughter for killing a man in a violent dispute, was not obliged to retreat, not to consider whether he could safely retreat, but was entitled to stand his ground, and meet any attack...

No charges to be filed against Mr. AR15.

The case dates to January 2014 when Reeves, then 71, confronted a man in a suburban Tampa movie theater about texting during the previews before a showing of "Lone Survivor." The two argued, and then Reeves walked out of the theater to complain to an employee. When Reeves returned, he and the man, Chad Oulson, began arguing again. Oulson threw a bag of popcorn at Reeves, according to a criminal complaint, and Reeves then took out his handgun and fired at Oulson, killing him. Defense attorneys asked the judge to dismiss the murder charge under the "stand your ground" law...

After New Hampshire enacted Constitutional Carry, similar bills are still under consideration and a chance in Alabama, Indiana, North Dakota, and South Carolina. The bill is still under consideration in South Dakota, but the governor in South Dakota has already indicated that he will veto the bill. As of right now, there is still a chance for 16 to 17 states having Constitutional Carry by the end of the year. Alabama: Will likely be voted on in the state Senate during the week of March 13th. Senate Judiciary Committee approved the bill, SB 24, with a 6-3 vote on March...

Gun-control advocate Michael Bloomberg says that “Stand Your Ground” laws amount to “shoot first, ask questions later.” In fact, as the Minnesota House Committee on Public Safety and Security Policy will hear in testimony today, Stand Your Ground laws do not allow the initiation of force. Since the response must be proportionate to the threat, a defendant cannot shoot unless he is in imminent danger of serious bodily harm or death. Or, at least, a reasonable person must have cause to perceive such a grave threat. Prior to Stand Your Ground, citizens have had to retreat as far as possible...

Dr. John Lott testified to the Minnesota state House Committee on Public Safety and Security Policy on Stand Your Ground bill. See also his discussion on the op-ed page in the Minneapolis Star-Tribune available here.

New medical findings link Florida's Stand Your Ground law to a significant increase in gun deaths. JAMA Study: 24.4% increase in homicide associated with Stand Your Ground Study authors say findings should be used to make informed decisions A study published in the Journal of the American Medical Association states implementing Stand Your Ground in Florida is associated with a 24.4 percent increase in homicide and a 31.6 percent increase in firearm-related homicide in the state. "So the implication of these findings is that almost immediately after Stand Your Ground was enacted, rates of homicide and firearm homicide have gone...

The shooting scene: Driveway with car and truck is Doyle's. Truck and trailer are Gonzalez'. On July 23 of 2015, in Citrus County Florida, Robert Doyle and Candelario Gonzalez had a very bad day.  Both made intemperate statements.  Gonzalez had his wife and two child relatives in the car with him.  He followed Doyle and Doyle's wife to their home.  Gonzalez' wife reported to 911 that "My husband wants to go whoop his (expletive),".  Gonzalez can be heard in the background: “He just flipped me off, I’m going to kick him right in his (expletive). … I’m going to...

JEFFERSON CITY — Missouri became the latest state to allow residents to carry a concealed weapon without a permit when lawmakers supported the change Wednesday. Tense debate during the legislature's annual veto override session encompassed themes of race and class as lawmakers clashed over whether to override Gov. Jay Nixon's veto of Senate Bill 656. In the days leading up to the session the debate drew national attention, with organizations on both sides of the issues working to influence lawmakers. Another controversial part of the bill is its "stand your ground" provision, which will allow residents to use deadly force...

Missouri lawmakers passed a sweeping expansion of gun rights Friday, allowing people to carry concealed guns without needing permits while also expanding their right to stand and fight against perceived threats. The legislation, which goes to Democratic Gov. Jay Nixon, was among the most prominent measures passed by the Republican-led Legislature on the final day of its annual session. Under the measure, most people could carry concealed guns, even if they haven’t gone through the training now required to get a permit. The legislation would also expand the state’s “castle doctrine” by allowing invited guests such as baby sitters to...

ORLANDO, Fla. — A man is claiming self-defense after another customer at a gas station pulled a gun out during an argument early Monday. The incident happened at about 12:48 a.m. between Titus Bernard, 29, and Delvin Jamar Broner, 36, the Orlando Police Department said. The altercation started as an argument between the two that was instigated by Broner, investigators said. The situation escalated and Broner, a convicted felon, pulled out a gun. Bernard, who had a valid concealed weapons permit, pulled his own gun and fired several times, killing Broner, police said. "I don't know what I would have...

An 11-year-old boy from Talladega, Alabama, boasted about shooting at a fleeing burglar 12 times and mocked the man (whom he had wounded in the leg) for “crying like a baby”. Chris Gaither told WVTM news he was home alone Wednesday morning when he heard an intruder breaking into his house.

Chris Gaither was home alone “petting the dogs” on Wednesday morning when he heard a noise upstairs. The 11-year-old boy from Talladega, Ala., told NBC affiliate WVTM-TV that he was scared, so he grabbed a knife and steadied himself. Chris said that a man appeared on the stairwell, but when confronted, he ran back up upstairs. When the man reappeared moments later, the boy told WVTM-TV, the individual was holding a gun. “When he was coming down the stairs, that’s when he told me he was going to kill me, f-you and all that,” Chris said. Instead of running, Chris...