Posted on 01/24/2005 7:04:47 PM PST by Mulder
DATE: January 20, 2005 TO: USF & NRA Members and Friends FROM: Marion P. Hammer NRA Past President Executive Director Unified Sportsmen of Florida
SUBJECT: SB-436 Use of Force/Castle Doctrine Hearing Scheduled
The Senate Criminal Justice Committee will hold a hearing on SB-436 by Senator Peaden and others on Wednesday, January 26, 2005 from 2:00PM - 4:00PM.
Please immediately send email to members of the Senate Criminal Justice Committee and URGE THEM TO SUPPORT SB-436 by Sen. Peaden.
IN THE SUBJECT LINE OF YOUR EMAIL PUT:
SUPPORT SB-436 - Use of Force/Restoring the Castle Doctrine
(Below is a list of the email addresses)
SENATE CRIMINAL JUSTICE COMMITTEE
Stephen Wise (R), Chairman stephen.web@flsenate.gov
Rod Smith (D), Vice Chair smith.rod.web@flsenate.gov
Victor Crist (R) crist.victor.web@flsenate.gov
Mike Haridopolos (R) haridopolos.mike.web@flsenate.gov
Jim King (R) king.james.web@flsenate.gov
Ron Klein (D) klein.ron.web@flsenate.gov
Evelyn Lynn (R) lynn.evelyn.web@flsenate.gov
Frederica Wilson (D) wilson.frederica.web@flsenate.gov
BACKGROUND:
SB-436 corrects a serious problem for citizens who chose to protect themselves in the face of attack by violent criminals.
This bill REMOVES the "duty to retreat" in the face of attack; it creates the presumption that an attacker or intruder intends to do great bodily harm and therefore force, including deadly force, may be used to protect yourself, your family and others in the face of attack; it prohibits prosecution for defending that which you have a right to defend and prohibits civil lawsuits by criminals or relatives of criminals when criminals are injured or killed while attacking law-abiding people.
The Courts in Florida have clearly eroded the rights of law-abiding citizens by imposing a "duty to retreat" (leave your property and RUN) when attacked.
Law-abiding citizens should not be victimized by the state/courts for failing to retreat (RUN) from their own property or any place they have a right to be in the face of attack by an unlawful intruder. Nor should they be victimized for using deadly force against a perpetrator who unlawfully intrudes -- regardless of whether the victim knows what kind of force the perpetrator intends to use.
Any victim should be able to presume that an unlawful intruder is there for the purpose of doing great bodily, and subsequently places the victim and the victim's family in great imminent peril.
The Castle Doctrine is an ancient common law doctrine with origins going back at least to Roman law that provides that a man's home is his castle and, hence he may use all manner of force including deadly force to protect it and its inhabitants from attack.
The Florida Constitution Article I, Section 2 guarantees basic rights to all natural persons including the right to defend life and protect property.
The citizens of Florida have a right to expect absolute safety within their own homes or vehicles and to be able to use all manner of force against and unlawful intruder/attacker.
PLEASE EMAIL THESE SENATORS AND URGE THEM TO SUPPORT SB-436 BY SENATOR DURELL PEADEN.
ping
Please ping other Florida Freepers, if y'all are so inclined.
It's a very good bill for knife owners, karate experts, and anyone else that wishes to defend their self.
Wow! This is great, talk about clear language........ Covers both criminal and civil.
Yep. It accomplishes 3 main things:
1) Eliminates the "duty to retreat" clauses in Florida law, and specifically says there is no duty to retreat when you are in your vehicle, at a friend's house, or "in any place you have a Right to be".
2) Makes it where you cannot be arrested after using deadly force in self-defense (or defense of another), unless the cops have probable cause that you used excessive force.
3) If found "not guilty" in a criminal trial, either the prosecutor's office or the arresting police agency, must reimburse all your expenses, including lawyer costs, lost wages, etc....
It does that also (I knew I was forgetting something).
There are already *some* provisions in Florida code protecting you against civil lawsuits if you lawfully use deadly force, but this bill strengthens those provisions.
I dont see how anyone in their right mind could oppose this bill. Oh yea.. liberals :p
Thanks for the post Mulder. This is great news, and a giant leap forward for all those CCW permit holders who may have occasion to use their weapon in self defense.
IMHO F.S. 776 still needs more fine tuning, but at least this is a start.
/jasper
Chairman - Steven Wise mailto:wise.stephen.web@flsenate.gov
VC - Rod Smith mailto:smith.rod.web@flsenate.gov
Victor Smith - mailto:crist.victor.web@flsenate.gov
Mike Haridopolos - mailto:haridopolos.mike.web@flsenate.gov
James King - mailto:king.james.web@flsenate.gov
Ron Klein - mailto:klein.ron.web@flsenate.gov
Evelyn Lynn - mailto:lynn.evelyn.web@flsenate.gov
Frederica Wilson - mailto:wilson.frederica.web@flsenate.gov
Thanks for the ping, Joe!
Sunshine State bump.
How did the meeting go?
Passing it on...
http://www.flsenate.gov/data/session/2005/Senate/bills/analysis/pdf/2005s0436.cj.pdf
http://www.flsenate.gov/cgi-bin/View_Page.pl?Tab=Committees&Submenu=4&File=CJ_050126_1400_1600.html&Directory=\committees\senate\Agenda\
Don't know about south Florida, but in the North, juries have made this lay for a long time.
And yes, I've been in that situation. And no, I didn't shoot. (Richmond, VA circa 1990)
5.56mm
BTTT!!!!!!!
Okay. You are assuming that "bad guys" will do what you tell them if you point a gun at them. I can tell you(as a law enforcement officer) that is a bad assumption. If the "bad guy" thinks you will NOT shoot, or KNOWS that you can't legally shoot he will NOT comply with anything you say, but will most likely walk away or laugh at you.
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