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DATE:

June 6, 2017

TO:

USF & NRA Members and Friends

FROM:

Marion P. Hammer

 

USF Executive Director

 

NRA Past President

 

Two NRA/USF supported bills – both critically important to self-defense rights are now on the Governor's desk awaiting his action.

One, SB-128 Burden of Proof by Sen. Rob Bradley and Rep. Bobby Payne restores the presumption of innocence in self-defense cases by putting the burden of proof BACK ON THE STATE where it belongs.

The second,  SB-1052 Justifiable Use of Force  by Sen. David Simmons and Rep. Cord Byrd corrects a 2014 drafting error (by a member of the House Criminal Justice Committee Staff) resulting in a requirement that citizens be under attack in their own homes before exercising self-defense – and in some circumstances imposing a duty to retreat from your home before exercising self-defense.

Abusive prosecutors and anti-gun organizations are already working hard trying to get the Governor to veto these bills.  Prosecutors and anti-gun State Attorneys are lobbying the Governor's staff with hysterical predictions and disinformation about the burden of proof and self-defense issues. They conspired to deprive you of your basic fundamental right of innocence until proven guilty, in self-defense cases, and are aggressively fighting to stop the restoration of those rights.

You must help us fight this attack on your self-defense rights. PLEASE contact the Governor immediately.

FIRST, CALL THE GOVERNOR AT  850-717-9418!
URGE HIM TO SIGN SB-128 Burden of Proof and SB-1052 Justifiable Use of Force.

THEN,SEND the Governor an EMAIL to be sure he knows why this is important. In the subject line put: PLEASE sign Self-defense bills SB-128 and SB-1052

Use the following email address to contact the Governor:

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BACKGROUND:
     
Go to this link and watch the powerful  1 minute 38 second testimonyof the elected Public Defender from the 8th Judicial Circuit, Stacy Scott representing the Florida Public Defenders Association. 

https://youtu.be/Xrl7kUxnceo

In case you haven't seen it, go here to watch the video of Senate President Joe Negron explaining why this bill is so important.

https://m.youtube.com/watch?v=opv_hIqcngs&feature=youtu.be

In 2005, people who exercised self-defense were being prosecuted like criminals, and courts – with no legislative authority – were imposing a "duty to retreat" in self-defense cases. 

Courts were instructing juries to find victims guilty if the victim had not tried to run away before fighting back against a criminal attack.

So the Legislature took action to restore the constitutional right of self-defense and created a specific, statutory right of immunity for people who defend themselves from attack.

That law prohibits arresting, detaining in custody, charging and prosecuting unless and until an investigation reveals there is probable cause to believe the act was not lawful self-defense.

But some prosecutors and judges didn't like it so they found a way to usurp the law and bypass the intent of the Legislature. 

With no legislative authority, they created a special "Stand Your Ground" hearing and reversed the burden of proof from the state to the victim.   Through case law, they changed a legislative law they didn't like.

They effectively created the presumption of guilt for the exercise of self-defense.

After conspiring to create an extra hearing in self-defense cases, prosecutors are now  arguing that it would be ‘too much work for them' if  the State has the burden of proof in this additional hearing and they actually  have to prove their cases.

And in July, 2015, the majority of the Florida Supreme Court found that victims SHOULD have the burden of proof and prove they are "entitled to immunity provided by the Legislature."  It is an outrageous opinion.

Supreme Court Justice Charles Canady and Justice Ricky Poltson strongly objected and in dissenting opinion, Canady wrote that the majority opinion, "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

Further, he wrote that the majority "cannot justify curtailing the immunity ..." And that this problem is a matter for the Legislature to resolve. 
     
In other words it's up to the Legislature to put it back.  This bill fixes it.  It places the burden of proof back on the state where it belongs.  And it restores the right of the presumption of innocence and the right of self-defense.

 

NRA-ILA: Institute for Legislative Action

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Naples Gun School CCW CWP Concealed Weapon Class FFL gun sales

Naples Gun School | 3427 Enterprise Ave, Suite E, Naples, FL 34104 | (239) 285-4011

 

Reviews

 

Naples Gun School - 5 stars  I've been a repeat customer for FFL transfers with Naples Gun School for quite some time. Dave's customer service and knowledge are second to none. After speaking with Dave for a few moments, you start to feel as if you have known him for quite a while. I look forward to continuing my business when the new location opens. - Robert Boyette

I really enjoyed the class yesterday, and it was very nice to meet David and Ginny. David is very knowledgeable, helpful, and best of all: has a sense of humor. I was more nervous than I thought I would be because this was the first time in my life that I've ever shot a semi-automatic weapon. David lives and breathes this stuff and his presence and ease with weapons was very calming for me when I was at the range. Ginny was also very supportive throughout the whole class. Thank you guys so much! It's a pleasure and I will be back to purchase supplies from you! - Shenandoah Webb

Naples Gun School - 5 starsTook the 3/31/18 class and loved it! Dave was very informative and his laid back teaching style made the 4 hour class fly by. Would recommend this class to anyone interested in a CWP. Thanks Dave and Ginny! - Kelly Gardner

Naples Gun School - 5 stars I’d like to thank The Naples Gun School for the time and effort they took in order to help me become a more responsible hand gun owner. By taking your CCWP class on 3.31.2018, I’m honestly a better person today than I was yesterday. Your course is not only interesting, but informative as well. The time we had together flew by. Throughout the whole process, they were calm and patient with every student. Especially after everyone seemed to drop their cartridges on the floor during the revolver training portion of the program. I highly recommend Naples Gun School to anyone that’s interested in becoming a CCWP holder. And I definitely will use their services by purchasing all my gun needs through their establishment. David & Ginny, thank you so much. I had a wonderful time!Chris Shaffer

 

Naples Gun School - 5 stars This class kept me very interested, informed and didn’t even realize 4 hours went by! Would recommend everyone to take this class! - Douglas Shaffer

 

Naples Gun School - 5 stars - Lurybella Lora Trejo

 

Naples Gun School - 5 stars Used Naples Gun School for a FFL transfer and after talking with David decided to take his CCW class and am glad I did. David is very knowledgeable and his class is small so you receive one on one training in the classroom and the range. I Highly recommend Naples Gun School. You won’t find a better class in Naples. Thank you David for a great experience. - Michael Ferrarelli

 

Naples Gun School - 5 stars Thorough, energetic, knowledgeable, PATIENT, and even entertaining at times! As an Educator, I know it can be daunting sometimes to teach the same material over and over, but David certainly didn't show it. You can tell how passionate he is about what he does.
I researched multiple options around town in choosing the provider for my CCW class. David & Ginny as a husband & wife team, provided the BEST CUSTOMER SERVICE in answering all of my questions thoroughly and promptly before even signing up. And somehow, Naples Gun School was also able to provide the LOWEST COST in town!
As a female and brand new to guns, David & Ginny made me feel safe, secure, and comfortable. THANK YOU! A+++ -
Jessica Payne

 

I took the class on 3/10/18 and I was blown away. David and his wife are excellent people and David is an excellent instructor. The class is excellent and exceeded my expectations with information on the laws of Florida, and as well to carry properly, load the weapons as well as placement of holding weapons. If your looking to buy a weapon he is the man to go to. I personally bought my firearm from and he equipped me with great knowledge during my time there. I give this class 100 out of 100 and highly recommended. David is a great guy and instructor with many years of experience!! - Cory Duffy

 

Naples Gun School - 5 stars - Larry Papola

 

Naples Gun School - 5 stars Awesome class. Great preparation for firearm handling and concealed carry details. - Jeffrey Alty

 

Naples Gun School - 5 stars Very informative. Was made to feel very comfortable. Had some prior gun knowledge, left with a lot more. I highly recommend anyone thinking about getting their permit go there. - Sara Bunker

 

Naples Gun School - 5 stars I attended the conceal carry and gun safety training class on Feb 17th, 2018. David was very knowlegable and provided a lot of information that I think should be part of any gun safety or conceal carry training. He was very professional and took the time after the class and before we met at the gun range to answer several questions I had as well as show me a few different gun options they sell. I highly recommend David and Naples gun shop & school for anyone wanting to seriously learn what they need to before purchasing or using a firearm. Thank you, David! - Amanda Daves

 

Thanks again! Not only was is very informative, but fun as well. So glad we came to y'all for the class. - Sara Bunker

 

I had a great experience and your class was very informative. Thank you - Robby Bunker

 

Naples Gun School - 5 stars Great experience, willing to give one on one instruction and very patient for beginners! - Tiffany Baker

 

Had a great experience at the CCW class. Dave explained the information throughly and made it very easy to understand. I would definitely recommend the class to anyone interested.. -Scott Sioma

 

Naples Gun School - 5 starsGreat class!!! David really takes his time to show you how to feel Comfortable with the fire arm. - Alonzo Gonzalez

 

Enjoyed the class very much! It was well taught and all the information was presented professionally and was easy to understand. I was nervous at first but our instructor put our minds at ease. Would definitely recommend! - Tony Aceto

 

Naples Gun School - 5 starsEnjoyed the class, everything well explained. The David(instructor )explain in a way everybody understand and in a dynamic way. I will recommend it without a doubt. Thanks guys! - Joel Davila

 

I had an amazing experience in the CCW class that David teaches! This class was so informative and interesting. The way David presented everything made it extremely fun and easy to retain. The size of the class was 12 people, so we all got one on one training and I feel it was the perfect size of class. I learned so many important things that I never would have even thought about without this class. Ginny was also so wonderful, and so supportive when I was nervous. I had so many questions that were answered, and the amount of knowledge Ginny and Davis shared with the class was astounding. I feel very confident now about gun safety and self defense and I would highly recommend this class!! David and Ginny know their stuff!! -Senae Hughes

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