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Naples Gun School - CWP Classes, FFL Transfers & Gun Sales

 

Gov. Rick Scott has SIGNED SB-128 & SB-1052

DATE:

June 10, 2017

TO:

USF & NRA Members and Friends

FROM:

Marion P. Hammer

 

USF Executive Director

 

NRA Past President


Early yesterday evening, Friday, June 9th, Governor Rick Scott SIGNED INTO LAW the two critically important self-defense bills we have been urging him to sign.

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. SB-128 took effect IMMEDIATELY.

When prosecutors and judges use procedures to circumvent the rights of law-abiding people and the will of the Legislature, it cannot be tolerated. 

Procedures do not have the weight of law and now the Legislature and the Governor have erased these abusive procedures in self-defense cases and have legislatively made sure these self-defense rights are reinstated.  Pending cases should have the retroactive benefit of the Legislature and the Governor erasing these malicious procedures.

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.
 

BACKGROUND on Burden of Proof:


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 Shop & School | 347 Airport Road N, Naples, FL 34104 | (239) 300-0891

 

Reviews

David and Ginny Rich are wonderful people all around and their class is awesome. My husband and I have each completed the class at separate times and both agree that the information and direction provided was incredibly informative. David has a wealth of knowledge backed by years of experience. We would both highly recommend Naples Gun School to anyone who is looking to obtain their concealed weapons license or anyone interested in purchasing guns and gun-related accessories. Amanda Duncan

I am an defensive and driving safety instructor , I attended a concealed weapons course march 16th 2019 given b y Dave, DAVE covered every thing and questions any one had at the class, Above all he was very patient with the students, I would recommend this class to every one. James Dougherty 

  Naples Gun School - 5 stars Great class, covered all the fundamentals a new shooter should know. Dave is a great instructor and if you're looking to get your concealed carry permit down here in Naples the Naples Gun Shop & School is the place to go! Gabe Kerchner

Naples Gun School - 5 stars A. K. Fox

Naples Gun School - 5 stars Mathew Hayes

Dave is extremely thorough & helpful with gun laws & Safety. A must for anyone before putting a weapon in your hands. I have not handled a weapon in a few years and Dave made me feel very comfortable with his extensive knowledge,support & patience. I would definitely recommend this class. Thanks Dave & Ginny For A Great Day! Carmine D’Ambra

Naples Gun School - 5 stars I am an attorney from New York and currently residing in Florida. I have no experience with guns and never thought of owning one. Nevertheless, I wanted to understand gun culture and gun issues in Florida especially now that I am a permanent Florida resident. David Rich's class was extremely informative and David clearly demonstrated not only his knowledge of guns and gun safety but more importantly for me, he provided the legal framework and ramifications and responsibilities of gun use and ownership. Overall, the class was thoroughly worthwhile and enjoyable. Dean Fong

  Nahun YCaridad Flores recommends Naples Gun Shop & School. I attended class last Saturday. It was a wonderful experience. I definitely recommend.

Naples Gun School - 5 stars Great class. Made the class interesting. Instructor was extremely helpful and made my wife and I very comfortable. Antonio Santos

Naples Gun School - 5 stars Love this place. Dave treated me like a V.I.P. He's a cool guy. He takes time teaching you throughout the course. This is the place to buy firearms, supplies and for class. A++++ Anthony Rojas

Naples Gun School - 5 stars Great class!! There was a lot more hands on instruction than the class that I had in Tennessee. David was knowledgeable and entertaining. Good insights on Florida law. My wife will be taking the class shortly. Thanks David. Kevin 9/15/2018

  I thoroughly enjoyed the concealed weapons class on 8/11/18. The class went beyond my expectations. Dave you are an awesome instructor and made the class fun. I would highly recommend Naples Gun Shopping and School! Thanks for sharing your knowledge! - Teresa Cannon

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. - Carlos Casiano

Naples Gun School - 5 stars  Martha Hohenthaner

Naples Gun School - 5 stars  This was a very good class. I did not have to take it, as I am a Veteran, however it is a good idea. I learned a lot about Florida Law I did not know. It will in the long run help keep you out of trouble. David was very patient with my wife when we live fired, because she has arthritis and had a hard time pulling the trigger in double action mode. Good Job David thanks so much..Joseph Hohenthaner

Naples Gun School - 5 stars  The class was engaging and as fast paced as it can be. The instructor was knowledgeable and worked well with a class spanning all the levels of experience and age you can imagine. I also felt it was fairly priced, especially as you just had to bring yourself and an ID - all other supplies were, er, supplied.Cliff Elam 

Naples Gun School - 5 stars  Naples Gun Shop & School gets an A+ in my book! David and Ginny were great. I took the CWP class today 7/21/18. Both are extremely knowledgeable and easy to talk to. David is one of the best instructors that I have had the pleasure of meeting. I highly recommend Naples Gun Shop & School. Best prices, Great training, and easy to deal with. I will definitely be returning to do further business. Thank you David & Ginny....see you soon!Nicholas Lupo

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

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