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NRA-ILA: Institute for Legislative Action

Florida: NEED HELP:  ANOTHER Committee to Hear Senate Burden of Proof Bill

 

DATE:

November 17, 2015

TO:

USF & NRA Members and Friends

FROM:

Marion P. Hammer

 

USF Executive Director

 

NRA Past President

 

Multiple gun bills are being heard in several committees this week.  We need your help on a number of them.  The House version of the Burden of Proof bill (HB-169 by Baxley) is being heard tomorrow (see previous Alert) and the Senate version is being heard on Wednesday (please read this Alert.) -- It's the same message for both committees.

SB-344 Burden of Proof  by Sen. Rob Bradley is scheduled to be heard in the Senate Appropriations Subcommittee on Criminal Justice on Wednesday, November 18, 2015 at 10:00AM

SB-344 Burden of Proof
restores the Stand Your Ground law to the original intent of the Legislature by putting the burden of proof BACK ON THE STATE where it belongs. 

If you own a gun and you ever have to use it to protect yourself or your family and -- you think, because of the Castle Doctrine/Stand Your Ground law, that the law is on your side, think againThe Legislature gave you protection in 2005, but prosecutors and the courts have taken it away.

In 2005, the Legislature passed a self-defense law that gives immunity from arrest, detaining in custody, charging and prosecuting -- until and unless an investigation by the state reveals there is probable cause to believe the act was not lawful self-defense. 

Prosecutors and the courts didn't like it so they created a special "Stand Your Ground" hearing that forces victims who fight back against criminals to prove they are innocent rather than making the state prove guilt.  This bill stops that and restores the protection the Legislature provided.

It is CRITICAL that you respond by emailing members of the House Criminal Justice Committee.  There are members of this committee who favor prosecutors and the courts INSTEAD OF YOU.

Make no mistake -- a committee member who votes against this bill will be voting against you and your constitutional right of self-defense.


Please EMAIL Committee members IMMEDIATELY and ask them to SUPPORT SB-344 Burden of Proof by Sen. Rob Bradley

IN THE SUBJECT LINE PUT:  SUPPORT SB-344  Restore Self-defense Rights

(To send your message to all just Block and Copy All email addresses into the "Send To" box),
,
,
,
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Committee members need to hear from YOU  NOW.  Please email Committee Members IMMEDIATELY. 

BACKGROUND:

Your right to a presumption of innocence has been hijacked. 

Without any legal or constitution authority, Florida Courts & Prosecutors have over ridden the Legislature.

They have willfully usurped the authority of the Legislative Branch because they did not agree with the Legislature.  They created a special "SYG" hearing and reversed the burden of proof from the state to the citizen in self-defense cases.  They are forcing victims to prove they are entitled to the Legislature's protection

This bill reverses their self-serving action and restores the Legislature's actions and intent. 

There is clear judicial support for this bill.  Supreme Court Justices Canady and Poltson, in a recent dissenting opinion, made it clear that the majority opinion "substantially curtails the benefit of the immunity from trial conferred by the Legislature under the Stand Your Ground law."

Additionally, Justice Canady wrote that the majority, "cannot justify curtailing the immunity from trial under the Stand Your Ground law for those individuals whose use of force or threat of force is legally justified under the governing statutory standard."

And finally, he wrote that these issues, "are a matter for the Legislature to consider and resolve."

This bill restores the Legislature's intent and once again – as it did in 2005 –  reigns in the courts and prosecutors who have overstepped their constitutional authority and the Legislature's law.

In 2005, citizens who exercised a constitution right – the right of self-defense – were being prosecuted like criminals.  And courts – through jury instructions which were unsupported by law – were imposing  a "duty to retreat" in self-defense cases. 

Courts were actually instructing juries to find victims guilty of a crime if the victim had not tried to run away before fighting back against a criminal attack.   That is an indisputable fact.

To restore the constitutional right of self-defense and to stop this judicial system abuse,  the Legislature created a specific, statutory right of immunity for people who defend themselves from attack. 

This bill restores the presumption of innocence and puts the burden of proof back on the state where it belongs.

 

NRA-ILA: Institute for Legislative Action

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© 2015 National Rifle Association of America, Institute For Legislative Action. To contact NRA-ILA call 800-392-8683. Address: 11250 Waples Mill Road Fairfax, Virginia 22030.

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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) 285-4011

 

Reviews

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

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

 

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