Tag Archives: law

Florida Shifts Burden on Self Defense.

Friday last Governor Scott signed legislation changing the burden on Florida’s stand your ground law.

http://www.wnd.com/2017/06/florida-law-shifts-burden-of-proof-in-stand-your-ground/?cat_orig=us

Used to be, the Defense would have to show that one was using a firearm in self defense, either at trial, or usually at a pretrial hearing.   That is, you would have to show that “…[you] reasonably believe[d] that such force is necessary to prevent imminent death or great bodily harm to himself or herself, or another or to prevent the imminent commission of a forcible felony.”

With this law, the State now has that burden.  That is, instead of the Defendant being affirmatively required to prove that he, or she, “reasonably believed” the state now has to prove that they did not.

Some 24 states have a stand your ground defense.  I am not aware of any that shift the burden.   In fact, I think Florida is the first, which is significant.

Not something some saw coming with all the “collusion” going on.   Blame the Russians.

More:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0776/Sections/0776.013.html

Advertisements

Family Court Judge Says No Guns – Immediately Appealed.

 

toon130411Troubling.  As a family law practicioner:

http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/17/family-court-to-father-no-guns-in-the-house-until-child-is-18/

I could tell stories.

Interesting that the lower-court judge made the decision she did.  In these parts, they rightfully would not care.  Pretending that there may be a problem with guns in that household, that’s defensible.  Not right.  The appeals court made the right decision.  Though on an abuse of discretion standard, not as a constitutional issue.