I just read the following in my local newspaper:
Bills would shield gun owners in self defense cases
By MICHAEL PELTIER, [email protected]
February 24, 2005
TALLAHASSEE Florida homeowners would be given explicit authority to shoot first and ask questions later, under measures working their way through the state Legislature that would also allow gun owners to use deadly force outside the home if they felt threatened by violence.
Citing the need to allow Florida residents to "stand their ground," members of two key committees on Wednesday approved measures backed by the National Rifle Association and others that would codify and expand court rulings that now allow homeowners to defend themselves without first trying to get away.
"You ought to be able to protect yourself and protect your family," said David Murrell, a lobbyist for the Florida Police Benevolent Association. "We agree with that."
Critics say they have little problem with homeowners having a right to defend themselves but worry the measure would give gun owners a license to kill that could mean the deaths of innocent people, including law enforcement officers, emergency responders, repo men and unexpected guests.
"The problem with this bill is that it will embolden gun owners to act," said Arthur Hayhoe, representing the Coalition to End Gun Violence.
Despite those concerns, members of the House and Senate judiciary committees, in separate votes, unanimously approved the measures that have been cosigned by a majority of members in each chamber including Sens. Burt Saunders, R-Naples, and David Aronberg, D-Green Acres. House sponsors include Reps. Mike Davis, R-Naples, Rep. Trudi Williams, R-Fort Myers; Rep. David Rivera, R-Miami; Rep. Jeff Kottkamp, R-Cape Coral; and Rep. Denise Grimsley, R-Lake Placid.
"It's a glitch in the law when you have to prosecute law-abiding citizens who are merely protecting their own homes and their own lives," Aronberg said.
Like many states, Florida courts have ruled that homeowners have a right to defend themselves in their homes. Florida courts have expanded the so-called "Castle Doctrine" to include employees in their workplace and drivers who are attacked in their automobiles.
In other cases occurring outside the home, however, courts have ruled that most victims must at least attempt to escape before using deadly force, a provision gun advocates say puts victims at greater risk.
Both proposals explicitly protect home and car owners from prosecution if they shoot, even killing an intruder who breaks into their house or vehicle.
The proposals, however, go further by removing a state law requiring victims to at least attempt to escape when confronted by violent criminals outside their homes. The bills allow victims who face the reasonable possibility of a slate of crimes from rape to murder to use deadly force immediately.
"(Under current law) you always have a duty to retreat unless you are in your home," said Sen. Alex Villalobos, R-Miami. "What this does is say that if it is more dangerous for you to flee you can stand your ground and defend yourself."
While committee members expressed little about the ability of homeowners and drivers to use deadly force, Sen. Steve Geller, D-Hallandale, expressed concern that street arguments could turn deadly.
"That's the only part of the bill I have concerns about," he said.
NRA lobbyist Marion Hammer said the legal cloud over homeowners is real. She cited the case of a Perry, Fla., man who on Tuesday was charged with manslaughter after killing an acquaintance who broke into his home after he refused to meet him outside to fight.
"Law-abiding citizens should not be forced to retreat, to run from a place they have a right to be in the face of an unlawful attack," Hammer told Senate panelists.
"You should not have to worry about being arrested or prosecuted if you use force to defend yourself or your family," she said in conclusion.
Bills would shield gun owners in self defense cases
By MICHAEL PELTIER, [email protected]
February 24, 2005
TALLAHASSEE Florida homeowners would be given explicit authority to shoot first and ask questions later, under measures working their way through the state Legislature that would also allow gun owners to use deadly force outside the home if they felt threatened by violence.
Citing the need to allow Florida residents to "stand their ground," members of two key committees on Wednesday approved measures backed by the National Rifle Association and others that would codify and expand court rulings that now allow homeowners to defend themselves without first trying to get away.
"You ought to be able to protect yourself and protect your family," said David Murrell, a lobbyist for the Florida Police Benevolent Association. "We agree with that."
Critics say they have little problem with homeowners having a right to defend themselves but worry the measure would give gun owners a license to kill that could mean the deaths of innocent people, including law enforcement officers, emergency responders, repo men and unexpected guests.
"The problem with this bill is that it will embolden gun owners to act," said Arthur Hayhoe, representing the Coalition to End Gun Violence.
Despite those concerns, members of the House and Senate judiciary committees, in separate votes, unanimously approved the measures that have been cosigned by a majority of members in each chamber including Sens. Burt Saunders, R-Naples, and David Aronberg, D-Green Acres. House sponsors include Reps. Mike Davis, R-Naples, Rep. Trudi Williams, R-Fort Myers; Rep. David Rivera, R-Miami; Rep. Jeff Kottkamp, R-Cape Coral; and Rep. Denise Grimsley, R-Lake Placid.
"It's a glitch in the law when you have to prosecute law-abiding citizens who are merely protecting their own homes and their own lives," Aronberg said.
Like many states, Florida courts have ruled that homeowners have a right to defend themselves in their homes. Florida courts have expanded the so-called "Castle Doctrine" to include employees in their workplace and drivers who are attacked in their automobiles.
In other cases occurring outside the home, however, courts have ruled that most victims must at least attempt to escape before using deadly force, a provision gun advocates say puts victims at greater risk.
Both proposals explicitly protect home and car owners from prosecution if they shoot, even killing an intruder who breaks into their house or vehicle.
The proposals, however, go further by removing a state law requiring victims to at least attempt to escape when confronted by violent criminals outside their homes. The bills allow victims who face the reasonable possibility of a slate of crimes from rape to murder to use deadly force immediately.
"(Under current law) you always have a duty to retreat unless you are in your home," said Sen. Alex Villalobos, R-Miami. "What this does is say that if it is more dangerous for you to flee you can stand your ground and defend yourself."
While committee members expressed little about the ability of homeowners and drivers to use deadly force, Sen. Steve Geller, D-Hallandale, expressed concern that street arguments could turn deadly.
"That's the only part of the bill I have concerns about," he said.
NRA lobbyist Marion Hammer said the legal cloud over homeowners is real. She cited the case of a Perry, Fla., man who on Tuesday was charged with manslaughter after killing an acquaintance who broke into his home after he refused to meet him outside to fight.
"Law-abiding citizens should not be forced to retreat, to run from a place they have a right to be in the face of an unlawful attack," Hammer told Senate panelists.
"You should not have to worry about being arrested or prosecuted if you use force to defend yourself or your family," she said in conclusion.