BREAKING NEWS Out Of FLORIDA

Like this article?

Dean James III% AMERICA’S FREEDOM FIGHTERS –

A judge in Florida ruled Monday that Florida’s changes to its existing “Stand Your Ground” law violate the Florida Constitution, setting up a showdown that could make its way to the state’s top court. 

Miami-Dade Circuit Judge Milton Hirsch ruled that the amendment to the law allowed lawmakers to overstep their authority, adding that it should have been crafted by the Florida Supreme Court in the first place, The Miami Herald reported.

take our poll - story continues below

Should Brett Kavanaugh withdraw over sexual misconduct allegations?

  • Should Brett Kavanaugh withdraw over sexual misconduct allegations?

  • This field is for validation purposes and should be left unchanged.
Completing this poll grants you access to AFF updates free of charge. You may opt out at anytime. You also agree to this site's Privacy Policy and Terms of Use.

“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote.

ADVERTISEMENT - STORY CONTINUES BELOW

The change to the law, called the “Self-Defense Immunity,” was signed by Florida Gov. Rick Scott (R) in early June, after the bill passed the Senate in May. The new change requires state prosecutors prove the guilt of someone claiming to have shot someone in self defense.

 

Previously, the Florida Supreme Court ruled that under the 2005 self-defense law, those who used a firearm in self defense must prove their innocence and required them to prove in pretrial hearings that they were defending themselves in order to avoid prosecution on charges for a violent act.

The law was first passed in 2005 and it gave people the right to “shoot first” if they believed their lives were in danger at that moment, Fox News reports.

“A person is justified in the use of deadly force and does not have a duty to retreat if: He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself,” the Florida law states.

ADVERTISEMENT - STORY CONTINUES BELOW

It also gave judges the right to dismiss charges against the defendant if they believed reasonable self-defense was used in the case.

The so-called “self-defense immunity” was to flip the script, keeping gun owners who discharged their weapons in self-defense from bearing the burden of proof, with the presumption of innocence already on their side, The Blaze reports.

Opponents of the law considered the bill too burdensome for prosecutors and are calling this ruling a victory, according to the Herald. However, according to Hirsch, the problem with the changes to the law were “procedural,” meaning only the Supreme Court should make them.

According to the Herald, the ruling is not binding, as other judges may choose to uphold the law. However, it does open the door for an appeals process and a possible reviewing of the law by the Florida Supreme Court.

ADVERTISEMENT - STORY CONTINUES BELOW

So there you have it. Liberals doing what they do best- screw everything up.

FOLLOW us on Facebook at Nation In Distress!

Like this article?

Facebook Comments