Florida gov signs new self defense legislation
Moderators: Chuck, Mustang380gal, Coordinators, Moderators
-
- Posts: 4791
- Joined: Wed Jun 24, 2015 10:06 pm
- Location: Western Ohio
Florida gov signs new self defense legislation
http://thehill.com/homenews/news/337215 ... l-into-law" onclick="window.open(this.href);return false;
Just as twenty years ago, the Ohio legislature could take some lessons from Florida.
Just as twenty years ago, the Ohio legislature could take some lessons from Florida.
-
- Posts: 2175
- Joined: Sun Mar 15, 2009 9:26 am
- Location: Mount Juliet TN
Re: Florida gov signs new self defense legislation
Aaaaaaaaaaaaaaaaaaaaaaand it's been found unconstitutional:
http://thefederalistpapers.org/us/break ... ampaign=LC
Huh ???!?!?!?!
http://thefederalistpapers.org/us/break ... ampaign=LC
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.
The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.
Huh ???!?!?!?!
ΜΟΛΩΝ ΛΑΒE
-
- Posts: 3025
- Joined: Wed May 21, 2014 4:32 pm
- Location: Warren county
Re: Florida gov signs new self defense legislation
since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen
U.S. Marines 01-07
~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen
U.S. Marines 01-07
~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
- JediSkipdogg
- Posts: 10257
- Joined: Sun Jul 27, 2008 3:03 pm
- Location: Batavia
- Contact:
Re: Florida gov signs new self defense legislation
They kinda do with case law all the time. Case law is really no different than legislatively voted on law. It simply gives a more thorough interpretation of the law, even if many would interpret the law differently.Bama.45 wrote:since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
Carrying Concealed Handguns - Signage Answers
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
- AlanM
- Posts: 9435
- Joined: Mon Jul 04, 2005 1:38 am
- Location: Was Stow, OH now Charlottesville, VA
Re: Florida gov signs new self defense legislation
Anybody know how many states ALREADY have this on the books?
Isn't it in the ORC?
Isn't it in the ORC?
AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
-
- Posts: 4791
- Joined: Wed Jun 24, 2015 10:06 pm
- Location: Western Ohio
Re: Florida gov signs new self defense legislation
I'm not sure which part of the ORC you mean, but this is from the news link:AlanM wrote:Anybody know how many states ALREADY have this on the books?
Isn't it in the ORC?
It will be an interesting case to watch. Other states have the same types of laws in place and they are working just fine. It may be the makeup of the constitution since they are different from state to state.
- JustaShooter
- OFCC Coordinator
- Posts: 5804
- Joined: Thu Feb 07, 2013 3:08 pm
- Location: Akron/Canton Area
Re: Florida gov signs new self defense legislation
Keep in mind, this is only about their most recent change to SYG, not SYG in general in FL law.AlanM wrote:Anybody know how many states ALREADY have this on the books?
[quote="AlanM"Isn't it in the ORC?[/quote]
No, Ohio does not have SYG, nor does it have the provision that this judge ruled unconstitutional.
Christian, Husband, Father
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
NRA Life Member
NRA Certified Range Safety Officer
NRA Certified Pistol & Rifle Instructor
Want to become more active with OFCC and help fight for your rights? Click Here!
-
- OFCC Patron Member
- Posts: 2680
- Joined: Wed Nov 02, 2011 3:30 pm
- Location: Wood county
Re: Florida gov signs new self defense legislation
My non lawyer mind thinks maybe it is the pre-trial hearing part that is problematic.docachna wrote:Aaaaaaaaaaaaaaaaaaaaaaand it's been found unconstitutional:
http://thefederalistpapers.org/us/break ... ampaign=LC
Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.
The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.
Huh ???!?!?!?!
I believe in American exceptianalism
Fear the government that fears your guns
NRA endowment life member
Fear the government that fears your guns
NRA endowment life member
-
- Posts: 3025
- Joined: Wed May 21, 2014 4:32 pm
- Location: Warren county
Re: Florida gov signs new self defense legislation
JediSkipdogg wrote:They kinda do with case law all the time. Case law is really no different than legislatively voted on law. It simply gives a more thorough interpretation of the law, even if many would interpret the law differently.Bama.45 wrote:since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
Right, but interpretation is different than making the law. I know there are some judges that grasp at straws to back their interpretation. But I have always looked at case law as how a law has been interpreted in the past in similar cases. Not judges writing law from the bench.
"Lord, make my hand fast and accurate.
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen
U.S. Marines 01-07
~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
Let my aim be true and my hand faster
than those who would seek to destroy me.
Grant me victory over my foes and those who wish to do harm to me and mine.
Let not my last thought be 'If I only had my gun."
And Lord, if today is truly the day you call me home
Let me die in a pile of empty brass."
Amen
U.S. Marines 01-07
~The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.~ Thomas Jefferson
- schmieg
- OFCC Coordinator
- Posts: 5756
- Joined: Mon Jul 04, 2005 11:11 pm
- Location: Madeira, Ohio
Re: Florida gov signs new self defense legislation
Without having read the case, I would assume that the judge is objecting to the placing the burden of proof on the prosecutor as opposed to the Defendant. Unless Florida's constitution has some really strange wording, methinks he is grasping at straws. If his decision is upheld, it might be curable by changing the wording of the statute to eliminate reference to burden of proof and referring to a presumption of self defense, again, assuming that is the way the statute was worded.
-- Mike
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
- JediSkipdogg
- Posts: 10257
- Joined: Sun Jul 27, 2008 3:03 pm
- Location: Batavia
- Contact:
Re: Florida gov signs new self defense legislation
How is it not law? Sure, it's more likely to be brought up in court, but police (and therefore the public) are expected to know and follow it as well. There are many laws on the books that the courts have ruled as unconstitutional yet are still on the books. If police enforce them, it's a pretty easy loss for them.Bama.45 wrote:JediSkipdogg wrote:They kinda do with case law all the time. Case law is really no different than legislatively voted on law. It simply gives a more thorough interpretation of the law, even if many would interpret the law differently.Bama.45 wrote:since when does the judicial branch in any government have the authority to write laws?... That's like letting a bank robber design a banks security system.
Right, but interpretation is different than making the law. I know there are some judges that grasp at straws to back their interpretation. But I have always looked at case law as how a law has been interpreted in the past in similar cases. Not judges writing law from the bench.
Carrying Concealed Handguns - Signage Answers
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.
Ohio Concealed Carry Classes in S/W Ohio
http://www.ProShootersTraining.com" onclick="window.open(this.href);return false;
I am not a lawyer. My answers are based on research, knowledge, and are generally backed up with facts, the Ohio Revised Code, or the United States Code.