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 New Florida gun laws
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djwarner
Junior Member

USA
227 Posts

Posted - April 08 2017 :  11:39:35 AM  Show Profile  Reply with Quote
The Florida legislature has passed three bills and sent them to the Governor to sign.

HB 849– This bill removes the prohibitions for CWL carry at private schools and church schools. It further removes the penalty for legal CWL carry on public school grounds when school is neither in session nor are there any school sanctioned events taking place.

HB 779– This bill eliminates any criminal penalty for open carry, and makes any violation a non-criminal civil infraction payable by a $25.00 fine. It further removes any criminal penalty or the arrest of a CWL holder who temporarily openly carries or displays a firearm.

Without comment on the wisdom of open carry, the bill does eliminate the criminal provision for inadvertent flashing, printing or display of a concealed carry weapon.

HB 245– This bill provides that the State has the burden of proof by “beyond every reasonable doubt” evidence in any pretrial self defense immunity hearing.

This last bill seeks to correct a mis-application by the courts of the prior "stand your ground" law. That law intended there to be a pretrial hearing of claims of self defense where the state had the burden of proof that self defense claim was invalid. The courts had turned the law on its head by demanding the defendant prove his innocence before granting immunity under this provision.

As a law maker proclaimed the new law was meant to re-establish the presumption of innocence until proven guilty.

NON NOBIS TANTUM NATI

LittleBill
Advanced Member

3970 Posts

Posted - April 08 2017 :  11:47:32 AM  Show Profile  Reply with Quote
Sounds like common sense moves in the right direction! Let's hope other State Legislatures see fit to follow their example.


"Courage is not simply one of the virtues, but the form of every virtue at its testing point"--- C.S. Lewis

"There are some ideas so foolish that only an intellectual could believe them"--- George Orwell

Slow Is Smooth, Smooth Is Fast

Edited by - LittleBill on April 08 2017 11:48:33 AM
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Chris Christian
Advanced Member

USA
2776 Posts

Posted - April 08 2017 :  1:24:08 PM  Show Profile  Reply with Quote
As a Florida resident with a CCW permit I think these are very welcome changes to the laws! I hope our Governor, Rick Scott ( a pretty conservative guy who has done a good job so far) sees fit to sign these into law.


Chris Christian
There are those who make things happen. There are those who watch things happen. There are those who wonder What The Heck happened! Pick one.
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gauchobill
Advanced Member

1015 Posts

Posted - April 08 2017 :  8:15:29 PM  Show Profile  Reply with Quote
+1 to Chris' comment above.
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gauchobill
Advanced Member

1015 Posts

Posted - July 08 2017 :  07:48:51 AM  Show Profile  Reply with Quote
I see that an ostentatious judge in Miami has declared the new laws to be unconstitutional because only the supreme court (Fla.) can make procedural changes in law. That is traditional black letter all over the USA, but any law granting substantive rights to citizens is not "procedural" law; and substantive law is in the realm of the legislature. And putting the burden of proof on the state instead of the defendant is clearly a substantive right. Look for this attention seeking trial judge to be reversed by the appellate courts.

And, surprisingly, he is said to be an adjunct law professor at the U. of Miami---doesn't say much for their hiring standards.



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djwarner
Junior Member

USA
227 Posts

Posted - July 09 2017 :  08:58:35 AM  Show Profile  Reply with Quote
Jon Gutmacher, author of FLORIDA FIREARMS LAW, commented on the Miami Judge in his blog:

A Miami Judge rules that the new law placing the burden of proof on the State in an immunity hearing is unconstitutional!

GADS! WHAT DOES THIS MEAN????

It means that there is a judge in Miami so anti-gun that he has allowed his personal beliefs to overcome his duty to enforce the law in order to reach the specific result he wants -- no matter how absurd or far fetched that position might be. I call these people "agenda judges". He has no business being a judge.

But, be that as it may -- WHAT EFFECT WILL IT HAVE???

ABSOLUTELY NONE -- except in his courtroom. His ruling has no controlling or precedential value on any other judge or court -- unless it is appealed -- and an appellate court issues a written Opinion on the case. If that happens -- I can tell you -- his idiotic decision will be reversed in an instant.

Why???

Because in all types of immunity hearings -- the party opposing immunity -- has the burden of proof.

NON NOBIS TANTUM NATI
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Ace
Advanced Member

USA
4885 Posts

Posted - July 09 2017 :  09:04:34 AM  Show Profile  Reply with Quote
What is interesting to me is his 'opinion', as I understood it from the radio blurb I heard, that the Judiciary is the branch that should 'change the law'. Since when did judges take over for the House and Senate (or however the Florida legislature is set up)? Ace

Give me $1 every time a Liberal lies, I'll give you $5 every time one tells the truth; I'll end up a wealthy man, you'll end up broke.
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LittleBill
Advanced Member

3970 Posts

Posted - July 09 2017 :  10:08:24 AM  Show Profile  Reply with Quote
Same thing the lower Courts did with Trump's travel ban: "I don't like it so I'm gonna rule against it."

"Courage is not simply one of the virtues, but the form of every virtue at its testing point"--- C.S. Lewis

"There are some ideas so foolish that only an intellectual could believe them"--- George Orwell

Slow Is Smooth, Smooth Is Fast
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