No Duty to Retreat: Jeb Bush Legalizes Retaliation- FLA Citizens may Use Guns in Self Defense at Home or in the Public

Under the watchful eye of the National Rifle Association, the Legislature on Tuesday sent the governor a bill that allows people to shoot an attacker in their homes or in public places. The legislation has overwhelming support from Republicans and Democrats, and Gov. Jeb Bush soon will sign it into law. "It's a good, common-sense, anti-crime issue," Bush said. The House approved the bill 94-20, as a dozen Democrats joined the Republican majority. Supporters called it a matter of self-defense, while opponents predicted a new wave of gun violence on Florida streets. What began as a way to empower people attacked in their homes was expanded to include attacks in any place a person "has a right to be." The bill (SB 436) originally was intended to put into law the "castle doctrine," a common law principle that allows a person to use deadly force if attacked in the home. At the NRA's urging, the bill removed a provision that says a person has a "duty to retreat" when attacked outside the home. Under current law, a person acting in self-defense outside the home, workplace or car must use every reasonable means necessary to avoid danger before using deadly force. That, said NRA lobbyist Marion Hammer, is "absurd." The new law would legalize retaliation. The bill says: "A person does not have a duty to retreat if the person is in a place where he or she has a right to be." A person who uses force in such cases and is not violating another law could not be charged with a crime or sued. The bill also says a person has "the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so, to prevent death or great bodily harm to himself or herself or another." [more]

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