No Duty to Retreat: Jeb Bush Legalizes Retaliation- FLA Citizens may Use Guns in Self Defense at Home or in the Public
Saturday, April 9, 2005 at 09:25PM
TheSpook
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]
- Sheriff wants `force' bill killed [more]
Article originally appeared on (http://brownwatch.com/).
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