Recently, Florida legislators have begun pushing to expand the state’s Stand Your Ground laws. It was this state’s SYG legislation in the case of Treyvon Martin that sparked the interest of the public in 2012. Now, amendments are being proposed that would “protect someone who fires warning shots or waves a weapon when they feel threatened” (Huffingtonpost).
The bill, S.B. 448, is summarized on the Florida Senate website as follows:
Threatened Use of Force; Prohibiting the court from imposing certain mandatory minimum sentences if the court makes specified written findings; applying provisions relating to the use of force in defense of persons to the threatened use of force; applying presumption relating to the use of deadly force to the threatened use of deadly force in the defense of a residence and similar circumstances; applying immunity provisions that relate to the use of force to the threatened use of force; providing that a person is not justified in the threatened use of force to resist an arrest by a law enforcement officer, etc. (Senate)
This would override the 1999 “10-20-life” bill that applies an automatic 10 year minimum sentence “for anyone convicted of flashing or using a gun in the commission of a felony” (Huffingtonpost). That is, it would now allow the threatened use of force or, as one source puts it: “it means that gun owners could walk free for brandishing their gun in a threatening manner or firing a shot indiscriminately to ‘warn’ a potential assailant,” and make them immune to these mandatory-minimum laws (Gawker).
However, the real controversy comes from the involvement of the NRA, both with this newest proposal and the Stand Your Ground laws of Florida in general.
(source)
 |
| NRA 2013 Convention - Houston, TX (source) |
The NRA championed the passage of the Stand Your Ground laws in Florida in 2004, when they were first introduced. This involvement can be traced among a number of sources. Some people cite the presence of Marion Hammer, a “pro-gun lobbying powerhouse” and former NRA president (Motherjones) at the signing of the bill, while others look at the $73,000 of campaign donations given to the forty-three Florida legislators that would later back the bill (Motherjones).
 |
NRA Lobbyist Marion Hammer stands behind former Gov. Jeb Bush as he signes the Stand Your Ground law
(source)
|
Hammer was actually noted specifically by NRA lobbyist Chris Cox upon the passage of the Stand Your Ground laws, stating that: “Thanks in no small part to the tireless efforts of our own former President Marion P. Hammer, law-abiding Floridians may now stand without fear of criminal prosecution or civil lawsuit” (Motherjones).
The NRA continued to lobby for similar legislation in other states in following years. Their presence in discussions and support of such laws has been not been subtle. The NRA even offers an "NRA Self-defense insurance," which covers costs in legal cases involving those who shoot somebody in self-defense (Locktonaffinity).
The recent proposed expansions are based on a bill written by Hammer herself, and sponsored by two NRA members - Senator Greg Evers and Representative Neil Combee (R) (Gawker).
 |
| (source) |
The controversy around the content of the bill is similar to the controversy around the original SYG rights: that is, the ability to exploit such laws in unjust ways or in acts of vigilantism. That is, would the expansion of laws that are already considered racially disparate simply serve to increase such disparities? Some argue that this new amendment would help prevent cases such as Marissa Alexander, who was sentenced to 20 years for firing a warning shot when she was threatened by her ex-husband (CNN). Others argue that her very conviction is an act of systematic racism in which SYG laws participate.
 |
| (source) |
There is also controversy surrounding the extent of the involvement of the NRA in state legislation.
 |
| (source) |
In Florida alone, there have been 26 people below the age of 18 and 134 total individuals who died in Stand Your Ground cases (thinkprogress). To view the cases individually, involving race, gender, and age, click the link below.
 |
| Fatal Cases of Stand Your Ground Sources: http://www.locktonaffinity.com/nrains/defense.htm http://www.cnn.com/2012/05/11/justice/florida-stand-ground-sentencing/ http://thinkprogress.org/justice/2014/02/11/3273881/shooter-stands-trial-jacksonville-teens-shooting-death-nra-lobbying-expand-florida-stand-ground/ http://www.motherjones.com/politics/2012/03/NRA-stand-your-ground-trayvon-martin http://www.huffingtonpost.com/2014/01/17/nra-guns-florida-_n_4619171.html http://flsenate.gov/Session/Bill/2014/0448/?Tab=BillText http://gawker.com/the-nra-literally-wrote-floridas-new-bill-to-legalize-1503180083 http://thinkprogress.org/justice/2014/02/11/3273881/shooter-stands-trial-jacksonville-teens-shooting-death-nra-lobbying-expand-florida-stand-ground/ |
I can't believe there is an NRA self-defense insurance. That blows my mind. I personally don't understand the need for this addition to the Stand Your Ground law. I wouldn't feel safe if I saw numerous people with guns advertised on their hips. I would be afraid to go outside. Also, with all the problems that Stand Your Ground laws have caused, why would anyone want to increase it's power? I don't understand gun laws. I understand wanting to go hunting and going to a firing range for fun, but I feel that it should stop there.
ReplyDelete