Florida Extends 'Stand Your Ground' to Include Warning Shots

[rangerrebew]

Florida Extends 'Stand Your Ground' to Include Warning Shots



Jun 21, 2014, 5:09 PM

By GILLIAN MOHNEY



Marissa Alexander enters the courtroom for a hearing on Tuesday, June 10, 2014 in Jacksonville, Fla.

The Florida Times-Union, Bob Mack/AP Photo

An update of Florida's controversial "Stand Your Ground" law allows Floridians who threaten to use a gun or who fire a warning shot to protect themselves the chance to avoid criminal prosecution.

The change, signed into law Friday by Gov. Rick Scott, was partly inspired by the case of Marissa Alexander, 33, who was sentenced to 20 years in prison after firing a shot during a dispute with her allegedly abusive husband.

Alexander's lawyers attempted to claim self-defense and that it was a warning shot, but the jury found Alexander guilty and she was sentenced to 20 years in prison under Florida's current sentencing rules.

An appellate court later overturned the conviction and ordered a retrial for Alexander.

Alexander's defense team said they are "grateful" for the change in the law.

"We learned today that Governor Rick Scott has signed the corrective Stand Your Ground Bill, which was advanced by the legislature as a result of concern about Marissa's case among others," read the statement. "We are of course grateful for the governor's actions."

Read More About the Controversial 'Stand Your Ground' Law 

More Dramatic Testimony in Florida 'Stand Your Ground' Law

Court Overturns Sentence for Woman Who Fired Warning Shot

ABC News' chief legal correspondent Dan Abrams said the changed law will likely mean that "Stand Your Ground" will be applied to more cases in the future.

"The goal was to expand those special stand-your-ground provisions to firing a warning shot, to expand use of it as a tool for people accused of a crime to claim a form of self-defense," Abrams said.

However the new law also had a small language change that could affect how it is applied to certain cases, he said.

While the law previously stated that the a person invoking "Stand Your Ground" had to "reasonably believe it is necessary" to use force to prevent bodily harm, it now reads that to use force or threaten to use force a person must also believe they are in imminent danger.

"A handful are concerned that it's going to be ... a little harder for someone in their own home to invoke the law because the language has been changed," Abrams said.

However, Abrams said that it was only a small minority of people who were concerned about the language change.

"It seems that is not a something that the National Rifle Association is particularly concerned about nor many of the people involved in creating this law," Abrams said.

http://abcnews.go.com/US/florida-extends-stand-ground-include-warning-shots/story?id=24244906

[Chieftain]

I remember a time back in the eighties when armed carjacking was the thing to do in Florida, and when it escalated to shooting housewives to steal their car, it helped pass one of the first concealed carry laws.  It did not take long for word to get out that the pretty white girl in the BMW you are eyeing to steal, was just as likely to blow your head off before you could get her door open all the way...

These laws are passed for a reason, and the residents of the State of Florida are very comfortable with them.  The criminal element, not so much, but who gives a big rat's ass...??

[rangerrebew]

I remember a time back in the eighties when armed carjacking was the thing to do in Florida, and when it escalated to shooting housewives to steal their car, it helped pass one of the first concealed carry laws.  It did not take long for word to get out that the pretty white girl in the BMW you are eyeing to steal, was just as likely to blow your head off before you could get her door open all the way...

These laws are passed for a reason, and the residents of the State of Florida are very comfortable with them.  The criminal element, not so much, but who gives a big rat's ass...??

We know what you mean, you big racist!

[sinkspur]

My wife and I were followed a few months ago by a couple of "gentlemen."    I turned around and saw them, they knew I saw them.

I reached inside my jacket and turned toward them and they hoofed it the other way down the sidewalk.

That evening, I didn't have my .45 with me, but they thought I did.

This is a wonderful law and I hope Texas adopts it forthwith.  Just showing a weapon can prevent a lethal force situation.

[240B]

I am glad you did what you did, and that you are safe. But the general rule is you never pretend to have a weapon if you do not actually have one.
 
These guys ran, but there are some gangbangers (or in some cases even a regular person) would shot you on sight for doing that depending on their level of experience and fear, even just for reaching. Just saying.
 
You take some urban Rambo badass who is looking for any reason to shoot his brand new shiney gun, and that would do it.
 
Good luck.

[Oceander]

I am glad you did what you did, and that you are safe. But the general rule is you never pretend to have a weapon if you do not actually have one.
 
These guys ran, but there are some gangbangers (or in some cases even a regular person) would shot you on sight for doing that depending on their level of experience and fear, even just for reaching. Just saying.
 
You take some urban Rambo badass who is looking for any reason to shoot his brand new shiney gun, and that would do it.
 
Good luck.

That's a very good point.  Sort of the converse of the rule that you never point your weapon at someone unless you're sure you could live with him/her being dead and you the killer.