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Forum Post: A gift for 23 states - from legislators owned by the NRA & ALEC ------> DUCK !

Posted 2 years ago on March 25, 2012, 7:15 p.m. EST by bensdad (8977)
This content is user submitted and not an official statement

Cora Currier, ProPublica Mar 22, 2012

"Stand Your Ground," "Shoot First," "Make My Day" state laws—asserting an expansive right to self-defense—have come into focus after last month's killing of 17-year-old Trayvon Martin.

While local prosecutors have not arrested the shooter, George Zimmerman, the case is now being investigated by the Department of Justice and a Florida state attorney. It's not clear whether Florida's self-defense law will be applied in the case. (The police report on the shooting refers to it as an "unnecessary killing to prevent unlawful act.")

Still, in not arresting Zimmerman, local officials have pointed to Florida's wide definition of self-defense. In 2005, Florida became the first state to explicitly expand a person's right to use deadly force for self-defense. Deadly force is justified if a person is gravely threatened in the home or "any other place where he or she has a right to be."

In Florida, once self-defense is invoked, the burden is on the prosecution to disprove the claim.
Most states have long allowed the use of reasonable force, sometimes including deadly force, to protect oneself inside one's home—the so-called Castle Doctrine. Outside the home, people generally still have a "duty to retreat" from an attacker, if possible, to avoid confrontation. In other words, if you can get away and you shoot anyway, you can be prosecuted. In Florida, there is no duty to retreat. You can "stand your ground" outside your home, too.

Florida is not alone. Twenty-three other states now allow people to stand their ground. Most of these laws were passed after Florida's. (A few states never had a duty to retreat to begin with.)
Here's a rundown of the states with laws mirroring the one in Florida, where there's no duty to retreat in public places and where, in most cases, self-defense claims have some degree of immunity in court. (The specifics of what kind of immunity, and when the burden of proof lies on the prosecution, vary from state to state.)

Many of the laws were originally advocated as a way to address domestic abuse cases 2014 how could a battered wife retreat if she was attacked in her own home? Such legislation also has been recently pushed by the National Rifle Association and other gun-rights groups and ALEC.

Alabama
Arizona
Georgia
Idaho
Illinois (The law does not include a duty to retreat, which courts have interpreted as a right to expansive self-defense.)
Indiana
Kansas
Kentucky
Louisiana
Michigan
Mississippi
Montana
Nevada
North Carolina
Oklahoma
Oregon (Also does not include a duty to retreat.)
South Carolina
South Dakota
Tennessee
Texas
Utah
Washington (Also does not include a duty to retreat.)
West Virginia

19 Comments

19 Comments


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[-] 1 points by Mooks (1985) 2 years ago

I think the main problem with the Florida law is that it can apply anywhere. Standing your ground in your own home or business is pretty reasonable and is often safer than retreating. Don't forget, if you are in your home with a gun that is a very defensive position if someone is trying to harm you. It is much safer than actually trying to retreat because you loose that defensive position.

This Florida law is a joke though.

[-] -1 points by Blank102 (86) from American Canyon, CA 2 years ago

I'd vote for every one of them.

[-] -1 points by VantagePoint250624 (-51) 2 years ago

just keep your hate monging hippie ass in the other 27 states (vermont) and it's less likely anyone will rightfully cap you and then walk

of better yet, come visit one of our fine states that clearly has no intentions of suffering fools like you

[-] 1 points by bensdad (8977) 2 years ago

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[-] -2 points by PlasmaStorm (242) 2 years ago

Zimmerman may have been acting in self defense according to an eyewitness -- and no one here on this thread or on this website is an eyewitness. Fox News says a witness saw Trayvon on top of Zimmerman while Zimmerman was crying "help" into his cell phone.

[-] 1 points by MattLHolck (16833) from San Diego, CA 2 years ago

who did Zimmerman call ?

[-] 0 points by bensdad (8977) 2 years ago

faux news?
I can't PROVE its BS
but Obama is a Nigerian Muslim

[-] 1 points by PlasmaStorm (242) 2 years ago

I write a three sentence post that goes to the heart of the issue and you object because Fox News in the source?

[-] 1 points by bensdad (8977) 2 years ago

do YOU trust faux news?
rush?, sean?, billo?
the heart of the issue is the truth
there is a ton of "evidence" here - but the truth will come out soon - I hope
there are some absolute facts- that do NOT depend on the least effective evidence - eye witnesses.
#1 "fucking coon"
#2 the police told z NOT to follow Trayvon - and he did

[-] 1 points by PlasmaStorm (242) 2 years ago

I completely trust Fox News and your attempts to "disprove" the issue of Trayvon being on top of Zimmerman with Zimmerman yelling "help" into his cell phone are a little bit like saying the leaves on a tree aren't green, because Fox News said so!

[-] 1 points by bensdad (8977) 2 years ago

It sounds like you are a member of the faux religion -
you believe it all - like a bible.
Believing - in stead of reason and thinking - has given us wars for centuries
Obama is a Muslim? Obama is a Nigerian? Hillary killed Vince Foster?


How to spot an Rs>
brilliantly taught by faux news>


twist the "opponents" words into a lie to try to prove your point


"attempts to "disprove" the issue of Trayvon being on top of Zimmerman with Zimmerman yelling "help" into his cell phone"
WHERE DID I POST THAT?

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[-] 0 points by Dell (-168) 2 years ago

what news source do you trust?

[-] 1 points by bensdad (8977) 2 years ago

thank you for asking - and I'm not saying "John" is a lie or is lying.
I trust multiple sources - I want to see a key fact reported by
many people many times in many ( unrelated places ).


Fortunately, this situation - "John" - will have to testify under oath
Unfortunately, his testimony - I believe is secret and sealed -
and could be the only piece of evidence to sway a grand jury into
a "reasonable doubt" situation.
If it does, this will go to a civil suit - that will keep the truth hidden for years.
I hope that does not happen


While my "gut" is worse than an eye witness
my gut tells me
Travon was a child who had never been in trouble
George was looking for trouble - with a gun
George could have followed police instructions - and did not
We don't know who yelled "help!"
This police department makes the keystone cops look professional
The police bungling may have contaminated the evidence so badly,
........that no conviction is possible
I would like to know where Trayvon was shot and at what distance
I would like to know how much Trayvon weighed
I would like to know how much George weighed

[-] 0 points by Dell (-168) 2 years ago

what multiple sources?

[-] 1 points by bensdad (8977) 2 years ago

the nation, cbs, huffington, new york times, daily kos, time, washington post, CNN, ABC
I must admit - I have not checked them for " john" - did you ?
but, as I said - I hope INDEPENDENT investigations will
give us the truth - VERY SOON - with minimal reliance on eye wintness reports.

These dont prove anything-
do you know the answers to my three questions?
I would like to know where Trayvon was shot and at what distance I would like to know how much Trayvon weighed I would like to know how much George weighed

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[-] 0 points by Dell (-168) 2 years ago

all liberal bent media sources.

[-] 1 points by bensdad (8977) 2 years ago

I am shocked, simply shocked at your "bent" reply FYI - Your sources are all fox


from the Cambridge dictionary fox DECEIVE to deceive someone in a clever way


I hope I helped you get to the truth

[-] 1 points by MattLHolck (16833) from San Diego, CA 2 years ago

there are none

[-] 0 points by Dell (-168) 2 years ago

hahahaha! oh really lol! and hence this is why you occupy lol! I'd say of your list - CNN is the most centered - which is scary that you think this is unbiased media.