Florida warning shot bill

[Knowing]

http://www.wtsp.com/story/news/politics/2014/04/03/florida-senate-warning-shots-bill-passes/7270777/

Already approved in the house, the senate took up HB 89 – Threatened Use of Force. The bill adds warning shots within the state's self-defense laws and amends the 10-20-Life policy.


"This bill addresses that issue," said Sen. Audrey Gibson of Jacksonville.
Several senators dissented, but overall the support for the measure was there and passed 32-7.


Senator Greg Evers, a republican from Pensacola, sponsored the senate version of the bill.


"The motivation was to see that folks that exercise their right of self-protection would not be sentenced to prison," Evers said.
Warning shots became a national conversation due to the Marissa Alexander case in Jacksonville. She was arrested and convicted of firing a warning shot at her estranged husband during a domestic dispute. She's now out of jail and faces a new trial.

I thought all of the evidence indicated that even if she wanted it to be a warning shot, it wasn't. Didn't her own children testify to that fact?

 

[highland145]

IIRC, Marissa Alexander left the house and came back in to fire the warning shot.

 

[Jaskalas]

Yes, I see this being abused. Holiday celebrations with gunfire are illegal? Nonsense, those were warning shots. Some "thugs" looked at me funny, prove that they didn't!

Hope it is carefully worded and not hastily rushed.

 

[smackababy]

I think this is more in response to cases where the person didn't want to kill, but merely scare off an aggressor. However, because of the laws, were found guilty of a crime for not killing the person.

While, I think even under this new law, Melissa Alexander will be found guilty (as it wasn't really self defense, from what I've read). That is a bad example to use for this law, but it isn't a terrible law.

 

[hal2kilo]

Yes, I see this being abused. Holiday celebrations with gunfire are illegal? Nonsense, those were warning shots. Some "thugs" looked at me funny, prove that they didn't!

Hope it is carefully worded and not hastily rushed.

Yea, it's no fun if you get just one. Can you also yell "ya hoo" at the same time. F'n Florida.

 

[thraashman]

IIRC, Marissa Alexander left the house and came back in to fire the warning shot.

She attempted to exit the house through the garage but for some reason could not (broken or something). And she returned back through the house to leave through the front door.

 

[highland145]

She attempted to exit the house through the garage but for some reason could not (broken or something). And she returned back through the house to leave through the front door.

According to court documents, Alexander got into an argument with her husband, Rico Gray, after Gray found text messages on Alexander’s phone to her ex-husband. Alexander claimed Gray initially prevented her from leaving the bathroom – where they were arguing – but at some point she was able to get by him and get away. Alexander fled the house, but when she got to her car in the garage, she realized she had left her keys inside. So she got her gun from the car and re-entered the house. Alexander told police the garage door was broken, and that’s why she didn’t exit that way. Police found no evidence proving the garage door wasn’t working properly.

Looks like some holes in her story. Like smack said, tying her in with the law doesn't look appropriate.

A jury found the Jacksonville, Florida, woman guilty in just 12 minutes.

Ouch.

Alexander’s own actions were ultimately used against her self-defense claim. While she was out on bail, awaiting trial on her aggravated assault charges, Alexander was arrested for domestic battery against Gray. Although her bail contract specifically prohibited any contact between her and Gray, Alexander went to her husband’s house -- where she wasn’t living at the time -- and after an altercation, he ultimately called police.
When the police contacted Alexander about the incident, she first said she didn’t know what they were talking about, and she hadn’t been at the house, but later she stated that Gray attacked her because she wouldn’t stay with him overnight. Alexander never called police and later stated she was scared. According to police reports, Alexander had no injuries, but Gray had a bloody swollen eye and told police Alexander had punched him.

 

[spidey07]

It's a good law with bipartisian support. It strengthens self defense law to prevent prosecutors from going after the victim who was forced to defend themselves. It's beyond reprehensible that somebody gets an automatic 20 years because they missed their assailant. Good law that protects the victim.

 

[Newell Steamer]

Warning shot should mean a shot to an appendage, grazing of the skull and not hitting vital internal organs,.. what kind of sissy gun law is this??

 

[Sheik Yerbouti]

Bugs had it right a long time ago

 

[frowertr]

As is normal, the media gives this bill a name (Warning Shot), yet that term isn't even included in the bill.

http://www.myfloridahouse.gov/Secti...tType=Amendments&BillNumber=0089&Session=2014

The bill does nothing for law abiding CC carriers like myself. There will be no "warning shot" if I feel threatened enough to pull my firearm. It will be two shots to center mass and that's it!

 

[smackababy]

As is normal, the media gives this bill a name (Warning Shot), yet that term isn't even included in the bill.

http://www.myfloridahouse.gov/Secti...tType=Amendments&BillNumber=0089&Session=2014

The bill does nothing for law abiding CC carriers like myself. There will be no "warning shot" if I feel threatened enough to pull my firearm. It will be two shots to center mass and that's it!

I agree that in the event of having to pull my gun in self defense, I will not "warning" anyone. I do acknowledge that some people may be hesitant to initially shoot someone though. If you fire a warning shot and they continue to be aggressors, even if you legally defend yourself, under the current law, you can be convicted of crimes.

 

[TerryMathews]

Reading it, it's not warning shots. It's legalizing brandishing.

 

[spidey07]

Reading it, it's not warning shots. It's legalizing brandishing.

Nonsense! The media has said it allows anybody to fire warning shots anywhere for any reason. Blood in the streets, warning shot everywhere...it's the "warning shot bill" for christ sake! It says it right on the bill!

 

[TerryMathews]

Nonsense! The media has said it allows anybody to fire warning shots anywhere for any reason. Blood in the streets, warning shot everywhere...it's the "warning shot bill" for christ sake! It says it right on the bill!

Please dont agree with me. It makes the natives restless.

 

[smackababy]

Reading it, it's not warning shots. It's legalizing brandishing.

I don't think you did read the bill. It added the underlined parts, allowing you to partake in an "aggravated assault" in defense of yourself or others. You are now allowed to threaten deadly force to your attacker in self defense. You can point your gun (and fire a warning shot) in defense of yourself under this new law, as currently that is aggravated assault and has a mandatory minimum sentence.

 

[frowertr]

Nonsense! The media has said it allows anybody to fire warning shots anywhere for any reason. Blood in the streets, warning shot everywhere...it's the "warning shot bill" for christ sake! It says it right on the bill!

Where do you see that? I posted a direct link to the bill a few posts up and that term is no where to be found. The media created this name for it out of thin air.

 

[TerryMathews]

I don't think you did read the bill. It added the underlined parts, allowing you to partake in an "aggravated assault" in defense of yourself or others. You are now allowed to threaten deadly force to your attacker in self defense. You can point your gun (and fire a warning shot) in defense of yourself under this new law, as currently that is aggravated assault and has a mandatory minimum sentence.

Point your gun is brandishing. I saw nothing in there that reclassified the discharge of a firearm. Could you please tell me what line its on and I'll read it again.

JSYK there are about half a dozen laws that you can be guilty of when you fire a gun in the city limits. Florida self defense law preempts those but requires a certain set of circumstances that are not generally compatible with having the presence of mind to fire a warning shot safely.

 

[spidey07]

I don't think you did read the bill. It added the underlined parts, allowing you to partake in an "aggravated assault" in defense of yourself or others. You are now allowed to threaten deadly force to your attacker in self defense. You can point your gun (and fire a warning shot) in defense of yourself under this new law, as currently that is aggravated assault and has a mandatory minimum sentence.

That's why it's such a great bill. It protects the victim of an attack and prevents prosecution if the victim merely "threaten" force. Before this bill if you didn't shoot them you would get a mandatory 20 year sentence.

The only down side of this bill is if prosecutors turn it around and ask a victim who killed in self defense "why didn't you fire a warning shot or threaten them before you pulled the trigger in cold blood?"

 

[spidey07]

Where do you see that? I posted a direct link to the bill a few posts up and that term is no where to be found. The media created this name for it out of thin air.

That was dripping sarcasm.

 

[frowertr]

I don't think you did read the bill. It added the underlined parts, allowing you to partake in an "aggravated assault" in defense of yourself or others. You are now allowed to threaten deadly force to your attacker in self defense. You can point your gun (and fire a warning shot) in defense of yourself under this new law, as currently that is aggravated assault and has a mandatory minimum sentence.

+1. Good summation.

The real point of this bill was (I believe) to protect against overzealous state attorneys who wanted to add to their conviction totals. Minimum sentencing sucks sometimes when people do the right thing but still end up on the wrong side of the law.

 

[HomerJS]

IIRC, Marissa Alexander left the house and came back in to fire the warning shot.

Are you saying she had a chance to remove herself from the situation, didn't and shots were fired? Sounds like another Florida case, rhymes with Gunn.

 

[frowertr]

That was dripping sarcasm.

doh!!

 

[spidey07]

Are you saying she had a chance to remove herself from the situation, didn't and shots were fired? Sounds like another Florida case, rhymes with Gunn.

There is no duty to retreat in Florida.

 

[frowertr]

The only down side of this bill is if prosecutors turn it around and ask a victim who killed in self defense "why didn't you fire a warning shot or threaten them before you pulled the trigger in cold blood?"

Two shots into the perp and one into the ground after he is taken out. Your story to the police was you fired one into the ground first...