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Viewpoint: Standing Up For “Stand Your Ground” Law
May 1, 2012
“A person is justified in the use of deadly force and does not have a duty to retreat if he or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.” Chapter 776.012, Florida Statutes
Submitted by Rep. Matt Gaetz and Sen. Don Gaetz
The shooting death of Trayvon Martin was a tragedy. Thankfully, our Constitution leaves it to a jury of twelve citizens, not a gaggle of cable news demagogues, to decide whether a crime was committed and, if so, who committed it. After all, our system of justice exists to resolve the tough cases – not just the easy ones.
While motions are filed and trial dates are negotiated in the prosecution of George Zimmerman, the media’s obsession has shifted to Florida’s “Stand Your Ground” law. Riding the extreme rhetoric of Al Sharpton and encouraged by the “concerns” of Attorney General Eric Holder, anti-gun groups have already declared that law guilty of murder and sentenced it for repeal by the state legislature.
As two legislators who will vote on the issue, we want Northwest Floridians to know where we stand as we approach what is sure to be a well-orchestrated, well-financed attack on the Second Amendment.
Assuredly, there are very few laws on the books so pure they can’t be improved. In fact, much of our effort in Tallahassee has been to repeal bad, unnecessary, burdensome laws. But it wasn’t the fault of Chapter 776.012, Florida Statutes, that Trayvon Martin is dead. If Zimmerman claims a “Stand Your Ground” defense, that still doesn’t make the law wrong. Claims are made in court every day. The court, not the media talking heads, decides if those claims are valid.
Without question, the Legislature should stand its ground and defend good law in the face of self-serving, over-hyped rhetoric from the far left.
In 2005 when “Stand Your Ground” was enacted, Florida was one of only a few states that required a victim to run rather than stand his or her ground when attacked by a criminal while using deadly force. Before “Stand Your Ground,” Florida law favored the attacker.
Consider an elderly woman in a dimly lit parking lot or a college girl walking to her dorm at night. If either was attacked, her duty was to turn her back and try to flee, probably be overcome and raped or killed. Prior to “Stand Your Ground,” that victim didn’t have the choice to defend herself, to meet force with force.
Calls to repeal “Stand Your Ground” are anti-woman. Imposing a duty-to-flee places the safety of the rapist above a woman’s own life. In fact, until “Stand Your Ground” was passed, criminals were suing victims because victims, in protecting themselves, were allegedly using excessive force against the criminals.
“Stand Your Ground” simply says, if you have a right to be somewhere and if you’re not breaking the law, you may defend yourself to prevent imminent death or bodily harm. You don’t have an obligation to do so. You have the right.
Those who use every tragedy as an excuse to water down our right to keep and bear arms are already exploiting Trayvon Martin’s death for their own purposes. In the legislative debate that is sure to come, we will remind them that “Stand Your Ground” is not a right-wing over-reaction. It was passed by a bi-partisan majority of the Florida Legislature. We will remind them that Florida Democratic Party Chairman Rod Smith, while a state senator, was one of the sponsors.
Most important, we will remind the critics and the cynics why this law is necessary, who it protects, and, if it were repealed, whose side the Legislature would be taking in that dimly-lit parking lot or that darkened college dormitory.
Comments
34 Responses to “Viewpoint: Standing Up For “Stand Your Ground” Law”
Regarding the Trayvon Martin / George Zimmerman case – An Absolute Trajedy. George Zimmerman’s family also suffers and his life is irreparably damaged whatever the verdict will be.
As it should be, George Zimmerman is on trial. However, our ‘Castle Doctrine’, ‘Stand Your Ground’ law, Right to Carry Licensure and all of our gun rights should NOT be on trial. The Anit-Gun Crowd on Federal and State levels will, of course, sieze the opportunity to further their agenda to deny responsible, law abiding citizens the right of self protection.
Yes, there are those who abuse any and all laws, that does not, however, mean that the law is wrong. Let each incident be tried on its own merits. More importantly, LET FREEDOM RING!
Too bad Fl is one of just a few states that does not recognize the right to openly carry a handgun. If GZ had been doing so that night, perhaps this whole thing could have been averted. Oh well, the Fl retail federation trumps our right to bear arms any day.
English Common Law, on which much of our Constitutional Rights are based allows one to defend one’s self, or other INNOCENT VICTIM. In other words the right of self defense has its roots much prior to the founding of our country. I understand that STAND YOUR GROUND was enacted due to too many prosecuting attorneys wanting to “beef up” their conviction rate started prosecuting victims who had used deadly force to protect themselves from death or great bodily harm instead of attempting to flee. Often that attempt to flee would have resulted in their own death. In fact in the “Facts” pamphlet which used to be issued with Florida’s concealed weapons permit an showed the example of a man being convicted of manslaughter resulting from defending himself FROM ATTACK (I think it was by several attackers.). The prosecutor convinced the court that the victim “COULD HAVE” possibly gotten into his vehicle and driven away rather than defend himself. Common sense tells me that the act of attempting to get into his vehicle would have left him open for the attack.
Stand Your Ground is a good, well reasoned piece of legislation which probably never would have come about had not numerous state attorneys (prosecuting attorneys) been overzelulous to obtain convictions resulting in innocent victims being made into criminals.
Additionally, as a prior law enforcement officer I can verify that police can not be everywhere to protect everyone. Even the US Supreme court has verified that. Too often they can only afterwords come to “work the crime scene”.
REGARDING:
“- – - as George Zimmerman clearly did when he disregarded the instructions of the police dispatcher to NOT pursue Trayvon Martin.”
Here we have a perfect example of absolute certainty in the absence of facts, or possibly facts others haven’t received yet.
Part of the record is that GZ DID get out of his vehicle. After he did so, the 911 operator told him they didn’t need him to do that and he said, “Okay” and seemed embarrassed, just from his tone of voice. The following conversation with the operator was lengthy and didn’t sound like someone racing through the darkness after prey.
So the questions many would wonder are:
Did he continue to pursue?
If he did not pursue further, how far from his vehicle was he when he was advised against pursuing?
Did he begin to return to his vehicle?
Did he head toward the location the operator directed him to go to meet the police?
Did he confront or was he confronted?
Did he attack or was he attacked?
Who was screaming and why was he screaming?
It would be simpler to just lynch GZ since so many KNOW exactly how it went down, but it would be interesting to know from evidence rather than speculation, omniscience and editing.
David for justice for all
I support the Stand Your Ground law, but that law does not apply in the case of George Zimmerman. The law was never intended to allow you to escape the consequences of a confrontation that you yourself initiated, as George Zimmerman clearly did when he disregarded the instructions of the police dispatcher to NOT pursue Trayvon Martin. The law is also not intended to allow you to use deadly force when faced with being beaten up. Trayvon Martin was unarmed, and even assuming that things happened exactly as Zimmerman says, which is a BIG assumption, he still was not at any time in danger of losing his life. Stand You Ground simply does not apply in this case. If you know any cops, ask them about “wannabes”, and whether or not they think it’s a good to idea for armed wannabes to be patrolling our streets with all the deadly force of police officers, but none of the training or accountability.
As a woman, I support the Stand Your Ground law. I should not have to worry about being sued if I shoot an intruder in my house. If an intruder wanted to harm me, I know I could be overtaken. I’m a petite woman; my sidearm is my equalizer. I have a chance to survive if I use deadly force, and I will use it! My children should not be denied their mother, & my husband should not be denied his wife.
Ok to all of you who do not believe in defending yourself. Fine, be a victim, it is not up to the rest of us , who do believe in defending our selves, to take care of you. But we seem to always do. So before you inject your worthless opinion about something you will not do for your self, keep your little silly rules about self defense to your self. it seems you have no idea about what you are talking about.
I personally don’t carry weapon but am not against the SYG…but more the misuse of it. Not going to even get into Trayvon Martin’s murder because wd all have an opinion but am definitely not opposed to having the right to defend myself were I ever attacked. Please correct me if I’m wrong but isn’t there a clause in the SYG law? The Aggressor Clause? Indicating that if you pursue me or confront me, you can’t at this point use the SYG law as a defense?
REGARDING:
“Or stupidly attempting to stop a robbery when your personal gun control is not that good.”
Interesting attitude — calling a woman stupid for shooting her robber and killer. Well, maybe she MADE him kill her by defending herself. Surely he didn’t mean to use the gun he had in his hand pointing at her — even if he shot first, which we don’t really know, what with no living witnesses and all. We DO know she was at work in her store and HE was robbing her at gunpoint just before they killed each other.
Still, I guess she is the stupid one if you say so.
David for wisdom and intellect
REGARDING:
“@ Bud – I don’t understand your comment. Sorry.
“Was Zimmerman Stand he own ground if not he has no right to use this defense.” ”
He obviously believes nobody should be allowed to defend himself unless he is on his own property. Those in public places are fair game to those who would attack them and only criminals should be allowed out in public, unrestrained.
Or maybe that isn’t what he meant, just what he said — more or less, the sentence structure is a bit shaky.
Implied — or maybe even stated — is that a person out in public has to avoid anybody who may be a threat or from that point forward, he is the attacker and has no right to defense. Obviously, this would be wise. Stay away from dangerous situations. Police and emergency personnel often use the philosophy, avoiding certain areas unless they have much back-up on hand. It can be rough on the people needing help possibly dying, being robbed or raped, but that’s THEIR hard luck. The police and/or EMTs can’t help you if THEY’re dead.
As to whether or not the law applied in the Zimmerman case, everybody knows but knows without all the facts. They’ve just made up their minds.
David for certainty
sometimes even facts
Well crime is up over all 3.7 percent in Escambia County, and 16.5 in Santa Rosa county.Seems we need this law now more than ever. Great article! By the way the majority of us in this state support this law. And the state has done an excellent job of giving us what we want.Liberals and anti-gunners wish us to be sheep left to be victims because they do not believe in defending one self. If you do not believe in at least fighting for your own life, why would you expect any one else to? I really like this law and it puts the power back in our lives to do some thing about it. It is truly one thing we can do to stop those who will not obey any of out laws.What is says ( If you decide to make your life about robbing, stealing and breaking all the other laws, well now you may be killed in your new line of work, if you are, so be it, you got what you deserved.) If you act like a rabid dog, you shall be treated as such. God Bless this state,and the NRA!!!!!!!!
Even if stand your ground would not apply to Zimmerman he still has the statue of self defense to use. I wonder how many liberal individuals have concealed carry permits and would they give them up to show their liberalism in support of stand your ground repeal. I would greatly doubt it the trouble with some of these liberals is do as I say not as I do.
Stand your ground only applies if there is evidence Martin was attacking Zimmerman. This has not been established by trial of the facts – YET- so stand your ground does not apply YET either. In short SYG has nothing to do with this case at this time. The Drive by Media has reversed the role of SYG from criminal attack/ citizen counter attack, to citizen attack/ no need for criminal attack; which SYG does NOT allow.
@ Bud – I don’t understand your comment. Sorry.
“Was Zimmerman Stand he own ground if not he has no right to use this defense.”
Thank you for a well reasoned commentary on “Stand Your Ground.” More so called “Reasonable Conservatives” need to raise to the defense of our core values when they are misconstrued by the drive by media.
It is these core values which serve all citizens equally including the cherished one of protecting the innocent and non aggressor in a confrontation. The only folks we see regularly attacking these values are those with self serving purposes, much to the detriment of a civil society and for the benefit of criminal intent.
I would say that this law is good. Also the sponsers and supporters understand our delima. No change to the law. Good work. If those did not resort to violence to solve there issues they would be alive today.
I support Stand Your Ground and the Castle Law,and the Consitutional Republic and the 10th Admendment.
If you don’t have the right to protect what’s your, what rights do you actually have?
Under the same constitution we live under the government maintains the right, and ability, to defend this nation, it’s people, and it’s laws with the strongest military force in the world. Time and again we have been attacked and reacted in kind to our attackers. There have been instances where all the citizens didn’t agree to retaliate but the constitution put the authority with the government who has the right to make the decision.
Question, how can a free government, such as ours, reserve for itself what it would seek to deny its’ people and still call itself a free nation?
a thoughtful letter from two thoughtful men. i have only met sen gaetz a couple times at local diner, not sure if we can use business names with out permission, and he was thoughtful and gracious. if we could have more like him this country would be better off.
the legislature and our senators think long and hard on these things, take all kinds of issues into account and consult legal minds in florida and across the country. the media gives us citizens 10 seconds of info with more bias then any one person should have to tolerate. i have faith in Sen. Gaetz and his decisions.
Before stand your ground any criminal could turn a law abiding citizen in to a criminal just for defending them selves. no law is perfect but any law that allows me to legally defend my family and i is better than the alternative. thank you Republican legislature. you finally got some thing right.
People forget what started the stand your ground law movement in the first place. a 67 year old man was repeatedly knocked down (3times) as he tried to run away from his attacker who was also robbing the store the senior was shopping in. after the third time the senior was nocked down he finally pulled his permuted concealed weapon and killed the attacker/robber. the 67 year old man was prosecuted and put on probation because the prosecutor claimed “he could have retreated further”. stand your ground should stand. on behalf of every senior who no longer has to try n run from their attackers. thank you Don!
the gaetz boys and the legislature got it right. this is one of the few laws that gave power back to the citizen and the liberal national media doesn’t like that.
This is an outstanding article by my panhandle colleagues Senator Don Gaetz and Representative Matt Gaetz, and I stand with them 110% in full support of our Castle Doctrine and Stand Your Ground law. As some may remember, I was a co-sponsor of the 2005 legislation creating the “Castle Doctrine” and the “Stand Your Ground Law.” I have been deeply disturbed recent political attacks on law-abiding Floridian’s fundamental rights of freedom and self protection. When I came across this excellent article in northescambia.com, I felt that the article simply and honestly sets forth the truth about these key Second Amendment doctrines. I know law-abiding gun owners – like me – will appreciate knowing they have this key support.
Best regards,
Greg Evers
Senator – District 2
I support the stand your ground law 100%. I will betcha ole Al would to if some gang bangers broke into his home and violated his family. The law is what it is, stand your ground with deadly force if necassary. That does’nt mean lure someone you dislike into a situation and start blasting away. this area we live in has gone crazy, it’s not just thugs and gangs and drugies doing crimes. Its also people who are willing to go to the extrmes to pay their bills during these hard times. So be prepared folks. You are not bothering me over there,,, but you are when you enter my space… and the great state of florida gives the right to protect myself and my family.
If the law should be repealed, and I were to be put in a situation where I needed to defend myself, I would defend myself. I would rather sit in jail alive, than to die.
To Kathy
If you are referring to the recent killing of a store clerk at a convenience store on Pace Blvd. (the “alleged” robber also died); you are implying that if she didn’t reach for her own handgun that she would still be alive, you don’t know that! Very often the robbers kill all of the witnesses so that no one can identify them. I’m willing to bet, with no further knowledge, that the store clerk had a handgun registered to her and that the perpetrator had one which was not properly registered to him.
Father and son receiving no doubt plenty of financial support from the NRA and you suck it up like mother’s milk. You just saw what stand your ground law did to the lady at the store in Brownsville, you just saw the Zimmerman case, but lies become mothers milk. I am not a gun hater, I am not opposed to owning and using guns, I am opposed to permission from a State government that says yes, you are in Tombstone go ahead and fight it out with guns. It is not against the 2nd amendment to oppose everyone running around with a gun in their pocket and shooting anyone that p’s them off. Or stupidly attempting to stop a robbery when your personal gun control is not that good.
Florida has been a leader in the fight for individuals to defend their selves in the face of forcible intrusion, I would hate for one case which is being argued in the court of public opinion rather than a court of law to be responsible for abolishing the “Stand Your Ground” law. England, which we continue to follow down failing paths, has abolished all handguns; now you are guilty of a crime if you shoot an intruder stealing property from your house.
The dirty little secret that none of the rabble rousers on TV are willing to say is that the preponderance of crime and killings in this country are committed with non-registered handguns. Very few crimes are committed by people who are willing to stand up and put their names on the line for a carry permit.
Finally. A clear logical statement of what the SYG law is, and is not. It is a “law-abiding society” first law. It is not, as seems to be the slanderous trend, permission to kill. If the vast majority would simply stop and think, this vitriolic public debate would not even be taking place. But I guess that requires too much common sense. A virtue that seems to be severely lacking these days.
I’d like to thank the law makers for allowing us defend ourselves and our families if the need arises. There are too many laws which put law abiding citizens at a disadvantage. The Stand our Ground law is a step in the right direction.
Laws should be written to make penalties tough on criminals without putting law abiding citizens at a disadvantage.
Nobody wants to just kill another human.Not a normal person antway.But we must be able to protect and defend ourselves and our loved ones. The law is good’ If someone abuses or misuses the law they should be prosicuted.That is why we have judges and jurys.Keep the law and get rid of one sided journalism that makes up a story that is a fabrication and spreads it for political purposes……So sick of politics and the lies to trick people into an agenda. Don’t be gulible and weak minded.Use your common sense.
Was Zimmerman Stand he own ground if not he has no right to use this defense.
I support stand your ground.