When it comes to self defense legislation and the 2nd Amendment, many conservatives believed that Florida’s “stand your ground” law was an incredible step forward.
The state’s revolutionary statute required that prosectors successfully argue against a defendant’s self-defense claim before a full trial would even begin, shedding excessive court costs and resources for clear cut instances of legitimate self defense. Not only was the law revered for its protection of gun owners who found themselves in harm’s way, but for the ability of the legislation to avoid clogging up the state’s already-dense judicial schedule.
Now, however, one liberal judge is taking an oddly defiant stance against one of the most common-sense laws on the books in America today, ruling that the state of Florida’s “stand your ground” statute is unconstitutional.
“Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant’s self-defense claim at a pre-trial hearing.
“The judge ruled that under Florida’s constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.
“‘As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,’ Hirsch wrote in a 14-page order.
“The ruling is a victory for prosecutors who have firmly opposed the law they believe makes it easier for defendants to get away with murder and other violent crime.
“The law, an update to the already controversial “Stand Your Ground” statute passed over a decade ago, was pushed by the politically powerful National Rifle Association. Gov. Rick Scott signed the new law into effect in last month.
“First passed in 2005, Florida’s controversial self-defense law has been criticized for fostering a shoot-first mentality — and giving killers a pass at justice. The law eliminated a citizen’s duty to retreat before using deadly force to counter an apparent threat.
“More problematic for prosecutors, the law made it easier for judges — before ever getting to a jury — to dismiss criminal charges if they deem someone acted in self-defense.”
While the 2nd Amendment itself is extremely clear and simple, the political left has been working for decades to muddy the waters in order to weaken the all-important and inalienable right.
The 2nd Amendment itself merely guarantees that the American people have the right to bear arms in order to remove a tyrannical government. In that case, and in the original intent of the founders, that right should extend to any weaponry necessary to compete with a military force capable of being mobilized by the government in order to quell an American uprising. Furthermore, that right shall not be infringed. In the case of Florida’s “stand your ground” law, liberals are simply opposing the law because it positively effects gun owners, and not because of any real-world complications that have arisen in the subsequent cases. Certainly justice is not always served, especially in the case of the 2nd Amendment, but by allowing leftist ideals to creep into what is essentially a glorified pre-trial “how do you plead?”, the liberals are able to once again demonize American fun owners.