Florida Judge Rules ‘Stand Your Ground’ Law Unconstitutional

Should an American citizen have the right to stand their ground when confronted with danger or are they obligated to flee and give the criminal power over them? That’s been a subject of hot debate between liberals and conservatives.

Let me put it another way. If you were walking on a sidewalk with your spouse and an armed man approached you and demanded your wallet, purse, watch, phone and jewelry, what would you do. If you were a permitted concealed weapon carrier, would you have the right to pull your weapon and defend yourself or would you turn over everything to the criminal or would you run in hopes of not being shot in the back or followed?

What if you were talking to someone on a sidewalk and they pulled a knife or gun on you and threatened your life, or started hitting you? Would you fight back, shoot them with your legal concealed carry gun or try to run away, hoping they won’t follow you or shoot you in the back?

Some states have addressed these issues with ‘stand your ground’ laws and some states, run by Democrats believe that ‘stand your ground’ laws are wrong and you should try to flee at all cost and not defend yourself.

Florida is a state with a ‘stand your ground’ law, but that law was legally challenged after the incident with George Zimmerman and Trayvon Martin. Zimmerman stopped Martin to ask what he was doing in a certain neighborhood at the late hour of night when Martin attacked him. At one point in the confrontation, Martin was slamming Zimmerman’s head against the concrete. Zimmerman believed his life was in danger so he pulled his gun and shot Martin, killing him.

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The incident, which took place back in 2005, ignited a firestorm of racial protests throughout the nation. Barack Obama’s buddies, the New Black Panthers, publicly issued a bounty for Zimmerman, dead or alive. It resulted in numerous incidents of black Americans walking up to complete strangers, white Americans, and slugging them in the head, often knocking to the ground or knocking them out. There was one incident where a group of black American teens attacked a man walking along with the sidewalk with his arms full of groceries. The man ended up in the hospital for days, recovering from his injuries. During the attack, the black teens kept saying ‘this is for Trayvon’ as if they were somehow justified for their lawlessness.

Fortunately, Zimmerman was acquitted by a jury, but Florida’s ‘stand your ground’ law continued to be challenged.

In 2015, the Florida legislature passed a bill, modifying the ‘stand your ground’ law and Gov. Rick Scott signed it into law. The new revision ‘required prosecutors to disprove a defendant’s self-defense case at pretrial hearings’.

However, Miami-Dade Circuit Judge Milton Hirsch declared the law to be unconstitutional. He said that lawmakers overstepped their authority and that the matter should be decided by the Florida State Supreme Court. In his decision, Hirsch wrote:

“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified.”

Excuse me??? Since when can’t a legislative body make a change to law they originally passed? Since when is it up to a court to change a law originally passed by a legislative body?

The bottom line is that Judge Hirsch just shot down Florida’s modified ‘stand your ground’ law, meaning that Florida residents are not legally allowed to stand their ground and defend themselves or their loved ones. They are at the mercy of any criminal who chooses to victimize them.

I wonder if Hirsch would feel the same if he or his wife were confronted on the street by a thug who threatened them?


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