“We have a situation in Florida where a rudimentary background check, a four-hour class, and a few shots at a paper target can get you a concealed weapons permit.”
In Florida, we are not safer today. I realize that fans of the Second Amendment would not agree with me, as the NRA and other advocates of the amendment have pushed for the changes to the “Stand Your Ground” law that Governor Rick Scott signed, placing the burden of proof on prosecutors in self-defense hearings.
Since it was enacted in 2005, the controversial “Stand Your Ground” law has been inconsistently applied, as documented in this 2012 Tampa Bay Times article in response to the Trayvon Martin shooting by George Zimmerman. Despite being told to remain in his vehicle and wait for police to arrive by a police dispatcher, Zimmerman chose to confront Martin. A flight ensued that escalated and resulted in Zimmerman fatally shooting Martin. None of this would have likely happened had Zimmerman waited on police officers to arrive. It should be noted that while George Zimmerman did not face a Stand Your Ground hearing in that case, jurors were read the law as part of instructions and deliberated with that law in mind before acquitting Zimmerman.
Prosecutors have been critical of this change in the law, as it creates a situation where every case that invokes self-defense has the potential to be tried twice: once during the hearing and once in front of a jury. Prosecutors have the burden of proof in both cases. Prior to this change, the responsibility was on the defense attorneys to show that their client acted in self-defense.
Here’s where things get tricky. Every encounter, every dispute, every minor argument has the potential to escalate. The person that is left alive is the only perspective that judges and jurors get to hear. We have a situation in Florida where a rudimentary background check, a four-hour class, and a few shots at a paper target can get you a concealed weapons permit. In many cases, having a concealed weapons permit isn’t even necessary.
Now you are essentially deputized with a state-sanctioned authority to go confront anyone you believe is trespassing (like Trayvon Martin) or people who annoy you in a theater by texting during the movie trailers (like Chad Oulson). Getting into a fight with someone and winning could now be an instant death sentence like it was for Klinton Chee, who won a fistfight only to be fatally shot. Etti Miezan was shot after an altercation at a birthday party. All the cases above resulted in acquittal.
Love your neighbor or else…
Think you are safe in your neighborhood?
Jason Rosenbloom was shot by his neighbor over a dispute because Rosenbloom put eight trash bags by the road instead of the maximum of six.
Jyron Miles was shot for approaching a newspaper deliveryman.
Shane Huse was shot in front of his two kids over a neighbor dispute about dogs.
Carlos Ibanez was shot while knocking on doors and car windows to promote his Seventh Day Adventist religion.
Two power company workers found themselves under fire when they approached Ernesto Che Vino’s yard to cut the power for non-payment.
Encouraging citizens to take the law into their own hands is dangerous. Prior to becoming a police officer, I had to pass a rigorous psychological test. After I was hired, I was required to demonstrate proficiency with my firearm twice per year. I was trained in discretionary tactics and shoot/don’t shoot scenario-based training. I received interpersonal skills training where I learned how to de-escalate conflict, and I learned enough about criminal law to know when my authority should best be applied.
Civilians who are using force and relying on the Stand Your Ground law for protection receive none of that training. The value of trained police officers, even in the wake of nationally recognized incidents such as Rodney King in the ‘90s or the current day post-Michael Ferguson era, cannot be understated.
We are not safer today.
