My response:
>Nichole wrote:
>You have to wonder whether the Florida Legislature has lost its mind.
>It's a legitimate question, given the dangerously nutty idea that body >recently passed with unusual speed.
>Gov. Jeb Bush is expected, any day now, to sign Florida Senate Bill 436 into >law. His pen stroke will make it 100 percent legal to use deadly force as a >self-defense option in the Sunshine State. Anyone who thinks they're under >attack could, as of Oct. 1, "meet force with force if the person is in a place >where he or she has a right to be and the force is necessary to prevent >death."
Hmmm....seems you missed the very point you quoted.....anyone who has a CCW and chooses to use deadly force, probably will have to prove that they felt they were in danger of physical harm or death. You would rather one chose death???
>If that isn't risky enough, the bill also extends immunity from criminal >prosecution and civil lawsuits to the person taking justice into his or her >hands, so long as another law isn't being violated.
As long as the law isn't violated. Again the person protecting himself must know the law and be sure of what he/she is doing.
>This is not only a break with sanity; it's a needless break with existing law.
>Florida already allows citizens to defend themselves when under attack, but >only after first exercising a "duty to retreat," some reasonable alternative to >the human urge to strike back immediately.
Again, any sane person will choose the "retreat" alternative. But when someone is bent on hurting/killing you, you see a problem with deadly force???
>That's a good thing considering that Florida, like Michigan, has recently >relaxed its rules for obtaining a permit to carry a concealed weapon.
Might just be due to the record of CCW holders....crime rate significantly below the general population, .005% vs. 5% last study I saw. And that includes all offenses including such things as inadvertently driving with expired license plate. Best you read the studies before you suggest the CCW holders are a bunch of radical, wild, wild west cowboys shooting everything in sight.
>But Marion Hammer, a past president of the National Rifle Association, who >also led the organization's four-month effort to get the bill passed in Florida, >argues that the duty to retreat unfairly favored criminals. "This just puts >things back to where the law will be on the side of victims and law abiding >citizens," she says. "Right now, if a criminal attacks you, the law says you >need to run away because we don't want you hurting criminals. It doesn't >matter if you get hurt."
>As proof, she cites the case of an elderly Pensacola man who last November >shot and killed an intruder who broke into his trailer and refused to leave. >Prosecutors, she said, took three months to decide what should have been >a clear case of self-defense.
>"When the law is doing that sort of thing, it's turned upside down, and it's >time to put a stop to it," Hammer said.
>"What's so wrongful about taking the life of someone trying to rob or rape >you, or take your life?"
>The hole in Hammer's argument is that the new Florida law will turn deadly >force into a justifiable option for an untrained citizenry.
Excuse me....like police are all that good. You better get to the range when police qualify...once, or at most, twice a year. Many common citizens can put them to shame in their shooting ability. Yes, I heard it from a Police Commissioner. Sorry to burst you bubble. And what about the police officer that shoots his wife or girlfriend? Training stopped that?
>Police officers get weeks of training in the use of all kinds of force, deal >much more often with pressure-packed situations and still make bad >judgments and deadly mistakes.
Now it doesn't take much to realize you are in personal danger. It really doesn't take weeks or months of training.
>Remember the Malice Green case in Detroit? Or Amadou Diallo, the 22-year->old man who died when four New York City police officers fired 41 shots at >him as he reached into his pocket for ... his wallet?
Now how would you know for what he was reaching in a situation like that? Police are taught to fire until the threat no longer exists. I don't know the case of which you are speaking, but I would guess the person was told to "freeze" and reached for his wallet to show his identity which was contrary to orders and a deadly mistake in this instance. That's what they learned in training and that's what they did. Are non-police citizens not able to protect themselves? Sounds like you don't think they should.
>What a nightmare Florida could have on its hands after empowering victims >of road rage, robbery or domestic disputes to make instant life-and-death >decisions. It's the sort of insanity that makes one cherish the miles >separating us from them.
This is the same doom and gloom argument that was used when the idea of CCW licenses were proposed. It hasn't happened and I venture to say that will not change with this new change in the law. But you would propose we err on the side of the criminal?
>But hold up.
>Michiganders ought not feel so comfortable so quickly, especially the >thousands of them who spend some part of the winter living down there.
>The obvious reason: Anyone who values human life should find a big problem >with government-approved retaliation.
>Hammer says that's knee-jerk rhetoric: "Folks never seem to give honest, >law abiding citizens the credit they deserve."
>Maybe.
>But she also concedes a day will probably come when someone twists a >claim of self-defense to justify violence.
>Write that off as Florida's problem, if you want. But be forewarned: The NRA >is already eyeing other states for similar efforts. Michigan does have >a "castle exception," a common law doctrine that allows citizens to use >force when attacked inside their homes. But other incidents of self-defense >claims are examined on a case-by-case basis.
>The idea that any state would sanction near carte blanche use of self->defense when violence is already so much a part of American culture, >particularly in Detroit, strikes Wayne County Prosecutor Kym Worthy as >irresponsible.
>"The bill assumes that everyone is reasonable and rational. Let's just say >someone acts with this law as a defense and the 4-year-old in the yard or >the 90-year-old walking down the street gets hit," she says. "A bullet has >no name on it. How do you control that?"
>You can't control it, or the double message it would send to children who >are told, day in and day out, to say no to violence.
You're right, a bullet has no name on it. If one chooses to defend himself by firing a weapon, they should be pretty darn sure the target gets the bullet. That is why many who have a CCW license know the best ammunition to use for self defense and load their weapon accordingly.
>State legislatures in this country ought to remember that fact when the >NRA comes lobbying.
>This isn't about attacking or restricting an individual's right to own a gun >responsibly. In states where gun laws have been relaxed, statistics have >yet to show a correlation between legal gun ownership and violence.
>On that score, the nation has been lucky. But why should government push >that luck and encourage people to mete out their own justice?
Lucky...don't think so. Again check the studies. Good, solid citizens that have taken time to get a CCW are some of the best citizens this county has. I wish you would have done more research before writing this editorial.
>No doubt, our flawed justice system lets some awful people off the hook too >easily. But better to gamble on that system than a legal trend that could >easily become a quick-draw excuse for more violence in America.
Uhm.... So you're standing in a 7/11 and a criminal element comes in for a robbery. The clerk starts to retreat rather than be shot. The bad guy starts to shoot and you're standing next to a CCW holder. At least you'll have a chance of being protected and not shot in the back as you retreat.
Nichole,
Carrying a weapon is not for everyone. Using deadly force to protect themselves is not for everyone. You may choose to endure great physical harm or death as your only option as you are retreating. But please, become better educated on the subject. Take the CCW class. Hang around a range as you see folks practice what they have learned. Take a community police sponsored self-defense class. Know that the confidence in what you have learned will allow you to the best of your ability, make the split second decision. Learn that police are trained that they should not allow a threat to come within 21 feet of them before using force as necessary.
Many LEOs spend their whole career on without ever having to draw, let alone use their weapon, although in recent years they are taught to draw more quickly than in the past. Owning and being able to protect themselves with a weapon is not for everyone. And it bears a humongous responsibility. But until you become more knowledgeable by taking classes and seeing CCW holders mind sets, please don't bad mouth or make them to be the villains as you have done in your editorial. Become educated on a subject and not just shoot (no pun intended) from your gut feeling which could be erroneous.
Jon Zurell