The NRA Literally Wrote Florida's New Bill to Legalize Warning Shots

[onehandle]

Source: Gawker

[IMG][/IMG]

Despite years of negative publicity over Florida's "Stand Your Ground" self-defense law, lawmakers are close to expanding it to protect gunmen who fire warning shots or wave weapons in a threatening manner—and they're doing it with a bill written by a top NRA lobbyist, Gawker has learned.

The bill is sponsored chiefly by two National Rifle Association members, Republicans Sen. Greg Evers and Rep. Neil Combee, with a longstanding history of support for the gun lobby. But they did not write the bill, one of the legislators told Gawker in an interview: That honor fell to former NRA president and current gun lobbyist Marion Hammer.

That revelation is just the latest chapter in Hammer's nearly four-decade NRA career, marked by ever-expanding pro-gun laws in Florida that become model legislation for other states. She was instrumental in the state becoming the first to issue across-the-board concealed weapons permits to residents in the '80s, and she almost singlehandedly created Stand Your Ground in 2005 in similar fashion, feeding language for the bill to its two sponsors—one of whom was Evers' immediate predecessor in the Senate.

Now, she's put her imprint on a bill that would allow Floridians to openly brandish guns for the first time, and could lead to more permissive open-carry laws or lighter requirements for licensing in the future.

Read more: http://gawker.com/the-nra-literally-wrote-floridas-new-bill-to-legalize-1503180083

[billh58]

1. The very best

legislation that blood money can buy.

[Judi Lynn]

2. Legislation forged in the bowels of hell. Pure filth. Going backwards full throttle. n/t

[underpants]

3. Who was the inspiration for this, Yosemite Sam?

Blam! Blam!

[davidthegnome]

9. Okay, that cracked me up.

I expect there's a lot of people here who don't know, or remember, who Yosemite Sam is... but that was good.

Thanks, I needed something to laugh about.

[Dr. Strange]

19. Marissa Alexander?

http://www.hlntv.com/article/2013/07/19/marissa-alexander-florida-10-20-life-laws

She originally faced 10-20 because of firing a warning shot.

[underpants]

21. I doubt it. Not exactly their "demographic".

Just sayin

[ManiacJoe]

23. One of her problems was that it was not a warning shot.

[Eleanors38]

29. Warning shot? Her shot was in unprovoked anger.

[RC]

27. No one that sane and safety conscience.

[exboyfil]

4. You pull a gun

you are an immediate candidate for a SYG defense against you. Who can draw quicker. Wild Bill Hickock where are you when we need you.

[phantom power]

7. yeah I'm curious how this is supposed to work

on the one hand, "brandishing a gun" is generally considered to be a fucking textbook "threatening behavior." So, suppose this bill becomes law. Now, some yo-yo brandishes his gun, and another yo-yo pulls his gun and shoots the first guy.

Who broke the law?

It can't be the first guy, if its legal to brandish his weapon. But it isn't the 2nd guy either, because frankly brandishing a weapon is legitimately threatening behavior, which means he had the right to shoot the first guy.

Nobody broke the law, but two guns have been pulled, and at least one was fired, and at least one guy is now dead.

Winning!

[Fla Dem]

10. We can only hope they somehow shoot each other. Two less gun wackos.

That's one way to reduce the number of them in Florida.

[asjr]

5. Sick, just sick!

[JustABozoOnThisBus]

6. A special-interest group lobbyist wrote the language of a bill?

I'm shocked!

[red dog 1]

8. K&R.........Thanks for posting this, onehandle

When assholes are outlawed, only outlaws will have assholes!

[Kablooie]

11. I'm waiting until they propose that if you use a gun, you're free to go.

Using a gun in any fashion will be automatic immunity from any kind of prosecution.

[truthisfreedom]

12. The nra wants the Hollywood version of the wild west

And it wants it everywhere. Gun companies make money from selling more guns to protect ourselves from the gun nuts hiding behind these gundamentalist laws.

[SoapBox]

13. Fuck this Terrorist Organization.

[marble falls]

14. The challenge to the NRA: Make a dumb law dumber. They nailed it.

[blkmusclmachine]

15. Never going back to FL. What other states have SYG? Need to know where I'm never going again.

And, may I recommend to everyone, never spending money on businesses from any of the SYG states.

[billh58]

16. +100

Right there with you...

[gejohnston]

26. just the ones that are SYG by statute or also by common law?

If so, that is 33 states if you don't count Wyoming, which is case by case. Since federal law is SYG, common law dating back to Beard v. U.S. Those states include California, Illinois, Washington.

[Hoyt]

31. Good to know when/where you can shoot someone with impunity.

I think they spend a good bit of time on that in self-defense classes, so one will not miss an opportunity to use gun "skills."

[ThoughtCriminal]

17. Not content to get ideas from ALEC and the NRA

the next wave of conservative ideas will come from straight from "The Onion"

http://www.theonion.com/video/new-law-legalizes-brandishing-guns-at-head-level-s,26085/

[ileus]

18. If you have time to think about shooting it's not needed...

If there's time to waste on a warning shot, you're not really in danger.

[X_Digger]

20. Funny, some were hopping mad that Marissa Alexander faced time for a warning shot.

Now? Oh mah gawd, warning shots BAD! Get your story straight, why don'tcha?

[hack89]

22. Marissa Alexander could have used this law. Nt

[ManiacJoe]

24. Link to the bill details:

http://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=51209&

At a quick read, this seems to be a rather poor idea being poorly implemented.

[gejohnston]

25. he got everything wrong

The bill is supported by Families Against Mandatory Minimums not the NRA. While it might be true that those who introduced it might be NRA members, which has nothing to do with the NRA per se. Given the amount of research he put in this article, not much, I kind of doubt it.

Now, she's put her imprint on a bill that would allow Floridians to openly brandish guns for the first time, and could lead to more permissive open-carry laws or lighter requirements for licensing in the future.

no it won't. It simply changes “use of force” with the phrase “use or threat of force” in existing self defense law. It simply codifies and clarifies existing common law in Florida. The problem is that there is a small number of overly aggressive prosecutors, and judges have allowed it, ignore Florida common law and concluded that self defense applies only to the use of defensive force, not the threat of defensive force.

IOW, there have been cases where the defender only had to aim the weapon in an otherwise defensive measure or fire a warning shot have found themselves being prosecuted under Florida's mandatory minimum

That revelation is just the latest chapter in Hammer's nearly four-decade NRA career, marked by ever-expanding pro-gun laws in Florida that become model legislation for other states. She was instrumental in the state becoming the first to issue across-the-board concealed weapons permits to residents in the '80s, and she almost singlehandedly created Stand Your Ground in 2005 in similar fashion, feeding language for the bill to its two sponsors—one of whom was Evers' immediate predecessor in the Senate.

Stand Your Ground has existed in the US either by statute or common law in the US since at least the Progressive Era. That is certainly true with California, Illinois, Washington, and the federal level.
It will not legalize open carry in Florida, banned in 1893 because it was common for African American migrant workers to open carry pistols and it freaked out some white people.

http://thegrio.com/2013/10/21/marissa-alexander-case-inspires-floridians-to-fight-mandatory-minimum-sentences/

What amazes me is how anyone could write based on false assumption and "make shit up" and still call themselves a journalist. Oh wait we are talking about Gawker, the online National Enquirer.

[Eleanors38]

28. Not much specificity in this "article." How does the law allow "brandishing?"

If someone is sufficiently threatened (a matter for LEO investigation) to display a firearm, then that act is not brandishing. If someone is sufficiently threatened (a matter for LEO investigation) to fire a gun at the threat, how is it a crime to fire a "warning shot," presumably a less violent self-defense act?

Self-defense experts often warn against firing warning shots, and instead counsel shooting at the threat, but in the real world many people display the arm and fire warning shots.

From what I've read, the liabilities for damages & injuries for taking warning shots are not removed by this legislation, nor is one protected when aggressively shooting at someone and missing, but coming close to kids in the other room. Again, a matter for LEO investigation.

The worst I see in this legislation is its possible lack of necessity.

[fredamae]

30. Well, are we supposed

to now respond directly to Corporate with objections, ideas, support and complaints? We could save a Whole lot of money - cuz apparently, we no longer need any state or federal elected officials. Why bother? They serve no purpose if all they're gonna do is what Corporate wants them to do--why PAY annual salaries--cut out the legislative middle-person--have corp deliver legislation right to the govs office for signature--but wait--do we even need governors anymore? Or State Ag's? They all do the bidding of corp--bypass, amend, repeal state laws-constitutions are challenged and over-ridden every day--so why not just have corp Presidents write/sign/implement new laws?
Think about the Billions More for the Wealthy if they Didn't have to pay the "Peoples Elected Public Servants" anymore--eh?

(cynical sarcasm)

[Eleanors38]

32. We live in a corporate state, which is why this country is in the fog

of a quasi-democracy. Unfortunately, what went on with this legislation happens many, many times ever day in legislatures, council chambers and the Congress of the nation. Ironically, if legislators did the bulk of work on laws, we truly would have more limited government.

[Doctor_J]

34. If you do you'll be arrested. As Hartmann often points out,

this is a major problem with giving the government to private entities. You are entitled by law to protest your representative. If you do that to a corporation head you are guilty of trespassing, stalking, and so on.

[Doctor_J]

33. Unfortunately this is nothing new

The insurance lobby wrote Romneycare/Obamacare, oil and coal companies are writing environmental laws, and some other examples. Our democracy is seriously broken.

[fredamae]

35. Oh, yes---ALEC

ALEC has at least one member/candidate here, in Oregon running Against (Dem) Sen Merkley.
And (if memory serves) simultaneously running against our (Dem) SoS...

I surely don't have any answers-yes, It's Been going on--but far too many still don't see it--in part because they're trying to Survive the very consequences delivered to us by these "people" and don't have time, frankly or the means to learn about it. Many are surviving in their cars....No cable, no on-line resources etc-that costs money. In many instances, even if one Can afford, channel options are not there and "Liberal Radio Talk Shows" access are virtually gone from the west coast....and elsewhere.

That's correct--being Arrested for addressing corps directly, Good point--

[Doctor_J]

36. yup

even calling the US a representative democracy at this point is horribly misleading.

[fredamae]

37. Yes-Yet we still hang on

to the "dangling carrot" always just out of reach for most--and If we're lucky enough-we get close enough to actually grab it? Sadly we quickly learn, we've been teased with a "carrot-like hologram"-what we've long believed Is reality-isn't any longer.