Florida new gun law unconstitutional

[iceman_419]

There is no way in hell a judge would let this law go, because it puts the entire population of florida in danger. This law clearly violates the constitution as citizens have the right to safety and freedom from danger. They do not have the right to shoot or stab (WTF?) anyone like in the wild west, and I thought we would have stopped that thinking by now. All those DUrs who live in Florida should feel scared and this law should be challanged ASAP. You can get an injunction against it so it couldn't be enforced and then it would be found unconstitutional. This law must be killed as it is a danger to any thinking society.

[lala_rawraw]

1. It passed, so no we wait for a test trial

What I cannot understand is the reason for this, unless Jeb wants to arm his foot soldiers. I am scared and have been screaming about this secret passing of a bill, no one probably read, as pure destruction.

[Animy44]

2. I'm a Florida DUr that's very

concerned about this law. I'm an RN and most of the staff at the hospital where I work are appalled by this. But, none of us have any experience with the law and don't really know how or who to approach to complain or protest about it. I realize that makes us sound like idiots but it's the truth, if this was a health care related issue we'd know what to do, but we're out of our element. Any advice would be greatly appreciated. Thanks in advance.

[nickgutierrez]

4. The ACLU is generally a good start

This law scares the hell out of me as well. Not only because I'm from Florida originally, but because of the precedent it sets for the right to safety in every other state in the nation.

[Old and In the Way]

6. Welcome aboard!

I think you'll be in for lots of overtime. I can envision a scenario where a stadium filled with beer drinking, sun burnt people are suddenly confronted with gunshots. Between the stampede and the anarchy produced by 50,000 drawn guns, I can see the makings of a real life horror show.

[Godai Kyoko]

3. how so?

What section, provision, whatever does it violate? It may violate the rules of good sense, but that dosn't make it unconstitutional. If that were the standard half the laws passed these days would fail to pass muster.

This is a law that the NRA may beg to have repealed in three or four years.

There will still be inquests after any shooting. The cops will still look very carefully at the circumstances.

I don't even see how this law could get before a judge.

[Old and In the Way]

5. No more family trips to Florida for us.

I refuse to step foot in that State with these kind of gun laws.

Who benefits? The gun companies. Everyone who normally wouldn't own/carry a gun will feel compelled to buy a gun to protect themselves. Watch the gun related deaths/injuries statistics jump in Florida. I really think this will ultimately serve the case for handgun control; sad that Florida citizens must be the control group to prove this out.

[Pockets]

8. Who would want to enter a con's home anyway?

Excuse my forwardness since I'm new here, but this law only applies to people in their homes, cars, and places of business. It seems reasonable to me. Who would want to enter a con's home anyway. Probably just other cons, so they'd just be threatening themselves.

I hate guns and all unnecessary violence, but I accept the 2nd Amendment, and guns as a necessary evil in a free country.

[Old and In the Way]

9. Well, living up here in Maine, Florida was a nice break from winter.

We used to do Disney/Red Sox trip every couple of years when the kids were growing up.

My understanding of the bill is it allows the use of guns in public to protect against threats. What constitutes a threat? I'd say that'll be in the eyes of the beholder.

A simple law, really. But one that's going to be costing the taxpayers of Florida a lot of money and anguish....lawsuits, litigation, healthcare,etc.

And, BTW, I don't buy into that redstate/bluestate media contrived label. That's a nice lie to pretend that the Republicans have a lot more support than they really do.

On edit: I misread your comment on the "con's home", so disregard my comment on redsate/bluestate....welcome abord, too!

[Catt03]

7. I think one way to fight it is to

encourage companies to relocate; employees to refuse to move here all on the family values issue. Do you want your family to be in this environment? Can you protect your children and spouse from reactive anger?

Remember.....the law is STAND YOUR GROUND. That means no communication, no protection your life at all costs, no moral or value reflection...just shoot.

[Wonco_the_Sane]

10. Anyone got a link to the law...

... as written??

I have no problem with lethal force used against rapist or muggers but is this some kind of blank slate to go after any threat? (road rage, line jumpers) LOL

I hope not and am four square against it if that's the case. (4 square against...is that a thing?)

[Robin Hood]

11. Stop drinking Florida orange juice.

Hit them in the wallet.

[Leilani]

12. For the non-Floridians

It might be nice if you could share details of the bill.

[Wonco_the_Sane]

13. I'd like that too

googled this from "The Australian" but haven't found the language of the bill.

The bill won final approval in the lower house on Tuesday by a 94-20 vote. Two weeks ago it passed the Senate 39-0. It is due to come into law on October 1.

The bill wipes from law what had been commonly described as a person's "duty to retreat" from an attack and will instead allow that person to stand their ground without fear of criminal prosecution or a civil lawsuit.

It is an extension of the so-called Castle doctrine, in which current law allows the people of Florida to defend themselves with force inside their homes or vehicles, but not usually in public places without first attempting to back away.

"This is about meeting force with force," said Dennis Baxley, a Republican state representative and NRA member. "I'm sorry, but if I'm attacked, I shouldn't have a duty to retreat. That's a good way to get shot in the back.

"You are empowering our citizens of Florida to have a safer society. Some violent rape will not occur because somebody felt empowered by this bill."

[starwolf]

14. Not sure what your issue is

There is no constitutional issue here that I can see. As I understand it, in certain places (like your home), it removes any requirement to retreat and allows the use of deadly force.

The "must retreat" issue has been abused by over zealous prosecutors in the past. I also don't agree with it. Break in my house you may well get slain. If burglar does not like that, perhaps they should consider a different line of work.

[adwon]

15. It's not unconstitutional

The primary point of this law is explicitly extend the right of self-defense to outside the house and to cars. This was probably not a necessary law, since people have the right to respond with deadly force in self-defense if they are threatened with deadly force.

The only questionable provision of this law is the language extending the privilege to the prevention of 'forcible felonies.' Precisely which felonies are not enumerated and will need to be defined by the courts.