Florida Court Allows Felon Illegally Possessing A Firearm To Invoke Stand Your Ground

Discussion in 'Politics, Religion, Social Issues' started by rdowns, Apr 11, 2013.

  1. rdowns, Apr 11, 2013
    Last edited: Apr 11, 2013

    rdowns macrumors Penryn

    rdowns

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    Jul 11, 2003
    #1
    These laws need to be fixed.


    http://thinkprogress.org/justice/20...ng-a-firearm-to-invoke-stand-your-ground-law/
     
  2. TedM macrumors 6502

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    California
    #2
    yea they do cause that seems preposterous. Can we get a link?
     
  3. Squadleader macrumors regular

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    #3
  4. Squadleader macrumors regular

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    #5

    Only for the douches on the receiving end....Stay in NYC your much safer there...:rolleyes:
     
  5. LIVEFRMNYC macrumors 603

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    Oct 27, 2009
    #6
    Yup I sure am. :D
     
  6. edk99 macrumors 6502a

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    FL
    #7
  7. macquariumguy macrumors 6502a

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    #8
    My first thought, exactly.
     
  8. eric/ Guest

    eric/

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  9. rdowns thread starter macrumors Penryn

    rdowns

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    #10

    I'm not confusing anything. Any law that allows a drug dealer or gang banger to invoke it to avoid prosecution from their crime is a poorly written law.
     
  10. samiwas macrumors 65816

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    Atlanta, GA
    #11
    This is the part that bothers me:

    So, you attack someone or break into someone's house, they fight back, you kill them in "self-defense", you're off the hook. Sorry, but that's BS.
     
  11. prostuff1 macrumors 65816

    prostuff1

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    #12
    I don't know the law in detail but I would find it hard to believe that if someone broke into a house that the castle doctrine would go into effect. The party breaking into the house should not be able to claim self-defense as they are the ones putting themselves in "harms way" by committing the act of breaking and entering/burglary.
     
  12. rdowns thread starter macrumors Penryn

    rdowns

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    Jul 11, 2003
    #13

    Here's an extensive look

    http://www.tampabay.com/stand-your-ground-law/



    http://www.tampabay.com/news/courts...da-stand-your-ground-law-have-history/1241378
     
  13. Renzatic Suspended

    Renzatic

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    #14
    Nope, but the problem with the Stand Your Ground laws is that they're too easily abused.

    I remember reading about an incident in Texas where this guy gets a little overly pissed at his neighbors for blaring their music too loud at a barbecue, and decides to do something about it.

    In a normal situation with normal people, guy would either walk over there and demand they turn down the music. Either that, or call the cops. But nope, this guy decides to head over there brandishing a gun. Not concealed, mind you. Oh no. He walks over to the party with it in hand.

    ...which, of course, escalates the situation.

    The party goers being a drunk, rowdy bunch, get pissed at the guy for coming into their back yard with a gun, and start telling him off. They follow him out into the street, screaming at him, calling him names, and, of course, this is enough to make the guy feel threatened enough to pull the trigger. One party goer dies.

    And, of course, he invokes Stand Your Ground to get out of being charged with second degree murder.

    The problem is the guy with the gun was directly responsible for creating the situation that put him into danger in the first place. He didn't have to go over there. He knew his neighbors were a drunk bunch having a little too much fun. He should've called the cops. And even if he did feel the need to do something himself, he shouldn't have walked over there with a freaking gun in hand. Its mere visible presence would make a potentially bad situation even worse.

    I haven't followed the story since, but last I heard, he got away with it.

    That's the problem with Stand Your Ground. It enables someone with just enough knowledge of the law to orchestrate a situation that allows them to get away with murder.
     
  14. jdechko macrumors 68040

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    #15
    Though I didn't read the specifics in this case, I don't see a huge problem with allowing a felon to invoke this law, even though he wasn't legally allowed to own a gun. The law should be able to separate the two acts and prosecute accordingly. Arrest him for violation of parole (or whatever statue is applicable) for owning the firearm, but not for the murder charge.

    Also, not all felonies are violent (fraud, perjury and copyright infringement could be felonies), but anyone labeled "convicted felon" may not legally own a firearm. Though in this case, I'd imagine that the guy wasn't convicted for an offense I listed above.
     
  15. rdowns thread starter macrumors Penryn

    rdowns

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    #16

    Yes, I'm sure most of the dozens of felons mentioned in the article were copyright infringers. :rolleyes:
     
  16. thehustleman macrumors 65816

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    #17
    Stand your ground laws are the best thing to happen to this country.

    It's the misapplication that makes them appear to be a bad thing.

    The Trayvon martin situation is a misapplication of it.

    These laws don't protect you (at least they aren't supposed to) when you start the altercation. That's how the Trayvon Martin situation was misapplied.

    When you have a legitimate threat there is no logical reason you shouldn't be able to defend yourself.
     
  17. jdechko macrumors 68040

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    #18
    I'm sure they wouldn't willingly admit it. :D


    "Whatchu in for?"

    "I ran a high traffic bit torrent site."

    *Thunk*
     
  18. Mac'nCheese macrumors 68030

    Mac'nCheese

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    #19
    They are horrible laws because they are so easily misapplied. We already have laws that say you can defend yourself. Stand your ground is simply not needed.
     
  19. thehustleman macrumors 65816

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    #20
    It is, just badly worded in some states.
     
  20. Mac'nCheese macrumors 68030

    Mac'nCheese

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    #21
    That makes it a bad Law. Fix the wording (not you, of course) and make it a good law.
     
  21. thehustleman macrumors 65816

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    #22
    It's a great law in Georgia.
     
  22. Technarchy macrumors 603

    Technarchy

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    #23
    Treyvon Martin agrees, it's BS..
     
  23. thehustleman macrumors 65816

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    #24
    And that's how it's misapplied.

    Here in Georgia, if you initiate, you cannot shoot your way out of it. If you didn't initiate, and someone legitimately threatens your life, you can defend yourself with lethal force. Usually no trigger pull needed, but if it is, you have that option
     
  24. Mac'nCheese macrumors 68030

    Mac'nCheese

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    #25
    On the fence here. DO you mind telling me why you think its a great law? Why do we need this when the right to defend yourself is pretty much universal?
     

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