Danny McAuliffe
A Democratic state lawmaker is again attempting to eliminate Florida’s controversial “stand your ground” defense.
Sen. Shevrin Jones filed legislation that would alter the self-defense landscape in Florida. The bill targets an oft-criticized state law that came under the national spotlight before and after the failed prosecution of George Zimmerman, who in 2012 fatally shot Trayvon Martin, an unarmed Black teenager.
It’s not the first time Jones, a West Park Democrat, has tried to overhaul Florida’s self-defense laws. His previous attempts haven’t been successful, and that’s unlikely to change this year. The GOP majority makeup of the Legislature remains the same, and Republicans have bolstered — not weakened — the “stand your ground” defense in recent years.
Jones’ bill (SB 96) removes statutory language allowing someone “to stand his or her ground” and replaces it with a duty to retreat from confrontation “if the person knows that he or she can, with complete safety, avoid the necessity of using deadly force.”
The bill would not prevent people from using deadly force in all cases, however. It leaves untouched Florida laws justifying the use of deadly force when someone “reasonably” believes it’s necessary to prevent “imminent death or great bodily harm” or “the imminent commission of a forcible felony.”
Zimmerman’s lawyers did not invoke the “stand your ground” defense during his trial. But the law — then only eight years old — was a focal point of the coverage.
Local police, for example, cited self-defense laws in explaining their decision not to charge Zimmerman, and it wasn’t until then-Gov. Rick Scott appointed a special prosecutor that charges were brought against Zimmerman. Zimmerman was probably aware of Florida’s self-defense laws and was acting as a self-appointed neighborhood vigilante when he killed Martin.
A similar pattern plagued the 2018 killing of Markeis McGlockton, then a 28-year-old unarmed Black man. Citing Florida’s “stand your ground” laws, Pinellas County Sheriff Bob Gualtieri elected to not bring charges against the killer, Michael Drejka. Then-State Attorney Bernie McCabe eventually recommended prosecution, and Drejka was convicted for manslaughter.
One legal expert suggested to Florida Politics that the bill would have a straightforward effect in Florida if it became law.
“It’s a wonderful bill and would reduce the number of people dying unnecessarily in this state,” University of Florida Law professor Kenneth Nunn said. “I have no idea of the chances such a bill would pass, but it would certainly reduce the number of individuals dying from gun violence.”
According to the National Conference of State Legislatures, 28 states have eliminated the common-law duty to retreat from confrontation. At least 10 of those states, including Florida, explicitly recognize the right of a person to “stand his or her ground.”
The legislation is unlikely to get real traction in the Republican-controlled Legislature. The stand-your-ground language, which became law in 2005, was the result of the National Rifle Association’s lobbying efforts, still very much a presence in Tallahassee.
In 2017, the Republican-controlled Legislature passed and then-Gov. Scott signed a measure that made it more difficult for prosecutors to convict those claiming the defense. Gov. Ron DeSantis, whose veto power means he has the final say on any legislation, also is unlikely to support such a measure. He’s a self-defense enthusiast who’s gone as far as calling those who invoke it “Good Samaritans.”
13 comments
Margaret
October 5, 2023 at 1:45 pm
Since that law was passed, there has been an increase in road rage incidents, door bell incidents, and simple arguments which in the past would have resulted in some passing insults but no shootings.
We are living in a time that is characterized by a lot of people who get riled up over nothing partly because of extremist rhetoric coming from politicians and, particularly, the example set by the former president, Trump.
It’s time to put guns where they belong, locked up and inaccessible except for an emergency, instead of retribution for some alleged insult.
Richard Russell
October 9, 2023 at 5:06 pm
From what do you source your information and if so, did you verify all involved were legal conceal carry persons, or just more brazen dirtbags. How are you going to lock up the dirtbag (illegals) guns???
Earl Pitts "Dook 4 Brains Leftist Expert" American
October 5, 2023 at 2:14 pm
Good afternoon America,
Wow Americans now this is unprecidented:
A Dook 4 Brains Leftist politician coming up with a proposal for some Dook 4 Brains Leftist Legislation.
I, Earl Pitts American, never thought any of us could possably live long enough to see something unprecidented like this happen ever.
Welcome to the future America,
Earl Pitts “Professor Im Dook 4 Brains Leftist Studies” American
JD
October 5, 2023 at 2:57 pm
Wait until someone “stands their ground” against Earl Shitts for threats from brain cell annihilation due to sheer idiocy.
Earl Pitts "Dook 4 Brains Leftist Expert" American
October 5, 2023 at 4:37 pm
FYI there is a section in Florida’s Administrative Code that prohibits anyone from shooting me, Earl Pitts American, so smarty pants, even if y’all wanted to go to ☆EII for shooting me you cant.
I, Earl Pitts American Win Again. Chalk one up for The Good Guys America,
EPA
Sonja Fitch
October 5, 2023 at 2:19 pm
Stand your ground that gun stand your gun is a liability to others!
Richard Russell
October 9, 2023 at 5:10 pm
The “others” are the dirtbags you refer cannot qualify for a legal concealed carry license.
Haters in Florida
October 6, 2023 at 8:55 am
Floriduh…where white nationalists think the way to solve problems is to shoot anyone they disagree with. If I am right DeathSantis wants to shoot anyone trying to seek asylum, sex offenders, and drug addicts. Press charges against health care providers helping women in need of abortions will be next up to get shot ! Extremism and hate wins
Earl Pitts "Dook 4 Brains Leftist Expert" American
October 6, 2023 at 9:10 am
Good mornting Haters,
I, Earl Pitts American, will pray for all the mind-altering “Dook” to be driven from your (and those like you) tortured brains, pushed down your spinal cord, and to finally be expelled by your tater hole. So once again you (and those like you) will be able to join The American Patriots in expelling the cancer of Dook 4 Brains Leftism from Out Great Nation.
EPA
* America, if you have any Dook 4 Brains Lefty’s that you give a-rats-@55 about – the above prayer will work wonders in bringing them back into polite society*
Richard Russell
October 9, 2023 at 5:14 pm
White Nationalist? As a firm believer in the Constitution and Bill of Rights, I do not hate you or anyone, irrespective of your I.Q. Racism is the bane of your existence – so sorry you feel that way!
maritza
October 8, 2023 at 9:54 am
It is long past time to require those running for political office to take an IQ test, Jones certainly would not pass.
Richard Russell
October 9, 2023 at 5:04 pm
A good guy with a gun may save you from a dirtbag with a gun. Take away the gun from the good guy, will only empower more dirtbags to maim and kill good people. Cops only arrive in time to write up the incident report. Dead is dead, no cop will arrive in time to stop most murders.
Steven M. Harris
October 10, 2023 at 4:02 pm
Misstates the law. Both the senator and the writer are mostly clueless about the origins of Stand Your Ground and the effect thereof. And the effect of the proposed legislation.
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