In a stunning display of infringement upon the Second Amendment, which we as Americans all hold dear to our heart, two judges have ruled that the increased protections to the ‘Stand Your Ground’ Law is unconstitutional.
<blockquote class="twitter-tweet" data-lang="en"><p lang="en" dir="ltr">2nd Miami judge: Stand Your Ground change unconstitutional: <a href="https://t.co/n8fE1Ug3xi">https://t.co/n8fE1Ug3xi</a></p>— NBC 6 South Florida (@nbc6) <a href="https://twitter.com/nbc6/status/896093151286263809">August 11, 2017</a></blockquote>
<script async src="//platform.twitter.com/widgets.js" charset="utf-8"></script>
This is the second judge to declare the law as broken, with the Miami judge ruling that the Florida Legislature’s decision to increase the protection of the long controversial "Stand Your Ground" self-defense law as being unconstitutional.
This week, a second judge, Miami-Dade Circuit Judge Alan Fine, issued a ruling siding with Hirsch, the first judge to push this reversal of the protections.
This new ruling only benefits the claims that the government is protecting criminals and increases the legal fight over whether lawmakers may have overstepped their authority when they revised the law which would have forced them to disprove a defendant's claim of self-defense in hearings mandated before any trial can take place.
<div style="width:100%;text-align:center;margin:0 auto;"><iframe width="360" height="202" src="https://www.youtube.com/embed/XtGOQFf9VCE" frameborder="0" allowfullscreen></iframe></div>
In example, if I shoot a criminal who's trying to break into my home, it's clearly self defense for me and my family. However, if that criminal thug was a minority the media and the civil rights groups would throw a public tantrum and ‘demand justice’.
Even though it's clearly self defense, and by Florida law it's protected under the ‘Stand Your Ground’ statutes, now I can be charged with murder for shooting that person.
That doesn't necessarily mean I'll be convicted, but it's definitely a possibility. This is a huge assault on the rights of the innocent people and their families and a major bolster to the bias criminal justice system and the criminals who attack innocent peoples.
Earlier this year Miami-Dade Circuit Judge Milton Hirsch made a ruling that lawmakers had overstepped their authority in modifying the law this year to force criminal prosecutors to disprove a defendant’s self-defense claim at a pretrial hearing.
The judge ruled that under Florida’s constitution, that change should have been drafted and approved by the Florida Supreme Court, not the Legislature.
“As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote in the 14-page order.
<div style="width:100%;text-align:center;margin:0 auto;"><iframe width="360" height="202" src="https://www.youtube.com/embed/YKHLyvdT5iE" frameborder="0" allowfullscreen></iframe></div>
The ruling was considered a victory for prosecutors, and not the people on trial, who have firmly opposed a law they believe makes it easier for defendants to get away with murder and other violent crime.
Now with Judge Fine’s agreement with the first judge it appears as if there's an assault upon liberty occurring in Florida.
If you shoot and kill someone in self defense it should absolutely be the responsibility of the prosecution and investigators before trial to prove that your intent was something other than self defense.
It's insane to suggest a person doesn't have a right to defend themselves and contrary to how the media attempts to portray these rulings that's essentially what it does.
In America, you're supposed to be innocent until proven guilty. However with the rulings of these clearly cultural marxist judges it's likely to make everyone who pulls the trigger guilty until proven innocent. It's completely absurd.
"It is unavoidably true that the Florida Constitution gives the Legislature no authority to enact legislation governing the practice or procedure in a court of law,” Fine wrote in his order. “The only such grant is to the Supreme Court."
Like Hirsch's ruling, Fine's findings are not officially binding statewide. Other trial judges across Florida can follow the law until appeals courts, and most likely the Florida Supreme Court, decide on the issue.
However it sets a dangerous precedent, and further destroys the traditional family's rights to protect their children and loved ones.
Gun rights proponents believe this makes it harder to defend themselves in a time of fear, having to worry about a murder charge when you're simply trying to protect yourself.
This is a travesty of epic proportions, and we can only hope the Supreme Court ensures that all Americans can defend their homestead or personal property including themselves without the fear of a media witch hunt that results in an unfair conviction for a crime that never occurred.
Right now liberals and marxists are applauding this ruling of unconstitutional because they literally want to take away gun rights. Do not let the media twist this with carefully premeditated and meticulous wording. This is an unspeakable horror.
"Unconstitutional" seems to be in reference to the Florida State Constitution. Perhaps consult with a lawyer, to make you sure understand what actually happened, before posting articles like this.