Florida Alert! - Court May Review "Stand Your Ground" !!!

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Thread: Florida Alert! - Court May Review "Stand Your Ground" !!!

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    Distinguished Member Array Tally XD's Avatar
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    Florida Alert! - Court May Review "Stand Your Ground" !!!

    Due to a recent case here in Leon County where a shootout resulted in a man going to jail and then recently released due to the "Stand your ground" law, the Florida court may review the the "Stand Your Ground" law itself.

    This may affect Florida self defense!!! Stay alert here!

    Suspects Claim Self Defense in Deadly Shootout: UPDATE

    Quote Originally Posted by WCTV News
    At 3:15 Monday afternoon, Andrae Tyler was dressed in his jail blues.

    15 minutes later he was a free man.

    I kept my faith and God has blessed with this day to be released," says Andrae Tyler.

    The 24-year-old had no idea he was about to be granted his freedom after Judge Terry Lewis dropped manslaughter charges Monday, saying he exercised his right to self defense under Florida's Stand Your Ground law.

    Florida State Attorney Willie Meggs agrees with the judge's interpretation of the law applying to this case, but says the ramifications of what this means can be detrimental to Florida's streets.

    "Basically this law has put us in the posture that our citizens can go out into the streets and have a gun fight and the dead person is buried and the survivor of the gun fight is immune from prosecution," says Florida State Attorney, Willie Meggs.
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    Member Array Madeyefergy's Avatar
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    "Basically this law has put us in the posture that our citizens can go out into the streets and have a gun fight and the dead person is buried and the survivor of the gun fight is immune from prosecution," says Florida State Attorney, Willie Meggs.
    So the guy should flee or just stand there and allow himself to be attacked. Even the State Attorney agrees. So why was he even charged!!!
    The fear of the LORD is the beginning of wisdom: Psalm 111:10

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    Distinguished Member Array Tally XD's Avatar
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    Quote Originally Posted by Madeyefergy View Post
    So the guy should flee or just stand there and allow himself to be attacked. Even the State Attorney agrees. So why was he even charged!!!

    Well, that is sort of the kicker in this scenario and is why I posted a link to the story.

    The "victim" was charged and prosecuted because he was involved in a gang shootout. He was involved in criminal activity at the time of his "self defense" act.

    This, however, has led to the comment made by Meggs, Florida State Attorney.
    I am consistently on record and will continue to be on record as opposing concealed carry.
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    Quote Originally Posted by Tally XD View Post
    Well, that is sort of the kicker in this scenario and is why I posted a link to the story.

    The "victim" was charged and prosecuted because he was involved in a gang shootout. He was involved in criminal activity at the time of his "self defense" act.

    This, however, has led to the comment made by Meggs, Florida State Attorney.
    Alabama has "stand your ground" laws as well, but if you are in the process of committing a criminal act, you void your claim on that account.
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    I don't think this guy is off the hook yet by any means if he (allegedly) was in the act of committing a crime.
    So many details of the incident missing that it's impossible to make a judgement. We'll see. It really sounds like an individual case rather than a challenge against "stand your ground."
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    Distinguished Member Array Tally XD's Avatar
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    Quote Originally Posted by OldVet View Post
    I don't think this guy is off the hook yet by any means if he (allegedly) was in the act of committing a crime.
    So many details of the incident missing that it's impossible to make a judgement. We'll see. It really sounds like an individual case rather than a challenge against "stand your ground."
    I don't think he can be charged again. He was charged, convicted and then released.

    What this is coming down too is a "loophole" type situation with Florida Stand Your Ground Law. Trying to close the "loophole" may affect the rights of all citizens of Florida.

    I feel he should never have been able to use the "Stand Your Ground" defense as he was already involved in the criminal act.
    I am consistently on record and will continue to be on record as opposing concealed carry.
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    VIP Member Array Eagleks's Avatar
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    Quote Originally Posted by MSteve View Post
    Alabama has "stand your ground" laws as well, but if you are in the process of committing a criminal act, you void your claim on that account.
    Yep, same here..... as well as if they provoke the situation, then there is no right to claim self-defense. So, if they start a fight with someone and then that person goes for a gun, and the first person shoots them in self-defense.... too bad, they will be gone for a long time as they will not be allowed to proclaim self-defense... since they are the one who provoked / initiated it.

    Sounds like Florida should NOT abandon their law, just refine it a bit.

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    Member Array JungleJim's Avatar
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    I would also like to know if he has any criminal history that would preclude him from having a firearm

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    The whole issue of provocation is tricky.

    If someone picks a fistfight then he can't claim self defense for getting into a fight.

    IF, OTOH, someone picks a fistfight and the other guy brings a gun, then the provocateur has every legal right to arm himself similarly and CAN claim self-defense.

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    It is amazing how common sense evades the political and judicial system, simply amazing!

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