"Stand Your Ground law saved my life"

"Stand Your Ground law saved my life"

This is a discussion on "Stand Your Ground law saved my life" within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; Florida Jury deliberated 3 minutes... Not guilty. Story here: http://www.actionnewsjax.com/content...fF-7g8iOQ.cspx This is not an attack on SYG, so I don't think it belongs in the ...

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  1. #1
    VIP Member Array oakchas's Avatar
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    "Stand Your Ground law saved my life"

    Florida Jury deliberated 3 minutes... Not guilty.

    Story here: http://www.actionnewsjax.com/content...fF-7g8iOQ.cspx

    This is not an attack on SYG, so I don't think it belongs in the other thread, but mods: move it if you wanna.

    And, it appears to be a real SYG case, though self defense is mentioned...


    Yeah, I got tapatalk, too. So what?
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  2. #2
    VIP Member Array searcher 45's Avatar
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    Good for SYG laws!!!!!!!!!!
    NOT LIVING IN FEAR, JUST READY!!!
    I do not love the bright sword for its sharpness,
    nor the arrow for its swiftness,
    nor the warrior for his glory.
    I love only that which they defend.
    -J.R.R. Tolkien

  3. #3
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    Nice post-nice result.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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    VIP Member Array ccw9mm's Avatar
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    Strange. If it was so crystal clear to twelve "peers," then why on earth couldn't the DA have understood it as well, at the point when charges were being considered? It's not as though the SYG statute is that unclear.
    bigmacque, Hopyard and Tzadik like this.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  5. #5
    KoB
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    Been to the Pier several times...surprised you brought you "heater" to the Pier...you just not have been patronizing any drinking establishments....glad it worked out for you....

    KMB, I

  6. #6
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    Re SYG laws, there is so much hype and so much misinformation bandied about by the news media.

    When I took my LFI-1 course in the early 90's, Massachusetts law still required that a homeowner had a duty to retreat if he was attacked in his own home - there was NO affirmative defense for the use of deadly force within your own domicile. (Mas lived in NH and was familiar with laws in the northeastern states; I was a MA property owner, so I took note.) Correcting the unbalance of that kind of misguided law is what SYG laws are all about. Sadly, the ignoramuses blabbing on TV seem (as well as some legislators) seem to think SYG/castle doctrine laws are "vigilante empowerment" laws.
    RETSUPT99, NONAME762 and wmhawth like this.
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  7. #7
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by KoB View Post
    Been to the Pier several times...surprised you brought you "heater" to the Pier...you just not have been patronizing any drinking establishments....glad it worked out for you....
    Quote Originally Posted by From the article
    The charge stemmed from a May 2011 confrontation in the parking lot of the Jacksonville Beach Pier. A local man was left beaten and bloody after a fist fight.

    "My client was simply trying to get through the parking lot. He was viciously attacked by the alleged victim," he said.
    Looks like he realized what most of us already know: violent crime can spring up anytime, anywhere.

    A "pier" seems like a nice little cul-de-sac from which there is little chance of escape from assailants, short of jumping into the ocean. That mere fact might well embolden some of the more-brazen sorts. And, as with any other venue of the sort, it can attract a younger, more-athletic, more-hormonal type of visitor than some venues might otherwise tend to do. Ya never know.
    awoodpd13 and Oldpsufan like this.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  8. #8
    Distinguished Member Array noway2's Avatar
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    Quote Originally Posted by gasmitty View Post
    law still required that a homeowner had a duty to retreat if he was attacked in his own home - there was NO affirmative defense for the use of deadly force within your own domicile. Correcting the unbalance of that kind of misguided law is what SYG laws are all about.
    In a discussion elsewhere, the question was raised as to how, or rather why, the Castle Doctrine, and SYG laws came about. Does anyone know of any critical, turning point, court cases or incidents that can be attributed to bringing about the change? I think that there would have to have been some sort of problem otherwise the long standing duty to retreat statutes would never have been questioned.

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    Distinguished Member Array bigmacque's Avatar
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    ccw9's comment is the real deal .... with a case this clear, why did the DA prosecute it anyway? Unless maybe he's pro-gun and wanted to make a point. This guy should not have been on trial IMO.
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  10. #10
    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by bigmacque View Post
    with a case this clear, why did the DA prosecute it anyway? Unless maybe he's pro-gun and wanted to make a point. This guy should not have been on trial IMO.
    IIRC, there are a handful of states where claimed affirmative defenses are, if acquitted of all charges, compensated for attorney's fees and court costs. Though it doesn't recompense someone for the lost time, damage to reputation, potential lost employment, lost respect in the eyes of those who'll always wonder, and all the rest.

    In such a clear case as this one appears to be, it might well just be the typical case of being the one left standing, in a county with a zealot DA who dislikes people "taking the law into their own hands" ... even those who are bloodied and left for dead in the gutter.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, SAF, GOA, OFF, ACLDN.

  11. #11
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    Quote Originally Posted by ccw9mm View Post
    IIRC, there are a handful of states where claimed affirmative defenses are, if acquitted of all charges, compensated for attorney's fees and court costs. Though it doesn't recompense someone for the lost time, damage to reputation, potential lost employment, lost respect in the eyes of those who'll always wonder, and all the rest.

    In such a clear case as this one appears to be, it might well just be the typical case of being the one left standing, in a county with a zealot DA who dislikes people "taking the law into their own hands" ... even those who are bloodied and left for dead in the gutter.
    I have a slightly different take on why a straight forward case as this gets prosecuted. The DA doesn't want
    to take responsibility for the outcome and get accused during his next campaign of failure to prosecute. It is safer
    to bring it to trial and let the blame go somewhere else. In states which use a Grand Jury the DA can use the GJ
    to no-bill and that protects him. At election time he tells everyone, "I brought that shooting to the GJ and they no
    billed it. Never mind that I can indict a ham sandwich, your peers didn't think there was a case."

    Lots of states somehow sidestep the need for a GJ and the responsibility falls on the DA; his safest course
    is to let it go to trial. Its the legal equivalent of "shoot 'em all and let G-d sort 'em out."
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

  12. #12
    Member Array Bassindude's Avatar
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    It sems a bit odd that the guy would allow himseld to be beaten bloody and then pull his gun. Not many details in the article, but that is how it reads. Jim
    1911 responds much quicker than 911

  13. #13
    Distinguished Member Array BlackStallion29's Avatar
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    Quote Originally Posted by ccw9mm View Post
    Looks like he realized what most of us already know: violent crime can spring up anytime, anywhere.

    A "pier" seems like a nice little cul-de-sac from which there is little chance of escape from assailants, short of jumping into the ocean. That mere fact might well embolden some of the more-brazen sorts. And, as with any other venue of the sort, it can attract a younger, more-athletic, more-hormonal type of visitor than some venues might otherwise tend to do. Ya never know.
    Precisely why I carry everywhere I go. You never know what's lurking out there.
    awoodpd13 likes this.
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    Member Array CPT_Rich's Avatar
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    Confused: was the guy with a gun also the guy who got beaten down, or was he a 3rd party who saved the guy who got beaten down?

  15. #15
    Senior Member Array bklynboy's Avatar
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    Here is (believe it or not) an unbiased examination of Castle Doctrine (that also touches on SYG) from the Harvard Journal On Legislation from 2010. It does a very good job of tracing the English Common Law antecedents of Castle Doctrine, how they were adopted in the US and how Castle Doctrine was expanded outside the home into SYG laws. The author also notes that the common MSM view that Castle and SYG is a Left/Right issue is wrong. He says it is really a Libertarian/Statist issue, with the Libertarians of course favoring CL and SYG

    http://www.harvardjol.com/wp-content...07/523-554.pdf
    Last edited by bklynboy; July 27th, 2013 at 01:30 PM.
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