April
5, 2005--By an ovewhelming vote of 94 to 20, the Florida House
of Representatives passed a bill that would give potential victims
of violent crime the right to "meet force with force."
The bill, sponsored by Representative
Dennis Baxley, would eliminate the need to try to retreat before
using deadly force.
"I'm sorry, people, but if I'm attacked
I shouldn't have a duty to retreat," Representative Baxley
said. "That's a good way to get shot in the back."
Under current Florida law, use of deadly
force without retreat is justified only if a person is attacked
in his or her home or vehicle.
Representative Baxley's bill allows for
citizens to use deadly force without the duty to retreat no matter
where the confrontation occurs, and without fear of prosecution
or liability if that use is justified.
The threshold for the use of deadly force
varies greatly by state. Many states employ what is commonly referred
to as a "reasonable man" test, meaning that use of deadly
force is justified if a reasonable person would conclude that
his life or the life of others was in jeopardy.
In Texas, on the other hand, it is legal
to use deadly force to defend property, or if a suspected criminal
is on a person's property after dark.
Louisiana gained national attention a
few years back when the state passed a law allowing the use of
deadly force in carjackings.
With the number of concealed weapons permit
holders growing nationwide, the number of confrontations between
criminals and permit holders has also risen.
And so have civil lawsuits.
Many concealed carry permit instructors
tell their students that if they're involved in a shooting they
can expect to be sued in civil court by the criminal or the criminal's
family, even if the shooting was found to be justified in a criminal
court.
One nationally-renowned self-defense instructor
advises his students to be prepared to spend $50,000 or more defending
themselves in civil court against a wrongful death lawsuit.
That is one reason why the National Rifle
Associaton has made Representative Baxley's bill a top priority.
The bill has already passed the Florida
state senate, and is headed to Governor Jeb Bush's desk. The governor
has not yet indicated whether he will sign it.
|
