General Discussion
In reply to the discussion: Duty to retreat vs stand your ground and castle laws: Don't throw the baby out with the bathwater [View all]Major Nikon
(36,925 posts)And that just isn't reality. To make an actual argument for this law you'd have to show that people who had a legitimate claim of self defense were being routinely prosecuted in Florida and that just isn't the case. The NRA pushed this law through under the objections of prosecutors who knew better and fully predicted the problems it would create. So the law claimed to fix a problem that wasn't there to begin with, as it created a far worse problem.
The problem with the law is that instead of forcing people to be accountable for the use of deadly force, it creates a ridiculously low standard for those who claim self defense. So instead of scenarios where you're up against Chuck Norris, think about the much more likely scenario of getting into an argument with your neighbor, they pull out a gun, shoot you dead, and all they have to do is claim they thought they were in fear of bodily harm. Not only will the DA not charge them, but your family members can't sue. This very scenario has played out time and time again. Prosecutors and law enforcement officials warned the legislature that was going to happen. They passed the law anyway. Then they let the law stand for 7 years without a thought even though numerous instances were occurring just as predicted. Only now when political pressure is starting to become great are they giving any thought to reconsidering the law.
That's what happens when you let the nutbags at the NRA write your public policy.