Saturday, October 01, 2005

I love ya all....

I was strollin about and this post on Michelle Malkin's Blog along with the actions of the brady people shows me the specifics of why this new law was passed need to get told so you all understand it.

You see first of all in Florida your car is part of your home when you are driving it ( it is important to understand that in relation to the rest of this story)

Man in Miami area had a concealed Carry permit and got carjacked while he was driving around. The thug in question was going to end his life at a very near point in the future. The man had to make an important choice; "Would I be judged by 12, or carried by 6" He choose to be judged by 12.

Had this been anywhere else in Florida the State's Attorney would have let this go. But under the letter of law in Florida at the time you had a wide avenue to shoot some one but you -HAD- to make an attempt to escape. This man and his lawyer argued ( unsuccessfully) that while driving in a car in heavy Miami traffic he was unable to escape. However since he could have in theory pulled an action hero bale out of his car he was guilty as a matter of law.

After his appeals were exhausted in his defense Jeb immediately gave the man a Pardon. And our legislators went to work to prevent this from happening. The law which is now on the books says that when in the context of your home ( Which includes your car when you are driving about) you no longer have to take escape as the first option.

Now. You shoot an unarmed man in your home, you are still guilty of a crime. You have to have a reasonable threat to your person. Now the folks in law enforcement can tell that by making an investigation. So all this law says that when you are in your home ( or on your property) and some one makes a threat to your life you can act. Now a guy has to be a real threat or you are still guilty of a crime.

So the Escape from your home angle presenting the info by Chief Kouri isn't laying out the whole story.

A State's Attorney decided that he wanted to put a man in jail for keeping some gang banging scumbag from killing him. In Florida we tend to like our citizens to be able to protect themselves and their property. And we don't like attorneys who waste taxpayers money prosecuting people for making reasonable self defense.

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