Free Gun Friday Giveaway: Win a RUGER(r] LCP(r] MAX and CALDWELL PORTABLE TARGETKIT Close (Photo courtesy iStockPhoto). There are many misconceptions in the media and public perceptions about the laws in the United States that govern self-defense. The Stand Your Ground Law principle is the most misunderstood. We will refer to it as SYG in order to keep things simple. RELATED STORY Kyle Rittenhouse Trial Raised Questions About Self-Defense And the Law Clearing Up Standing Your Ground You only need to type those three words into any search engine to find out how many people don’t know about it. Many people deliberately twist the meaning of the law to suit political agendas. Anti-gun Giffords Law Center states that SYG, “Distorts law of self defense… exacerbates gender bias… and raises homicide rates.” However from this writer’s perspective it can only “elevate” the number of criminals who are killed in self-defense. “Exacerbates racism systemic”? The Atlantic, an anti-gun magazine, admitted that 31 percent of the exonerated Floridians at so-called SYG hearings in 2013 were black. More on this soon. According to the Census Bureau, 16.9 percent of Florida residents identify themselves as African-American. SYG seems to have helped black Americans more than it helped other people. Source of Confusion SYG was first brought to national attention in the early 21st century. The state of Florida then passed a legislative package that included four self-defense-related concepts. One element did not eliminate the need to retreat from a deadly attacker, provided that he was in a location where he was required to be and was not committing any crime. It strengthened the Castle Doctrine principle that a person’s castle is their castle, and they can’t retreat from an attacker who has attacked it. Another statute contained a tort reform clause that stated that if the criminal justice system deemed the act to be justified self-defense, any resulting suit had to be dismissed. One element allowed for a pre-trial hearing. This was basically a mini-bench-trial in which a judge could dismiss any criminal allegations against the defender that result from the incident. It’s difficult to give four names to one legislative package. This series was known as the Stand Your Ground Law. The one element that many considered most important tactically was the rescinding the retreat requirement. Stand Your Ground is only applicable to the rescinding the retreat requirement. Period. Points of Clarification There are two important points to be aware of. One is that according to attorney Andrew Branca (lawofselfdefense.com), a specialist lawyer in this area, only a minority of states currently have a retreat requirement on the books at this time. A second, and perhaps more important, point is that retreat was not required in any state that has ever had one. It was only necessary if the retreat could be done in safety for oneself and others. I teach armed self-defense as my primary job (massadayoobgroup.com). My students have been asking me the same question for many years: “If you could retreat in total safety to yourself and others, will you use deadly force?” Obviously, no one ever replies, “Yes.” “Get out of jail free” card–Not! Critics call SYG a card that “Get Out of Jail Free.” Reality is different. According to the Jacksonville Times-Union, 64 cases were filed in Duval County since the Stand Your Ground law was adopted in 2015. In 2015, they included defendants who claimed self-defense and requested a Stand Your Ground hearing. “Just four of those hearings saw judges grant dismissals.” I promised you 66 cases. Let’s call those surveyed by the newspaper Case 1 through Case 64. Let’s now get to the details in the limited space I have. Case 65. In what I’ll refer to as Case 65, State of Florida. George Zimmerman, the defendant was made a target by anti-gunners for all they believed was wrong with SYG. But there’s a problem: Trayvon Martin’s death that night had nothing whatsoever to do with SYG. True Stand Your Ground kicks into effect only if you were able to escape from your attacker without trying. Zimmerman was on the ground when he fired the fatal shot. Martin was on top of Zimmerman, smashing Zimmerman’s head into concrete. It was clear from the forensic evidence that it was so, which led to his acquittal. This was not the SYG model. I am George Zimmerman’s friend and have spoken with Don West and Mark O’Mara about the case. They don’t believe it was a Stand Your Ground issue, nor does the defendant. Retard was impossible when he fired. Instead of retreating to the wall, his back was on the ground as he triggered the single 115 grain Sellier & Bellot 9mm hollowpoint. Although the higher courts have ruled that judges cannot dismiss civil lawsuits arising out of a shooting deemed justified self-defense by criminal justice system, judges can still do so. Case 66 Let’s conclude with Case 66 in Florida. For the criminal defense of this case, Jeffrey Weiner, Miami attorney retained me. An adolescent boy used a Mossberg Persuader 12-gauge shotgun from his father to kill a thief trying to steal his family property. My involvement was ended when the state’s attorney dismissed my case. But, there was still a massive lawsuit. The so-called Stand Your Ground hearing took place. Bill Bissett and Peter Murphy, his civil court defenders, convinced the judge that the case should be dismissed. This saved the family from a lengthy trial and likely six figures in legal fees. What is the bottom line? There are no “get out jail free” cards. There is no “blood on the streets.” It’s just innocent people saving lives without being subject to the torture of trial, bankruptcy and prison. Standing Your Ground is a good thing. Cato Institute, 2012: Ayoob speaks out in support of the SYG laws. (Photo by Cato Institute). This article was originally published in Combat Handguns March/April 2022. Subscription is available in print and digital editions at OutdoorGroupStore.com. Call 1-800-284-5668 or email [email protected] to sign up for the Personal Defense World newsletter. Sign up for our newsletter I have read and understood the Terms of Use, Privacy Policy and Cookie Policy and I hereby accept them. Athlon may collect, store, process, and transfer my Personal Data and Non Personal Data for the purpose of signing me up for the email newsletter. Up Next Top 10 pistol caliber carbines for 2022: Finding and keeping the Best PCC. That’s a great question. Ruger, Colt and Sig Sauer are the most prominent manufacturers, but there are many AR-pattern PCCs from dozens of other companies. Let’s take an in-depth look at the top 10 pistol caliber carbines. 1. Aero Precision EPC-9 […]
The Girsan MC312 Tactical Shotgun provides rapid quad-loading
Add a Pocket Pistol & Laser Combo To Your Gun Collection
Cimarron Firearms 1911: One Ranger Pays Tribute to the Texas Rangers
Athlon Outdoors Rendezvous – Top CCW Pistols for 2021
The Wilson Combat SFX9 5 Inch 1911 Addition is Performance-Driven
The CZ Scorpion gets a complete overhaul with the 9mm 3+ micro Pistol
Smart Guns are Coming to the USA, But Are They Ready for Prime Time Yet?
PWS Plays the Long Game With MK1 MOD 2-M Long Stroke Piston ARs
TESTED: The Zev Technology OZ9 Elite is the Maserati of EDC Pistols
The SAR9 now comes with an Optic Ready Slide Configuration Athlon Outdoors Network – Life 8 Best Home Defense Weapons for Hardening Your Home For… Ballistic Magazine Want To Fight the Russians In Ukraine? Here’s How Skillset Magazine Made the 4 Most Effective Military Shoes Ever.
