For Floridians, LEGISLATIVE UPDATE! Important Firearms Rights Bills Information

FOR FLORIDA RESIDENTS, INFORMATION ON FILED BILLS!
For all those in Florida! Time to start calling and emailing your State Senators and Representatives.

The 2018 Legislative Session bills have started to be filed and a few are of interest that I am asking for your support by emailing and calling your local reps to ask them to support these bills.

1. is SB 240 filed by Sen. Baxley. This bill would make an exception for CWL holders to be able to carry concealed firearms ” on private school property if a religious institution, as defined in s. 23 775.0861, is located on the property.” Meaning that if your church also has a private school in or on the grounds, you may not be arrested for legally carrying a concealed firearm on the grounds, including the school and church grounds.

This is a needed bill as many religious institutions are targets for criminals and our children deserve the added security this can provide. The entire Bill can be read here: http://www.flsenate.gov/Sessi…/…/2018/240/BillText/Filed/PDF

2. is SB 218. A Bill sponsored by Sen. Farmer. This Bill is trying to make it more restrictive in how a person can store a firearm in their home. It does away with the part of the current law that does not hold the owner responsible should a minor break into your home and steal the firearm. This means that if you have no children in your home, and wish to have a firearm available for home defense, and a minor breaks into your home and steals that firearm, you are in violation of this law. That, of course, is ridiculous and this is a bad change to an already good law. I am opposing this change, and ask you do the same. You can find this Bill here: http://www.flsenate.gov/Sessi…/…/2018/240/BillText/Filed/PDF

3. is SB 196, is a clear attempt at an Assualt Weapons and large capacity magazine ban! THIS IS A BAD BILL and is trying to clearly infringe on your 2nd Amendment rights. Without going into details (because its a long bill) it tries to ban almost every kind of rifle and some pistols commonly owned and used today and any magazines over 10 rounds. It’s a clear attempt to circumvent the Constitution and a danger to the rights of ALL Americans, not just gun owners. I AM Strongly and Completly AGAINST THIS BILL in any form. It’s an attack on your rights and our Constitution! You can read the long list of firearms it tries to ban here: http://www.flsenate.gov/Sessi…/…/2018/196/BillText/Filed/PDF

4. SB 152 by Sen. Steube, makes the conducting of already required background checks easier by requiring the state to allow the processing of the fees required for such to be electronic in nature. This is simply making it easier for Firearms dealers to do the checks and pay for them. Any funds over a certain amount that this raises will be used to by ballistic vest for LEO. This BIll does not do anything to the firearms owners, buyers or any form of restrictions. Just a processing change and one that is good. I support this bill and ask you to also. You can read the bill here: http://www.flsenate.gov/Sessi…/…/2018/152/BillText/Filed/PDF

5., Bill is SB 148, by Sen. Steube, which changes the penalty for CWL holders who openly carry a firearm in violation of 790.06 from a misd. to a payable fine for the first 2 infractions. ANd also decriminalizes if a CWL holders firearm is “temporarily and
openly displayed to the ordinary sight of another person”. This is a good Bill and I support it. It prevents the arrest of a CWL holder who’s firearm is accidentally or temporarily displayed such as getting out of your car and it shows to someone, or like instances. You can read the Bill here: http://www.flsenate.gov/Sessi…/…/2018/148/BillText/Filed/PDF

6. SB 134 by Sen. Steube, would allow a lawfully licensed CWL holder to carry a firearm to the security checkpoints in a Court House and surrender the firearm to the deputies there, just like LEO’s do now. This prevents the requirement of having to leave the firearms in unattended vehicles and reduces the chance of theft from such places. This is an improvement to the current law and one that only affects CWL holders and would make their firearms more secure, not less. I support this Bill. You can read the Bill here: http://www.flsenate.gov/Sessi…/…/2018/134/BillText/Filed/PDF

I hope you will take the time to make your voices heard on these important firearms related Bills. It is important that the citizens of Florida make their feelings on these things and others heard by those we have elected to represent us. You can find a list of Florida Senators at http://www.flsenate.gov/Senators/Find

You should write each Senator separately and address each Bill separately also. One thing I have learned is they are a lot more receptive when you take the time to write a short, concise personal note and voice your support or opposition to a Bill. Be respectful, yet make sure to get your point across. For a subject line use the Bill number and write I support or I oppose.

Calling is just as important, but I would wait until AFTER the Hurricane to do all of this as all of us, including the Senators, are busy getting ready for the Hurricane. The numbers are also listed at the above web address.

Thank you for reading all of this and taking the time to write or call regardless of your opinion on these bills, I just want people to make their voices heard by the elected officials who make laws that affect all of us. If you have any questions regarding these Bills please feel free to ask. If I don’t know the answer I know people who will!

Now batten down the hatches and hunker down until the storm passes by, and we will all be OK!

The Right to Peacefully Protest is a Right for All

“I consider myself a reasonable person. One who believes in letting people do pretty much anything as long as it does not harm me or family.”

While I do not condone or follow the beliefs that the protestors of the “Unite the Right” protest stand for, I must say that I do support their right to peacefully protest. What a lot of people do not seem to understand is that the First Amendment freedom of speech guarantee was specifically designed for speech that may be unpopular or disliked by many. It was a way our forefathers thought of protecting those who might speak out against things like government, the state, or even the very things they were trying to work for.

Read the rest at the link!

“Innocent Until Proven Guilty”, or at Least it Should be!

“One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged.”

For a second time, a Florida Judge has ruled that the recent change to the Florida “Use of Force Statue” is unconstitutional. Florida is well known for its original use of force statute that was errantly called “Stand Your Ground” even though the law that was talked about is much more than those three words. The actual title of the law is “Use or threatened use of force in defense of person.
When the law passed, the Florida Courts made a change to the law in procedural law, by requiring a person who uses self-defense to prove in a hearing before any criminal trial, that they used force in self-defense. So, in other words, you had to have a hearing and prove to the court that you used force in self-defense, BEFORE you are charged with criminal charges, and the burden of proof rested on the defendant, not the State. Now I am not a lawyer, nor am I a Judge, but even I know that the US judicial system was set up so that the State must prove you are guilty of a crime and not the other way around.
I never heard anyone say the court system was supposed to be set up so that a person when accused of a crime by the State, had to prove their innocence. I have a little bit of experience in being in court, having arrested several thousand people over the last 35 years. But one thing That I always knew was that it was my job, and the job of the State Attorney to prove a person I had arrested was guilty of what I charged them with “beyond a reasonable doubt.”. It has always been the government’s job to prove guilt and not the citizen’s job to prove their innocence. The 6th Amendment in the American Constitution guarantees an individual the right to a fair, speedy, and public trial. The 6th Amendment also enables an individual to have legal assistance, regardless of the charge, and the right to confront adverse witnesses and notice of accusations. These rights are given to all men or women under trial for any wrongdoing. They establish the “innocent until proven guilty” mantra that is present in the United States legal system. It is a corner stone of our legal system. Cornell’s Law School defines this principle as this;

“One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty. In other words, the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged.
Definition provided by Nolo’s Plain-English Law Dictionary.”

So when the Florida Courts mandated a hearing where the citizen had to prove their innocence, you can imagine that it did not sit well with the men and women that wrote the laws of the state of Florida. And many have said that it was a violation of the very basic principles of our Constitution. So the law makers in Florida decided to right what they saw as a wrong by the COUrts and wrote a change to the current law that simply requires that instead of the citizen having to prove their innocence that the State has to prove they did not use force in self-defense. This is as it should have been all along. In fact many think the hearing that you have to have to claim self-defense in and of itself is not right and a violation of the 6th Amendment. So the lawmakers changed it.
Well, it seems that the Judges and Courts in Florida do not like to be corrected or told they are doing something wrong. So in two recent cases, local Judges in the Miami area (this should not surprise anyone coming from that area of the state) have ruled that the new procedure that follows the 6th Amendment of the US Constitution is unconstitutional. Now you try to figure that one out.
While I am sure that these cases will ultimately end up before the Florida Supreme Court for a final ruling, until then maybe we should just follow the current laws and US Constitutional Amendments? Wouldn’t that be a novel idea?
I know from talking to many people in the legal field, including Assistant U.S. Attorney’s, State Prosecutors and Public Defenders, they are all for following the 6th Amendment. Many have expressed a desire to do away completely with the pretrial hearing as it strikes them as being almost a double jeopardy issue, having to prove the guilt or innocence more than once.
So I offer my layman’s solution to this entire ordeal. If someone uses force and claims self-defense, then if the state thinks that they did not have a legal self-defense use or violated a law, they charge them and put them on trial for that crime. If they cannot prove the citizen committed a crime, then they do not charge the person, and they are free. That is the way it has been for a couple of hundred years now and seems to work just fine. Why are we adding more trials and hearings to a criminal proceeding?
If you use force in self-defense in Florida, it is still currently the law that the State must prove you did not use it legally in self-defense, not your responsibility to prove you did. As it should have been and should always be. The Use of Force law is very easy to understand if you simply read them and try to understand them. They are not overly wordy, easy to understand, and quite clear. Here is a previous article of mine that helps to explain it a bit.
All I can say is good luck to those Judges in Miami who think following the US Constitution is Unconstitutional. But then again they are Judges in Miami of all places.

“Everytown for Gun Safety” Group is Misleading the Public With Bogus Stats!

“So the next time you hear someone say what an “epidemic” we are having of shootings you tell them they are full of it and being misled by the media and groups who are spending millions on propaganda and not facts.”

I spend a lot of time reading and researching. Many of the things I read are studies on death and injuries in the United States. My sources are usually federally based, since relying on private groups often leads to getting information that is slanted to fit their agenda.

So it is not surprising that information derived from the “Everytown for Gun Safety” group, and others like it, tend to bend and misstate numbers to suit their agendas. My agenda is simple. I believe every American has a right to freedom, to choose how to live, how to express themselves and the right to defend themselves. When you go to Everytown’s website you are immediately hit with numbers and graphics that make several bold, anti-gun claims.

Read the rest here…

President Trump Helps Out Marine, Shows His Respect for Military

Tonight on his way back from Germany while getting onto Marine One, President Trump did something that I have never seen any other President do in the past.

As President Trump approached Marine One, one of the Marines who stands guard at the door and salutes the President when he boards and leaves the helicopter, had his cover (military for hat) blown off.  Sticking to his training, he refused to break his position of attention and did not attempt to retrieve his cover.

See the Video and rest of the story here.

City of Ferguson Caves, Agrees to Pay Settlement to Parents of Michael Brown Despite Lawful Police Shooting

Only in today’s lefty courts of America can an attempted murderer’s parents profit from their adult son’s criminal actions and death.

I have seen and heard many things in my three decades as a cop, plus my military time. However, I recently heard that Michael Brown’s parents settled a lawsuit against the city of Ferguson for their son’s death.

These are the same parents of an 18-year-old adult who attacked and arguably tried to seriously injure or kill a police officer. The police officer was cleared in the shooting, as it was ruled justified. Yet even though justified and found lawful, the officer had to quit and move out of town for the safety of his own family. These are the same parents who, after the shooting incited violence, said, “Let’s burn this m——- down.”

Read the rest here.