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gejohnston

(17,502 posts)
8. dumb op ed,
Fri Jan 27, 2017, 10:58 PM
Jan 2017

there is no such thing as "invoke stand your ground", you just claim self-defense. Stand Your Ground simply means no duty to retreat. Also, the immunity hearing is voluntary, at the discretion of the defendant and council. It does not make it easier to claim self-defense, because the five principles do not change.
Currently, the law is if the defendant chooses the immunity hearing, they have to show by preponderance of the evidence it was self-defense. If the judge is not convinced, it goes to trial where the State has to prove otherwise BARD.
Of course the defendant can opt out of the less expensive immunity hearing, which is what Zimmerman did, the State still has to prove BARD.

As for open carry in Florida, it was banned in 1893 because some white people were triggered by black migrant workers open carrying. The current open carry exceptions in Florida are quite reasonable, and is a dumbassed nonissue. I think the gun rights people are wasting their time and energy on it.

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