AK AL AR AZ CA CO CT DC DE FL GA HI IA ID IL IN KS KY LA MA MD ME MI MN MO MS MT NC ND NE NH NJ NM NV NY OH OK OR PA RI SC SD TN TX UT VA VT WA WI WV WY AS FM GU MH MP PR PW VI AA AE AP AB BC MB NB NF NS NT NU ON PE QC SK YT None A compiled petition will be presented to Governor Bush and your governor when you click the button below. And yes, contact me about getting more involved locally Tell Governor Bush he made a mistake. The people of Florida deserve better than to be gunned down by the short-tempered and trigger-happy. They deserve better than to have the law put into the hands of private citizens. Tell your governor that deadly force is not a game, and isn't something to be taken lightly and that taking a human life should never be our first choice.

The Shoot First Law is an invitation to reckless use of guns in the streets of our cities and towns. Without the law, people carrying firearms in public places could use those guns against perceived threats only as a last resort. The new law eliminates a citizen's duty to avoid the threat, and allows the use of deadly force before other options. Below is some legal context to the new Shoot First statute. It is not a comprehensive analysis of all laws on this subject, or all the situations that may arise under the law.

The Duty to Retreat

According to a leading legal text, "It is a well-established rule that in order to justify or excuse a homicide on the ground of self defense, the slayer must have employed all means in his power, consistent with his own safety, to avoid danger and avert the necessity of taking another's life in order to protect himself." AmJur Homicide, Section 161. A person threatened other than in his own home or place of business is not justified in taking the life of the assailant, if a safe avenue of retreat is open to him. AmJur Homicide, Section 163.

The New Florida Law

The new Florida Shoot First law eliminates the duty to retreat and allows a person not engaged in unlawful activity who is attacked in a public place to "stand his or her ground" and use deadly force if "he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or to another person or to prevent the commission of a forcible felony." Thus, even if the shooter could have safely avoided the threat by walking away or seeking refuge elsewhere, the Shoot First law permits him to shoot the assailant and gives him immunity from criminal prosecution and civil suit if he does so.

The Florida statute was passed over the strong objections of law enforcement officials and prosecutors. Broward County Sheriff Ken Jenne opposed the law because "it's easy to say after the fact, I felt threatened." Willie Meggs, President of the Florida Prosecuting Attorneys Association, said prosecutors are "concerned that it will provide a defense to someone who uses force that doesn't necessarily have to be done."

Seeking Out Danger

Under the "Shoot First" law, as long as the shooter "is not engaged in unlawful activity" and is "attacked in any other place where he or she has a right to be" the shooter has the right to use deadly force. Therefore, if a fistfight escalates to lethal violence, the shooter could receive immunity under the law even if he initiated the confrontation, as long as he "reasonably believed" that firing the gun was necessary to prevent a "forcible felony" or "great bodily harm" to himself.

Sweeping Immunity for Negligent Shooters

The Shoot First law provides for broad immunity from civil suits and criminal prosecution for shooters who reasonably believed the use of deadly force was necessary to prevent bodily harm or prevent a forcible felony. Nothing in the law would preserve the right of an innocent bystander who was shot in the incident to pursue a civil action against the shooter for negligence in the handling of a firearm. The shooter could receive immunity for shooting recklessly into a crowd, as long as he reasonably believed he was in serious danger.

Click here to download Florida Bill S.0436.