Stand Your Ground task force: It's a good law

Created in the wake of national uproar over Trayvon Martin’s shooting death, a 19-member task force spent six months traveling the state and taking public testimony about Florida’s most controversial self-defense law.

The result? Little, if anything, will change.

The task force commissioned by Gov. Rick Scott to review the Stand Your Ground law prepared its final report Tuesday, indicating that the law is mostly fine as it is.

In a report to the Legislature, the group offered up only minor tweaks to the Stand Your Ground law — including changes that could actually make it easier to claim self-defense after killing someone.

Read more here: 

 

Just before Fast & Furious, Florida had Operation Castaway

A sensational election-season report into the botched Operation Fast and Furious gun-tracking operation has cast new light on a simultaneous Florida firearms investigation linked to violence in Colombia, Honduras and Puerto Rico.

Called Operation Castaway, the Florida case has received far less attention than Fast and Furious. The latter became an embarrassing distraction for Obama’s administration when it was implicated in the death of a federal agent and Mexico massacres, according to federal documents and a new cross-border investigative report by the Spanish-language network Univision.

Two Justice Department officials resigned and a dozen more face possible disciplinary action after the September release of a scathing 512-page Inspector General’s report that detailed the “seriously flawed” Fast and Furious case in which Alcohol, Tobacco and Firearms agents allowed AK 47-style firearms and other weapons to cross the border into Mexico.

The report never mentions the lesser-known Operation Castaway, and federal agents have pointed out numerous substantive differences with Fast and Furious.

 

But the Florida man imprisoned in Operation Castaway, Hugh Crumpler III, claims in court papers and in the Univision reports that the cases are alike because agents allowed guns to get into the hands of bad guys from Miami to Tampa to Jacksonville.

“There was no difference between Operation Fast and Furious and Operation Castaway,” Crumpler wrote last week in a federal court filing that seeks an early release from his 30-month prison sentence.

Federal agents in Operation Castaway said they intercepted nearly all the weapons he sold and tried to keep them in the country while Crumpler was under investigation. Crumpler’s customers were linked to gangs or cartels from Puerto Rico to Honduras, which is now one of the world’s most violent countries.

By contrast, Fast and Furious was designed to allow guns — about 2,000 — to go out of the country. Crumpler admitted he dealt about 1,000 firearms, including the notorious Fabrique Nationale Herstal semi-automatic handguns nicknamed cop-killing “ matapolicias” by cartel thugs who prize their armor-piercing capabilities.

“At no point during Operation Castaway did U.S. law enforcement officials allow illegally purchased firearms to be shipped to Honduras,” William Daniels, a spokesman for the Middle District of Florida’s U.S. attorney’s office said in a written statement.

“Specific knowledge about weapons exported by this criminal group to Honduras was developed over the course of the investigation, after the weapons had already been shipped,” he said. “U.S. authorities had no prior knowledge of these shipments.”

More here

Read more here: http://www.miamiherald.com/2012/10/05/v-fullstory/3036670/before-fast-furious-florida-had.html#storylink=cpyMore here

Preliminary data on Stand Your Ground law remains murky

Lt. Gov. Jennifer Carroll has repeatedly said that the task force commissioned to look into Florida's controversial stand your ground law will make its decision based on facts, not emotions.

Carroll and 18 other task force members learned Wednesday that those facts—like many Stand Your Ground cases—are incredibly difficult to pin down.

A University of Florida professor presented a slew of data on crime and tourism since the 2005 passing of the Stand Your Ground law, but ultimately concluded that no definitive connections could be made at this time.

“The data the we collected in response to the task force request is insufficient to provide a conclusion on this issue,” said Professor Monique Haughton Worrell, of UF’s College of Law. “It’s a complex issue, requiring complex analysis.”

Worrell told task force members meeting in West Palm Beach that a more in-depth study would be needed before the university could determine a connection between Stand Your Ground and crime rates, gun ownership rates or tourism in Florida.

Gov. Rick Scott commissioned the task force in the wake of the February shooting death of Miami Gardens teenager Trayvon Martin, which thrust the state’s controversial gun laws into a national spotlight.

The 17-year-old was shot by a Sanford neighborhood watch captain, George Zimmerman, who claims that he was acting in self-defense. Zimmerman was charged with second-degree murder several weeks after the shooting, after nationwide protests and the appointment of a special prosecutor.

Purge-snagged non-citizen voter faces five years in prison

As the debate continues over whether or not to purge Florida's voting rolls of potential non-citizens before the November elections, at least one person will be going to jail for voting illegally in 2008.

Josef Sever, who was born in Austria, pleaded guilty Thursday to voting in the November 4, 2008 presidential election even though he is not a U.S. citizen, according to the U.S. Department of Justice. He lives in Plantation.

Sever, who also received a concealed firearms license and bought nine guns under the pretense that he was U.S. citizen, faces up to five years in prison for the voting and gun-related charges.

According to court records, Sever's illegal voting was discovered during Gov. Rick Scott's controversial push to identify potential non-citizens on voting rolls using information from the state motor vehicle agency. 

Sever, 52, moved from Austria to Canada as a child, and became a naturalized Canadian citizen in 1979. He came to the U.S., and registered to vote in 2008, claiming he was a U.S. citizen on his Broward County voter registration application. He then voted in the 2008 presidential election. Sever also bought several firearms in Hialeah, stating that he was a U.S. citizen. It's not clear if he registered with any particular party.

Gov. Scott sticks to his guns, fires back appeal to 'Docs-vs.-Glocks' ruling

Gov. Rick Scott is appealing yet another court ruling, and appears convinced that his interpretation of the Constitution is more valid than that of the federal judge who struck down the so-called “Docs-vs.-Glocks” law, which banned doctors from asking patients about gun ownership in most cases.

The 2011 law, sponsored by Rep. Jason Brodeur, R-Sanford, was pushed by the National Rifle Association and opposed by Florida doctors. The doctors challenged the law in court, and a federal judge in Miami ruled that barring doctors from asking patients about gun ownership violates their First Amendment freedom of speech rights.

Scott is now appealing that ruling, which pits the First Amendment against the Second Amendment.

Here’s the release from Scott’s office.

Tallahassee, Fla. – “The Department of Health today filed an appeal to the federal court decision blocking enforcement of the Firearm Owner’s Privacy Act.  This law was carefully crafted to respect the First Amendment while ensuring a patient’s constitutional right to own or possess a firearm without discrimination.  I signed this legislation into law because I believe it is constitutional and I will continue to defend it.”

It’s the latest in what has become a litigation-swamped administration for Scott. The state is also involved in lawsuits over voting changes, pension reform, drug testing for state workers and welfare recipients, prison privatization, the Affordable Care Act, etc.

Florida has come out on the losing end of many of those challenges, and Scott has been quick to appeal judge’s rulings each time.

A story in the South Florida Sun-Sentinel on Monday showed that Scott’s administration has racked up more than $880,000 in legal bills for the various challenges over the constitutionality of several laws passed in the last two years. 

@ToluseO

Poll: Most Floridians want no changes to Stand Your Ground law

Florida’s controversial “Stand Your Ground” law continues to enjoy widespread support among likely voters, even as a state task force considers rewriting the law, according to a new Tampa Bay Times/Miami Herald/Bay News 9 poll.

Nearly 65 percent say the 2005 law — which allows people who believe they are in grave danger to use deadly force to defend themselves — does not need to be changed. There’s less consensus when it comes to voters’ thoughts on the Trayvon Martin shooting, which thrust “Stand Your Ground” into the national spotlight this year.

Voters are essentially split about whether George Zimmerman — who faces second-degree murder charges for shooting the 17-year-old Trayvon on Feb. 26 — was acting in self-defense when he pulled the trigger. Forty-four percent believe he was and 40 percent say he wasn’t, while 16 percent are not sure. Major differences emerge when voters are separated by geography and race.

“The real divide on this is racial, which I think isn’t terribly surprising given the racial tone that this [case] has taken,” said Brad Coker of Mason-Dixon Polling & Research, a nonpartisan, Jacksonville-based company that conducted the poll.

Read more here:  

 

"Trayvoning," the latest internet meme/outrage

Apparently three to five guys on Facebook hit a nerve, especially in African-American media, by posting pictures of themselves as if they're  a hoodie-clad and Skittles-and-ice-tea-clutching Trayvon Martin after the Miami Gardens 17 year old was shot by George Zimmerman Feb. 26 in Sanford.

There's another photo-shopped image of President Obama holding Skittles and Arizona Ice Tea.

The Grio said it found the Facebook page yesterday with this explanation:

Trayvoning is when you

1. get hoodie

2. get skittles

3. get arizona

4. wear hoodie

5. go to florida

6. get shot :) Trayvon Martin was a 17-year-old African American male who was unarmed and got shot by a raciest [sic] mexican american.

Look out, planking, Tebowing or owling, Trayvoning has all the right ingredients (racial tension, sick humor and violence) to become a few-day sensation.

In response to this blog, Republican political consultant Rick Willson Tweeted/neologized this word: 'Memerage' n. A portmanteau word combining Internet 'memes' incl Photoshopping and captioning shit to piss people off."

 

The gun-shine state loves Stand Your Ground

Florida is still the gun-shine state.

Though much maligned nationally, the state's "stand your ground" law at the center of the Trayvon Martin shooting case is well-liked by a majority of Florida voters, according to a new poll conducted by Quinnipiac University.

About 56 percent support the law and 35 percent oppose it, the poll released Thursday shows.

A majority opposes stricter gun-control laws. And a plurality of voters think that Tampa shouldn't be allowed to ban guns during the August Republican National Convention. But one place where an overwhelming majority Florida voters — 83 percent — think guns don't belong: the state Capitol.

That last finding drew a chuckle from gun-law critic Chris Smith, a Fort Lauderdale Democratic senator who's trying to amend "stand your ground" in the wake of the Trayvon shooting.

"Floridians love their guns," he said. "And they love the idea of "stand your ground". But when they learn it gives shooters immunity from arrest — when they learn it gives a tremendous presumption used by gangsters and thugs — then even my conservative friends think it should be changed."

But the National Rifle Association, which drafted the 2005 law and holds tremendous sway in the Florida Legislature, is fighting any changes to "stand your ground". The NRA for years has expanded gun rights and persuaded the Legislature to limit police, prosecutors and employers from controlling, monitoring or cracking down on guns.

The 2005 "stand your ground" law drew intense scrutiny after 17-year-old Travyon Martin, of Miami Gardens, was shot and killed on Feb. 26 in Sanford as he returned home from a convenience store. George Zimmerman, a neighborhood watch captain, was charged with second-degree murder. He claims he shot the teen in self-defense.

Under the law, a person can "meet force with force" and can use deadly force if a person "reasonably" feels he's in mortal peril. The law eliminated a citizen's duty to retreat if confronted in public.

Zimmerman wasn't initially arrested and charged. Police cited "stand your ground". A national uproar ensued.

"Despite the controversy, public opinion seems to be solidly behind '"stand your ground"' and slightly against stricter gun control," said Peter Brown, assistant director of Quinnipiac's polling institute.

Support for the "stand your ground" law ran mostly along political party lines, the poll showed. Republicans overwhelmingly support it, 78-15 percent. Independents also support it, 58-35 percent. Democrats oppose it, 59-32 percent. Men back the law, 65-31 percent, while women favor it, 48-39 percent. Support is 61-31 percent among white voters. Hispanic voters support it, 53-36 percent. Black voters oppose it, 56-30 percent.

Q Poll: Sen. Bill Nelson tied with Connie Mack, who's killing GOP rivals. Voters back Stand Your Ground

From a press release:

U.S. Rep. Connie Mack holds a wide lead in the race for the Republican U.S. Senate nomination, getting 40 percent of the vote to 7 percent for former Sen. George LeMieux and 8 percent for Tea party favorite Mike McCalister, according to a Quinnipiac University poll released today.***  Another 41 percent are undecided.

A general election matchup is too close to call as Mack gets 42 percent to Democratic incumbent U.S. Sen. Bill Nelson’s 41 percent.

Gov. Rick Scott’s job approval has risen above 40 percent for the first time, although he still remains underwater with a negative 41 – 46 percent rating from voters, the independent Quinnipiac (KWIN-uh-pe-ack) University survey finds.

A majority of registered voters, 56 – 35 percent, support the state’s “Stand Your Ground” law that has come under recent scrutiny.   Support is 78 – 15 percent among Republicans and   58 – 35 percent among independent voters while Democrats are opposed 59 – 32 percent.  Men support “Stand Your Ground” 65 – 31 percent while women support it 48 – 39 percent.  Support is 61 – 31 percent among white voters and 53 – 36 percent among Hispanic voters while black voters are opposed 56 – 30 percent.

“Although some activists have been critical of Congressman Connie Mack and his campaign, he retains an overwhelming lead in the race for the Republican Senate nomination and is tied with Sen. Bill Nelson,” said Peter A. Brown, assistant director of the Quinnipiac   University Polling Institute. 

“It is not clear how the late entrance of former Congressman Dave Weldon into the race will affect the campaign, but Mack’s lead is pretty formidable with three months until the primary.”

*** There will be some partisan handwringing regarding the undersample of self-identified Democrats in the poll. Go here for more about that

Download 052412 FL SEN + BP

Siplin calls Stand Your Ground "negligently written," weighs in on abused woman case

Florida's Stand Your Ground law continues to stand its ground in the national spotlight, after an abused woman was sentenced to 20 years for firing a shot at her abusive husband.

Now, a state Senator who sits on a task force that is currently reviewing the law, is using the case of the woman, Marissa Alexander, to criticize the law.

Sen. Gary Siplin, D-Orlando, released a statement  this week saying that he was "deeply saddened" by Alexander's sentencing, and that the Stand Your Ground law was meant to protect people like her. Siplin, who voted for the law in 2005, now says that Alexander's case and the case of 17-year-old Trayvon Martin offer proof that the law is being applied inconsistently. No one was physically injured in the Alexander case.