Zimmerman waives preliminary “Stand Your Ground” defense

Why this is important, and very much appreciated on my part.  Much of the media on the left were trying to turn this case into an attack on the recent “Stand Your Ground” legislation. By not pursuing that defense, Zimmerman is basically helping to protect our legislation by removing it from the argument and limelight.

http://news.yahoo.com/zimmerman-stuns-court-waives-stand-ground-hearing-trayvon-162305101–abc-news-topstories.html

NOTE: The article does note that they could still use it as a defense during the actual trial. So not being a lawyer, (there are many great lawyerly gun blogs that can truly explain this). I am presuming that they’re not going to attempt to have the charges dismissed via the “Stand Your Ground” defense, and rather go to trial to prove innocence.  I think for this particular case, it’s a wise move.  Zimmerman needs to face a trial, and be cleared before said trial if he is to ever have any of his life back.  If he used the “Stand Your Ground” law, the media would exclaim that “a child murderer goes free due to a loophole”. This is the game our enemy likes to play. And I am glad that Zimmerman’s legal counsel are wisely playing a defensive move that is good for our entire cause.

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Published in: on March 5, 2013 at 3:20 pm  Comments (2)  
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Castle Doctrine on Parole vs Innocent Until Proven Guilty

Below I am going to make the case that we have a law that we desperately need to repeal…

The Martin-Zimmerman case has enacted tons of attention on Florida’s Castle Doctrine and duty to retreat laws – this despite the fact that it is irrelevant to the case.

  1.  If Martin was actively beating Zimmerman while he was on the ground, per George Zimmerman’s testimony. Zimmerman has no means to retreat.
     
  2.  If Martin was fighting off a George Zimmerman who was forcibly confronting him, per the Martin side of things, than Zimmerman also does not fall under the duty to retreat clause, being the aggressor.

So what is the argument against Castle Doctrine in this case?

“Zimmerman should be arrested and jailed!”

But wait, I thought America believed in “Innocent until proven guilty!” And this is the crux of the matter, do we believe in innocence until proven guilty?

If so, we need to let the process work. We might need to nudge it, but I sure as heck DO NOT want to eliminate America’s “Innocent Until Proven Guilty” foundation. And I’d wager African-Americans are even less inclined to see us disolve that fundamental American trait. Cause let’s be honest, African-Americans have throughout American history more often than most groups found themselves presumed “Guilty Before Innocent”.

Let’s just hypothetical say that Zimmerman is telling the truth. Do we really want to send a man to prison if he’s innocent?

And if he’s not innocent, and that determination is made, then Zimmerman will go to prison for manslaughter.

But let’s talk about all the hub-bub regarding repealing Florida’s Castle Doctrine. Why? How did it affect this case other than Zimmerman isn’t sitting in jail right now awaiting determination to his innocent or out $5 Grand for a bail bond.

The real net result is very minimal in regards to final justice.

CONFESSION: I did feel that initially, it looked as if the process had stopped when there were numerous questions involving this case. And that continued investigation, and a judicial review was necessary. I still believe Zimmerman may be guilty, but with all the evidence released, I have probably moved from a 60% / 40% in Martin’s favor to 60% / 40% in Zimmerman’s favor. But all that said…my opinion is meaningless, it’s the investigators and/or jury’s that will count.

***

Now let’s talk about a law that Florida absolutely needs to repeal.

Parole

The parole process releases thousands of criminals onto our streets. And please understand, these are criminals – they have not completed their sentences. They haven’t “done the time, for the crime”.

I don’t know the exact figure, but I would wager an estimate that 85% of these parolees commit crimes upon their release. Though far less are likely caught, and even less lose their parole. My family had dealings (unfortunately) with one convicted Federal felon on parole. He was habitual in both fraud and crime, and yet three law enforcement branches did nothing about it for over a year.

One study concluded 45% of parolees fail their parole. Now realize, what that means…1/2 of parolees fail. Of that, the article claims 2/3 return for technicalities. Now considering it took about a dozen crimes for the one parolee I’ve ever had to deal with. I wager he probably returned on a technicality as well.

What affect does the returning of parolees to society result in? Per this article

  • 8% rise in aggravated (violent) assault
  • 20% rise in robbery reports
  • 10% rise in burglarly reports
  • 20% rise in murder rates

So the misguided claim is that Florida’s Castle Doctrine law is reponsible for the death of an innocent youth. Okay, well parole is responsible for the death, rapes and assault of tens of thousands of innocent people. If we need to abolish a law, one that leads to the harm and death of innocents, then clearly, the practice of parole should be abolished.

Imagine the life Jaycee Dugard would have had if Phillip Garrido , a convicted kidnapper, rapist, sex offender had not been paroled – who testified in court, “that he masturbated in his car by the side of grammar schools and high schools“. 

Do you think Jaycee’s life would have been better if she wasn’t locked in a basement being raped repeatedly for nearly 20 years?

Seriously, I believe the parole system is fundamentally broken. It exists because our prisons are too full. Our prisons are too full because we fill our prisons with perpetrators of so-called “victimless crimes”.  Be it an individual who enjoys growing and smoking cannibas or an elderly handicapped orchid hobbyist arrested by a SWAT team. (Seriously, neither is someone I want filling up my jails. If you want to abuse your body on drugs, that’s your call. The mere choice of drug, cannibas vs alcohol/tobacco really shouldn’t be the difference of freedom or prison. 2 years of filling up a prison slot that could have been used for a violent murdering rapist. Really, which do you want locked up and kept from society. 

God help those who find themselves or their loved ones harmed by a parolee. I believe at that point, the government has failed in it’s duty. Releasing violent criminals to prey upon society and repeat their crimes is negligence on the part of the government – and de facto negation of the rights we have ceded to them.

Therefore, I believe we should enact a campaign to have Florida repeal parole. Thousands more innocents are harmed in Florida by the parole process than Castle Doctrine.

Sanford, FL Police Chief Bill Lee steps down

Reports are coming in that Sanford, Florida police chief Bill Lee has voluntary stepped down “temporarily” as head of the department.

The problem with this case is it’s getting political, and will move into chaos. I am actually surprised it took this long for us to see Al Sharpton’s name being tossed around.  Also from the article, the Justice Department apparently now has a Civil Rights investigation open on this case now.

http://www.cnn.com/2012/03/22/justice/florida-teen-shooting/index.html?hpt=hp_c1

Something I did not know,

“It’s extremely, extremely significant because the federal government is not allowed to prosecute just your ordinary, everyday murder,” he said. “Two people fighting on the street is not a federal crime. However, if one person shoots another based on racial hostility, racial animus, that does become a federal crime.”

 

 

Published in: on March 22, 2012 at 3:47 pm  Leave a Comment  
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Snake Season

Florida is suffering a huge loss of wildlife, particularly mammals, from the invasive pythons that have made Florida swamps their home. Up to 99% of some species have been eliminated from the area.

Solution? Snake season. It’s something many individuals have pointed to as a solution for certain invasive species.

However, opening a hunting season might not be enough on it’s own. How many snake hunters are there? We do not have a huge tradition in this country of men taking their sons out to stalk that huge snake buck.

I’d propose some incentives:

  1. A bounty stamp
    $5 = < 5′ $10 = 5′- 10′ $20 = 11′ – 15′ $50 = 15′ – 20′ $250 = > 20′
     
  2.  Any bounty stamped snake skin can be used in garments and luxury items and sold tax free within the state. Suddenly, watches will use bounty skin just to be sold tax free.

Demand for the skin will increase. And eventually the problem will disappear due to economics.

Articles on the matter:
http://news.blogs.cnn.com/2012/01/31/pythons-wiping-out-mammals-in-everglades-researchers-say/?hpt=hp_t3

http://www.naplesnews.com/news/2010/feb/22/python-hunting-season-set-south-florida/

Published in: on January 31, 2012 at 4:28 pm  Comments (1)  
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NRA-ILA Alert: Florida Legislators raid CCW trust fund!

In a last minute sneak attack on gun owners, the Florida Legislature raided the concealed weapons and firearms licensing trust fund.This not only effects resident CCW license holders, but non-resident Florida license holders as well!

They took $6 million from the Division of Licensing Concealed Weapons and Firearm Trust Fund that is intended, by law, to be used solely for administering the concealed weapons and firearms licensing program. (Read background information below)

Please Call, Fax, or Email Governor Charlie Crist IMMEDIATELY, and ask him to veto the $6 Million trust fund sweep from the Department of Agriculture & Consumer Services Division of Licensing authorized under Section 59 of the Conference Report of SB-2600.

Please send your email today!!!!!

And/or please contact the Governor’s office by phone or fax ASAP.

Phone number: (850) 488-4441 or (850) 488-7146
Fax number:  (850) 487-0801

Email to the Governor at this address: Charlie.Crist@MyFlorida.com

BACKGROUND:

Right now, the concealed weapons and firearms licensing program is backlogged and overloaded, due in part, to the refusal of budget officials and the Legislature to allow the Division of Licensing to use its own trust fund money to hire more employees and expand/upgrade equipment. 

Crates of unopened mail containing license and license renewal applications sit in storage. The backlog of mail sitting unopened, at times, has extended beyond 90 days while existing licenses are expiring because renewal applications haven’t been opened and processed. 

Currently (although the Division of Licensing has been working weekend shifts to clear the backlog), it is taking 13-14 weeks to process a “perfect” application once it has been opened. That is an unequivocal violation of the law that requires issuance or denial of a license by a specific time –– a violation of law that legislative leaders are condoning by their actions.

THE LAW REQUIRES THE DIVISION OF LICENSING TO ISSUE A LICENSE WITHIN 90 DAYS OF RECEIPT OF THE APPLICATION — or deny the license “for cause”, based upon the criteria set forth in the law.  Theft of operating funds by the Legislature is not “just cause” for failure to issue licenses or renewals within 90 days. 

While applications sit gathering dust, legislative leaders took $6 million of approximately $8 million held in the trust fund.  That $6 million is supposed to be used to pay employees, buy upgraded equipment, upgrade or replace computers or software and to otherwise administer the concealed weapons and firearms licensing program.

BUT, feigning a desperate need for funds for education and health care, legislative leaders recklessly and ruthlessly confiscated trust fund money.  Why?  Because they were building a so-called “working capital” fund for the 2010-12 legislative term, reported now to be in the neighborhood of $1.8 BILLION DOLLARS. This so-called “working capital fund” is for the use of future legislative leaders.

They didn’t take that money for education.  They didn’t take that money for health care.  They didn’t take that money to save jobs.  They didn’t take that money to avoid pay cuts, or budget cuts — they took the money to help build their own fund. 

While Senate leadership reportedly fought to stop the ruthless raids on trust funds, in the end, they simply caved and let the House of Representatives prevail. 

 

The bad behavior doesn’t end there.

Obviously fearing the Governor would use his line-item veto to stop trust fund raids, proviso language was inserted in the bill in a clear attempt to intimidate the Governor. 

The proviso language, states that if any portion of the moneys swept from this and other trust funds does not become law (meaning it is vetoed), that portion of the money shall be deducted from the EDUCATION BUDGET.  This is clearly designed to keep the Governor from vetoing trust fund sweeps, and prevent trust fund money from being taken back out the House leadership’s so-called “working capital” fund. 

Money in the concealed weapons trust fund came from gun owners. No money to administer and run the concealed weapons and firearms licensing program has ever come from general revenue, or any other state fund or revenue source.  The taking of these gun owner user fees is an unauthorized tax on the exercise of the Second Amendment.

AGAIN, Please call, fax and email Governor Crist IMMEDIATELY, and ask him to veto the $6 Million raid on the Concealed Weapons & Firearms Trust Fund!

Please send your email today!!!!!

You may also call the Executive Office of the Governor at: (850) 488-7146

Published in: on May 12, 2009 at 1:49 am  Comments (6)  
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