The book of law is a living document, and as new bills are passed and old laws are amended, it is our duty as Florida State Attorneys to know the ins and outs of these changes so we can better protect our clients’ rights. Like most laws, the interpretation of the Second Amendment is fluid at best. As American’s we have the right to own and bear arms, but firing a gun usually carries long-lasting consequences.
Florida State lawmakers just passed what is known as the “warning shot bill,” an amendment to the state’s self defense laws (Threatened Use of Force/Stand Your Ground). It is now awaiting the careful review and signature of Governor Rick Scott. This is the first amendment to self-defense law since the case following Trayvon Martin’s death.
10-20-Life
The new bill was inspired by a recent court ruling that landed a Florida woman with a mandatory 20 years behind bars for firing a gun at her ex-husband during a dispute. Marissa Alexander of Jacksonville was sentenced based on the 10-20-Life law.
10-20-Life mandates that anyone showing a gun while committing certain felonies receives a minimum of 10 years in prison; firing a gun under the same circumstances mandates 20 years; and injuring another with that gunshot requires a sentence of 25-to-life.
The Warning Shot Bill
The warning shot bill will allow for certain instances of threatened use of force to fall outside of the 10-20-Life sentencing law. The idea is to protect innocent people who use a gun legally in self-defense, avoiding criminal charges for those who stand their ground by firing a warning shot. We can expect an important legal precedent to be set with the retrial of Marissa Alexander.
Each case is different, and the warning shot bill will will have a different effect on each case. When you are facing criminal charges involving firearms, get the representation you need from the team of legal professionals at the Law Offices of Gilbert & Smallman. We are familiar with the legal precedents relative to your case, and we will use our expertise to defend your Constitutional rights at all costs. The dynamic nature of Florida gun law can be confusing – don’t navigate the process alone.
