I responded to an interesting question to attorneys in one of the Second Amendment groups I belong to. If you're an attorney -- it's something to think about, and has multiple facets I did not discuss because of how complicated it can legally become depending on the exact facts involved. But, no matter what your legal experience -- it's an interesting issue to think about: Here's my response with the question integrated into my answer:
You ask if a violation of law in the form of disobeying a "no firearms" sign would be admissible in a self defense case, and my response as far as Florida law goes would be that currently it "should" not, as it would not ordinarily be considered a "trespass", although there is no case law on it. On the other hand, if it were a trespass, or other violation of law, then it would be an open question as Florida law would then certainly impose the "retreat rule" under the 2014 changes to C.776. The next issue would be whether F.S. 90.803 would bar admissibility, or otherwise modify the way it was admitted, and any jury instructions on the duty to retreat, or whether it is really a "prior bad act" or simply too easily confused by the jury as an attack on character. In other words -- at least in Florida, the legal issues are extremely complicated. At the very least, a motion in limine would have to be filed, and heard pre-trial, with all objections being preserved including during the charge conference, and after jury instructions are given.
Kamis, 11 Agustus 2016
Interesting Legal question on self defense mostly for attorneys
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