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Bill would allow freer use of deadly force

By JIM HAUG
Business Writer

TALLAHASSEE - March 24, 2005 - Dirty Harry may soon be in his rights to say, "Go ahead, make my day" and blast away at his attacker.

The Florida Senate passed a bill 38-0 Wednesday that removes the legal expectation that a person should back down or run away in face of a serious threat. They can open fire without fear of criminal charges or civil liability.

The bill also enshrines the castle doctrine, or the right to defend a home against an intruder, in state law. It extends the castle doctrine to the automobile so drivers can shoot carjackers.

Proponents, including the National Rifle Association, said the bill is needed to balance a trend in the courts that has favored the criminal over the victim. Opponents worry about the unintended consequences.

Arthur Hayhoe of the Florida Coalition to Stop Gun Violence calls it the "Shoot first, ask questions later" bill.

"It's going to turn the street into a shooting gallery," he said.

The only debate about the bill was whether to continue to require a person to retreat if attacked in public. It is a principle that's taught in the classes required for carrying a concealed gun permit.

Because it sounded too much like the Wild West, Sen. Steven Geller, D-Hallandale Beach, tried to amend the bill so people still had to retreat. But his amendment was killed on voice vote Tuesday.

But Sen. Durell Peaden, R-Crestview, the bill sponsor, said the obligation to retreat can mean the difference between life and death. "If you have to turn your back and retreat, you're a dead man," Peaden said.

Marion Hammer, a lobbyist with the NRA and United Sportsmen of Florida, said some opponents are exaggerating the possible consequences of the bill. It would not allow gangs to engage in street warfare, she said, nor does it protect "mutual combatants." A duel in the street is still a crime, she said.

Hammer said she does not think Florida is setting a dangerous precedent because many states already have similar legislation. "We're just catching up with the majority of states," she said.

State Rep. Dennis Baxley, R-Ocala, the bill's sponsor in the House, said there's much uncertainty about the current law. People must wait for months before they learn whether they will be prosecuted for using their guns in self-defense.

The bill would require police to have probable cause before arresting somebody in self-defense cases.

Hayhoe, the gun control advocate and bill opponent, said it's "a defense lawyer's dream."

Volusia County has had its own controversies involving self-defense cases. A 79-year-old man was convicted of manslaughter and then acquitted after a second trial for shooting a 14-year-old boy in DeLand in 1997. The defendant, Stanley Quaggin, said he thought the boy was a burglar.

Sheriff Ben Johnson believes in a person's right to self-defense but has "reservations about the bill," said his spokesman, Gary Davidson.

The bill has the support of the Florida Police Benevolent Association. "It's a good law-and-order measure," said its lobbyist, David Murrell.

Murrell said the bill has necessary safeguards, such as protecting police who go to homes with arrest warrants.

Baxley believes the bill would increase public safety because more people would feel more confident about using their guns.

"People who lawfully own firearms don't shoot to kill," Baxley said. "They shoot to live."

During a debate in House Justice Council meeting on Wednesday, State Rep. Arthenia Joyner, D-Tampa, said she fears people will overreact in such tense situations and make bad decisions.

"We're getting away from the culture of life," she said.

jim.haug@news-jrnl.com