Former Florida Prosecutor Wants Stand Your Ground Style Immunity for Gun Owners Arrested in Gun-Free Zones Without Intent

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TALLAHASSEE, FL — A former Florida prosecutor wants gun owners arrested in gun-free zones to get the same fast exit from prosecution that Florida’s Stand Your Ground statute gives people who use deadly force in self-defense. In an article published by the Second Amendment Foundation, Lisa Chittaro calls for a “Second Amendment immunity defense” built on the Stand Your Ground model, only broader.

“We need a Second Amendment immunity defense for anything involving the lawful possession of a firearm,” Chittaro said, according to SAF. “It should mirror Stand Your Ground statutes, but it needs to be broader. It should allow defense attorneys to ask the court to find immunity under the protections of the Second Amendment quickly and efficiently and if they don’t, it should provide a quick route to the appellate level without having to go through the entire court process, which can take years.”

To understand the proposal, start with what Stand Your Ground already does. In a 2013 op-ed posted by Gun Owners of America, John Lott described these laws as allowing people who face serious bodily harm or death to defend themselves without first having to retreat as far as possible.

Florida’s version adds a procedural shield on top of that. According to SAF, when a defendant in a defensive shooting files a Stand Your Ground motion, the case goes on hold and prosecution stops. The trial court then holds a hearing, which SAF calls “a sort of mini trial,” to decide whether the defendant’s use of force qualifies for immunity. The burden shifts to prosecutors, who must prove by “clear and convincing evidence” that the defendant is not entitled to it. That standard is a high bar for the state, well above “more likely than not,” though short of the “beyond a reasonable doubt” standard used at trial.

After the hearing, the judge either dismisses the charges or lets the case move forward. If the charges stand, SAF says the defendant can file a Writ of Prohibition, a request asking a higher court to step in before trial. That puts the case in front of appellate judges quickly. SAF says this skips the 18 months to two years it usually takes to reach the appellate level, along with the jury trial, sentencing, and other delays in between.

SAF says Stand Your Ground was created to protect people from “unjust, malicious or politically motivated prosecutions” after they acted in self-defense. Lott made a related point in his op-ed. He wrote that these laws make it easier for would-be victims to protect themselves when police cannot arrive fast enough.

Chittaro wants that same structure applied to a different kind of case. According to SAF, most of the prosecutions she has in mind come from arrests in gun-free zones such as schools, sporting events, and airports. SAF says many of those cases lack knowledge on the part of the gun owner, “much less actual intent to commit a crime.”

“If a parent picks up their child from school and they forgot their firearm and someone sees it and complains, they should be covered by Second Amendment immunity,” Chittaro said. “The same goes for other gun-free-zone prosecutions where there was no knowledge or intent.”

SAF argues that police and prosecutors handling prohibited-place arrests often forget that Americans have a constitutional right to keep and bear arms. It says a trial judge or appellate court should review these cases to determine whether they involved that protected right.

More from USA Carry:

• EXONERATED: Concealed Carry Holder Who Fatally Shot Aggressor Inside Florida Walgreens Cleared of Charges Under Stand Your Ground Law
• Florida Stand Your Ground Law Clears Shooter
• Florida Man Uses Backup Gun to Shoot Robber After Primary Gun is Stolen
• Florida Judge Rejects Stand Your Ground Defense in Theatre Shooting
• New York Castle Doctrine and Stand Your Ground Laws Facts and Myths

Chittaro is describing a proposal, not an existing law. Under her model, the state would carry the burden early, and the gun owner would get a fast route to appellate judges instead of waiting years for one.

The school pickup example is the one most carriers will recognize. Prohibited places change from state to state, and keeping track of them through my concealed carry permit information by state is part of a responsible carry mindset. Training your routine matters just as much: know what you are carrying, and know where you are about to walk before you get there. Even disciplined people still forget things. Chittaro’s question is whether a mistake made with no knowledge and no intent should cost a gun owner years in the court system before a higher court ever looks at the Second Amendment question.

Read the original story: Former Florida Prosecutor Wants Stand Your Ground Style Immunity for Gun Owners Arrested in Gun-Free Zones Without Intent