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Florida Legislature 2005 (click for ongoing coverage)

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Jeb Bush signs bill on 'force with force'

Supporters tout the law as a crime deterrent. Opponents say it will lead to a "Wild West" atmosphere in the state.

TALLAHASSEE - With a lobbyist for the National Rifle Association at his side, Gov. Jeb Bush signed a bill Tuesday intended to make it clear that people have a right to defend themselves on the street, meeting "force with force" without fear of being prosecuted.

The measure, which passed the Legislature overwhelmingly and went to the governor on April 5, says people under attack don't have to retreat before responding, so long as they are in a place they legally have a right to be.

The bill says a person has "the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so, to prevent death or great bodily harm to himself or herself or another."

People already have that right in their home. The bill (Senate Bill 436), which takes effect Oct. 1, extends the right to public spaces, including on the street or in a place of business.

Case law and statutes dealing with the issue vary from state to state, but supporters said the measure brings Florida in line with a number of other states.

"It's common sense to allow people defend themselves," Bush said. "When you're in a position where you're being threatened . . . to have to retreat and put yourself in a very precarious position, you know, it defies common sense."

The measure was the NRA's top priority, and the group's lobbyist, Marion Hammer, was at Bush's side as he signed it into law.

"Now, the law and their government is on the side of law-abiding people and victims, rather than on the side of criminals," Hammer said.

Supporters of the bill touted it as a way not only to protect the rights of those who are assaulted, but a measure meant to deter crime.

If law-abiding citizens are able to protect themselves and have government stand behind them, you will have less violent crime," said Rep. Dennis Baxley, R-Ocala, the sponsor of the bill in the House.

Opponents of the bill warned during debate that it will lead to a "Wild West" atmosphere in Florida, with gun-toting people having shootouts in public places. But Baxley said the measure won't result in free-for-all gunbattles, in part because of laws already on the books, or rules set by property owners, that prevent people from carrying guns in many instances, such as in a stadium.

Opponents had also raised the prospect of fistfights in bars escalating into shootouts.

"You can't bring a weapon in a bar," Baxley countered on Tuesday. "If you bring a firearm in a bar, you're already committing a felony."

[Last modified April 27, 2005, 00:47:14]