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Thread: Fla. SC may relieve gun owners of burden of proof in Bretherick SYG case,

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    Fla. SC may relieve gun owners of burden of proof in Bretherick SYG case,

    Court records indicate Bretherick was riding with his family on Dec. 29, 2011, when a passing vehicle driven by Derek Dunning nearly sideswiped their SUV near Orlando. The Indiana family said Dunning cut them off and stopped his own SUV in front of them, jumping out, and that driver Ronald Bretherick called 911 and showed his holstered gun to warn the man away. The Brethericks said Dunning returned to his vehicle but backed it up toward them. Jared Bretherick then took his father’s gun and stood beside their vehicle. Deputies said the younger man was pointing the gun at Dunning’s SUV when they arrived.

    http://www.rawstory.com/rs/2014/12/f...-ground-cases/
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    Regular Member 77zach's Avatar
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    Fl SC is anti gun. I'd like to watch Eric Friday again though. Too lazy to look for the court video.
    “If the natural tendencies of mankind are so bad that it is not safe to permit people to be free, how is it that the tendencies of these organizers are always good? Do not the legislators and their appointed agents also belong to the human race? Or do they believe that they themselves are made of a finer clay than the rest of mankind? ” -Bastiat

    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

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    Sounds like the movie Vacation. All turned out well. Who did what is something for a jury to decide. Story sounds goofy the version of the events (well, I almost side-swiped 100 cars today when passing them ~ I was within 5 ft of each one )

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    Quote Originally Posted by davidmcbeth View Post
    Sounds like the movie Vacation. All turned out well. Who did what is something for a jury to decide. Story sounds goofy the version of the events (well, I almost side-swiped 100 cars today when passing them ~ I was within 5 ft of each one )
    That not what the SC case is about.

    The certified question posed to the court, is: "Who bears the burden of proof at a pre-trial dismissal hearing? The State, as they do in all other pre-trial hearings, or the defendant.

    i.e. Does the State have to prove by a preponderance of the evidence, that the defendant did not act in 'reasonable' self-defense, or does the defendant need to prove he did. The statute appears to require the former, but the current state of affairs it's the latter.

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