FLORIDA: “Warning Shot” bill advances to governor’s desk (!!)

Bravo!

Hopefully after the governor signs this bill, charges against Marissa Alexander (pictured above) will be dropped.

Legal Insurrection has a very good summary:

So, what exactly does SB-448 do (note: the full text of the proposed bill is embedded at the bottom of this post, but all hyperlinks are to the statutes as they currently exist prior to modification by SB-448)? Here’s a bulleted list, with details below. In summary SB-448 provides:

• No statutory authorization for firing “warning shots”—indeed, the statutory language would deny justification to any “warning shot” that “poses a threat to public safety,” which would seem to apply to all but the rarest circumstances.
• No substantive change to stand-your-ground.
• Where the use of force would have been lawful in defense of a person, the mere threat is also lawful in defense of a person.
• Where the use of force would have been lawful in defense of a home, business, or occupied vehicle, the mere threat of force is also lawful in defense of a home, business, or occupied vehicle.
• Where the use of force would have been lawful in defense of personal property or to prevent a forcible felony, the mere threat of force is also lawful in defense of personal property or to prevent a forcible felony.
• Where immunity would attach to a use of force, immunity will similarly attach to a mere threat of force.
• Allows for expunction of criminal history associated with a lawful act of self-defense.