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BRC The Effects of Stand Your Ground Laws Essay
The topic is gun control / stand your ground law Add work cited
This, of course, still needs a hook. Depending on the topic, you’ll need to offer some background or context. It’s also a good idea to mention the debate/discussion surrounding the topic. In other words, you might be arguing that something is good, but what do the people who disagree with you say? If there are two sides to the topic, then that makes it relevant and interesting. Then, segue into the three points you intend to make in the paper and give us a preview of them.
Your thesis should be something like:
Although many people think that (the opposite of what you’ll argue), in reality (give your argument and make it strong!)
If we were writing about social media, it might say: Although many people believe that social media destroys social skills, it actually allows people to connect across distance, helps students perform better research, and effectively promotes small business.
As you can see, it starts with the opposite of what I’m actually going to argue, but ends with my three main points.Write a body paragraph!
It should have a transition in a strong topic sentence. Your topic sentence should clearly state what topic you’ll consider int eh paragraph and should make an argument (or have an opinion without saying “I”).
Give some context/background.
Give some evidence (from an outside source).
Give some analysis that makes us care about the evidence.
Connect to your thesis.This body paragraph needs to have a transition in the topic sentence. The topic sentence needs to clearly state what specific failure you’ll be considering in the paragraph. You cannot stray from this. For example:
To begin, one of the major failures of the prison system is its direct connection to slavery.
You should follow the topic sentence with some context on the failure you’re considering. For example, if you wanted to discuss the connection to slavery as a major failure, then you would want to explain the history here–you might consider the Black codes or the loophole of the 13th amendment. In other words, you have to give some background and explanation as if your reader isn’t as familiar with the history as you are.
If you were going to write about the war on drugs, for example, you would have to give the background on that about how certain neighborhoods were intentionally bombarded with crack (which has a different punishment). You might bring up the 3 strike rule instead. Without this, how would your reader even know what the war on drugs is or how it contributes to a problem in the prison system?
After you’ve given the necessary background/context/definitions, then you should quote from one of the sources we’ve discussed or that you have found on your own. Maybe you want to throw in a statistic to support your claims. Maybe an expert said something that you think is really important. Maybe there is an example of someone who experienced this (that you’ve read about) that makes it clear that this really is a failure.
After you supply the quote, you need to explain why this is a problem and what the negative effects are. In other words, personalize it. Seeing one example or seeing a statistic doesn’t emotionally impact the reader or convince them of this problem. Your job is to make them see how significant this information is and how problematic the impact is. Do not just throw in a quote and then end the paragraph. NO NO NO.
End the paragraph with a sentence that connects to your thesis.
https://www.findlaw.com/state/florida-law/florida-…
In 2005, Florida passed the nation’s first stand your ground law. Then, the case of George Zimmerman’s fatal shooting of Trayvon Martin thrust Florida’s new law onto the international stage. The law was the first of its kind to remove the duty to retreat before using force in self-defense. The Florida statute generally allows people to stand their ground instead of retreating if they reasonably believe doing so will “prevent death or great bodily harm.”
Other states followed with laws specifically affirming one’s right to defend themselves, even outside of their homes and with deadly force if necessary. But gun laws go beyond just so-called stand your ground statutes. Floridians should be aware that federal law also regulates gun ownership, including what kinds of firearms may be owned legally. Additionally, Florida has a 3-day waiting period (excluding weekends and holidays) to purchase a gun. The state has other restrictions that impact the rights and responsibilities of possessing firearms.
The Marjory Stoneman Douglas High School Public Safety Act
The Florida public safety bill, SB-7026, was signed into law on March 9, 2017. This is known as the Marjory Stoneman Douglas High School Public Safety Act (Douglas High Act) and was named for the site of the tragic Parkland school shooting which occurred on February 14, 2017. The legislation provided several changes to Florida’s gun control laws. Although it did not ban assault weapons or high-capacity magazines, it did outright ban bump-fire stocks, a device that makes semi-automatic rifles fire like automatic ones.
Additionally, the act extended mental health services and regulations and established funding for school security. The safety measures include programs that allow sheriffs to appoint designated school employees (non-teaching staff) as “guardians” who are required to receive firearm and safety training prior to being armed in the schools.
Overview of Gun Control Laws in Florida
The laws regulating gun ownership and use vary significantly by state. Florida’s gun control laws are summarized in the table below.
Relevant Statutes (Laws)
Florida Statutes, Title XLVI, Chapter 790, Weapons and Firearms, Sections 790.001 through 790.401
- Section 790.01 -Unlicensed carrying of concealed weapons or concealed firearms
- Section 790.053 – Open carrying of weapons
- Section 790.06 – License to carry concealed weapon or firearm
- Section 790.221 – Possession of short-barreled rifle, short-barreled shotgun, or machine gun
- Section 790.23 – Felons and delinquents; possession of firearms, ammunition, or electric weapons or devices unlawful
- Section 790.233 – Possession of firearm or ammunition prohibited when a person is subject to an injunction against committing acts of domestic violence, stalking, or cyberstalking
- Section 790.235 – Possession of firearm or ammunition by violent career criminal
- Section 790.27 – Alteration or removal of firearm serial number or possession
- Section 790.31 – Armor-piercing or exploding ammunition
- Section 790.222 – Bump-fire stocks prohibited
- Section 790.0655 – Purchase and delivery of firearms; mandatory waiting period
- Section 790.25 – Lawful ownership, possession, and use of firearms and other weapons
- Section 790.064 – Firearm possession and firearm ownership disability
- Section 790.053 – Open carrying of weapons
- Section 790.115 – Possessing or discharging weapons or firearms at a school
Illegal Arms
The following weapons and accessories are illegal in Florida:
- Short-barreled rifles
- Short-barreled shotguns
- Machine guns
- Firearms with serial numbers altered or removed
- Armor-piercing or exploding bullets or exploding bullet loaded in a handgun
- Dragon’s breath shotgun shells, bolo shells, or flechette shells loaded in a firearm
- Bump-fire stocks
Waiting Period
Florida has a mandatory 3-day waiting period between the purchase and delivery of a firearm. The period does not include weekends and holidays. The period will extend past 3 days if a background check is not completed. The waiting period does not apply when:
- A concealed weapons permit holder purchases a firearm
- The transaction is a trade-in of another firearm
- The purchaser is buying a rifle or shotgun and has successfully completed a hunter safety course
- The purchaser is buying a rifle or shotgun and is exempt from the hunter safety course requirements and holds a valid Florida hunting license
- A law enforcement officer or correctional officer is purchasing a rifle or shotgun
Who May Not Own
A person may not own a firearm if they:
- Have been convicted of a felony, or are under 24 years of age and have been adjudicated delinquent for an act that would be a felony if committed by an adult
- Have an injunction restraining order after committing acts of domestic violence or a risk protection order that prohibits them from possessing firearms
- Are considered a violent career criminal under Florida law
- Have been adjudicated mentally defective or have been committed to a mental institution
- Are under 18. However, they may possess a firearm if lawfully hunting or with adult supervision
License Required?Florida does not require a permit or license to own a gun.
Concealed Carry License Required?
A concealed carry license is required to carry a concealed firearm in Florida.
Open Carried Allowed?
Open carry is illegal in Florida.
Eligibility for a Concealed Carry License
To obtain a concealed weapons permit, a person must:
- Be a resident and citizen of the United States or a permanent resident of the United States
- Be 21 years of age or older
- Not be suffering from a physical infirmity that prevents the safe handling of a weapon
- Not have a felony conviction
- Not have been found guilty of a drug crime
- Not have been committed for the abuse of a controlled substance
- Not chronically and habitually use alcoholic beverages or other substances to the extent that their normal faculties are impaired.
- Desire a legal means to carry a concealed weapon for lawful self-defense
- Demonstrate competence with a firearm by completing an approved safety course
- Not have been adjudicated an incapacitated person
- Not have been committed to a mental institution
- Not have had an adjudication of guilt withheld or imposition of sentence suspended on a felony or misdemeanor crime of domestic violence unless 3 years have elapsed since the conditions set by the court have been fulfilled, or the record has been expunged
- Not have been issued an injunction that is currently in force and effect and that restrains the applicant from committing acts of domestic violence or acts of repeat violence
- Not be prohibited from purchasing or possessing a firearm by any other provision of Florida or federal law
Machine Gun Laws
Florida prohibits any person from owning or possessing a machine gun that is, or may readily be made, operable, except for antique firearms or firearms that are permitted under federal law.
Penalties for Illegal Firearm Possession
Most possession of illegal firearm offenses are third-degree felonies, but illegal possession of a short-barreled rifle, short-barreled shotgun, or machine gun is a second-degree felony. Open carry of a firearm is a second-degree misdemeanor.
- A third-degree felony carries up to 5 years imprisonment and up to a $5,000 fine.
- A second-degree felony carries up to 15 years imprisonment and up to a $10,000 fine.
- A second-degree misdemeanor carries up to 60 days imprisonment and up to a $500 fine.
Penalties for Illegal Possession on or Near School Grounds
It is a third-degree felony to possess any firearm at a school school-sponsored event or on the property of any school, school bus, or school bus stop or to exhibit a firearm in a rude, careless, angry, or threatening manner within 1,000 feet of a school’s property during school hours or a school-sponsored event. A third-degree felony carries up to 5 years imprisonment and up to a $5,000 fine.
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Florida Gun Control Laws: Related Resources
- Gun Laws
- Product Liability and Guns
- The Brady Handgun Violence Prevention Act
- The National Firearms Act
Have Questions About Florida’s Gun Control Laws? An Attorney can Help
Florida laws regulating firearms can be complex especially since federal law also influences gun control issues. If you want to understand your rights and responsibilities as a gun owner, or if you have a criminal case involving guns, you should consult with an experienced criminal defense attorney in Florida.
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In the last paper, you explained the causes of our failed prison system. The intent of that paper was simply to educate in an objective manner. For this paper, you will actually be convincing your reader of something that they disagree with. Since we’re going to focus on the values or dangers of the stand your ground law, you will need to think of your reader as someone who adamantly disagrees with your position. You can be in support of aspects of the stand your ground law or recognize its drawbacks, but regardless, you need to imagine a reader as someone in opposition to you. How are you going to convince them that you are right? And that they are wrong? Will you rely on appealing to their emotion? Offering logical appeals? Will you consider Trayvon Martin? Gun control? The second amendment? Your job will not only be to inform or educate them, but also to reach them emotionally and logically.
Liberal view: https://everytownresearch.org/report/stand-your-ground-laws-are-a-license-to-kill/
Conservative: https://www.nraila.org/articles/20201230/nra-backed-stand-your-ground-legislation-introduced-in-arkansas
Short, legal description: https://www.ncsl.org/research/civil-and-criminal-justice/self-defense-and-stand-your-ground.aspx
https://www.cnn.com/2018/07/29/us/stand-your-ground-law-explainer-trnd/index.html
example of stand your ground: https://www.theadvocate.com/baton_rouge/news/article_77ae0fd8-3243-11e9-ab96-ef8393e9affa.html
New Orleans: https://thelensnola.org/2017/01/06/mcknight-killing-shows-how-louisianas-stand-your-ground-law-codifies-bigotry/
Current debate: https://www.npr.org/2021/02/04/964172326/florida-lawmakers-debate-to-repeal-infamous-stand-your-ground-law
John Oliver: https://www.theguardian.com/tv-and-radio/2021/may/17/john-oliver-last-week-tonight-recap-stand-your-ground-laws
NRA: https://publicintegrity.org/education/nra-pushed-stand-your-ground-laws-across-the-nation/
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