No-retreat gun bill ready for signature

Gov. Jeb Bush said Tuesday he will sign a bill that critics have said threatens to turn Florida into the OK Corral.Passed 94-20 by the House Tuesday, the bill does away with the legal duty to retreat from an attack and allows a citizen to meet force with force, including deadly force if necessary. Proponents, including the National Rifle Association, say it's about protecting law-abiding citizens. The governor agreed.

"I'm comfortable that the bill is a bill that relates to self-defense," Bush said. "It's a good, common-sense anti-crime issue."

The bill, which would take effect Oct. 1, puts into law the so-called "castle doctrine" that allows Floridians to shoot if they're attacked in their home or cars. It also extends those rights to public places so that people who feel threatened can use deadly force to protect themselves rather than try to flee or avoid a conflict. People who shoot in self-defense could not be arrested without probable cause.

Rep. Dan Gelber, D-Miami Beach, said the bill "legalizes dueling." Rep. Irv Slosberg, D-Boca Raton, said this bill would "sell more guns and turn the state into the OK Corral."

Supporters mocked the opposition's arguments as baseless exaggerations.

Rep. Jeff Kottkamp, R-Fort Myers, warned criminals of the consequences. "You should be afraid. If you prey on law-abiding citizens, they will fight back."

Max Lankford, owner of Hot Shot Indoor Shooting Range in Holly Hill, believes the bill would be a boon for gun owners to protect themselves outside of their homes.

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"An armed society is a polite society," Lankford said. "I don't believe people are going to run around shooting people. It's not going to be the 'Wild West' in Florida."

Christopher Slobogin, a University of Florida law professor, said in a telephone interview that he believed the impact would be mostly symbolic. He doubted whether people stop to consider their rights during the heat of the moment.

"You either attack or you don't," Slobogin said.

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But Robert Batey, a Stetson University law professor, said most states weigh the "retreat principle" as a factor in criminal proceedings. He said the new law would put Florida in the minority.

"This is an extreme view," said Batey, who fears there will be more death and killing of innocent victims if the law takes effect.

State Rep. Dennis Baxley, R-Ocala, noted the bill had the wide backing of law enforcement organizations and Attorney General Charlie Crist. The bill passed in the Senate last month with a 39-0 vote.

"Now aren't we rushing off to a wild land?" Baxley said sarcastically.

Baxley also noted that citizens must have some reasonable fear of eminent danger before opening fire.

"You can't shoot somebody because they don't look like you," he said.

jim.haug

@news-jrnl.comStaff writer Mark Luckie and The Associated Press contributed to this report.