Gun Control & RKBA

Florida's updated "Stand Your Ground" self-defense law is unconstitutional, a Miami judge ruled on Monday.

Miami-Dade Circuit Judge Milton Hirsch ruled that lawmakers overstepped their authority in creating the law this year that forces prosecutors to disprove a defendant's self-defense claim at a pre-trial hearing.

The judge ruled that under Florida's constitution, that change should have been crafted by the Florida Supreme Court, not the Legislature.

"As a matter of constitutional separation of powers, that procedure cannot be legislatively modified," Hirsch wrote in a 14-page order.

http://www.tampabay.com/news/courts/criminal/judge-rules-floridas-new-stand-your-ground-law-is-unconstitutional/2329210