Miami-Dade Circuit Judge Milton Hirsch issued a ruling that Florida’s new law easing the burden of proof on the defendant in “Stand Your Ground” self-defense cases is unconstitutional. “As a matter of constitutional separation of powers, that procedure cannot be legislatively modified,” Hirsch wrote.
Former NRA President Marion Hammer fired back against the ruling in a statement to the Sunshine State News. “This is a whole new level of judicial activism,” Hammer stated. “Judge Hirsch made a unilateral decision to attack the constitutional authority of the Legislature to pass laws even though neither of the attorneys in the case asked him to rule on such an issue.”
Florida Attorney General Pam Bondi said that her office would appeal the ruling, and the NRA may do the same. Hammer concluded, “Bottom line, I know of no basis for a judge to rule on the constitutionality of a law that neither the defense nor the prosecution is challenging.”