Tallahassee Alert
Stop HB 311, this bill will be worse than the Red Flag Law!
HB 311 will be heard in the House Judiciary Committee today, Wednesday, February 26th.
HB 311 amends Florida Statute 790.162 and deals with criminal arrests of people that threaten to cause harm to other people or groups of people with firearms or any destructive device.
Unfortunately, HB 311 is similar to Florida’s Red Flag Law, where the state could start dragging people into court without much evidence.
HB 311 does not require the state to prove the existence of an actual firearm or weapon, nor a person’s actual intent or ability to carry out the threat. As long as the state proves that the defendant threatened to use a firearm, whether he or she has the actual ability to carry out the threat, it has met its burden.
The US Supreme Court has ruled that a threat without showing the person’s actual intent and ability to carry out the threat is not enough to charge someone.
House Judiciary Committee: (850) 717-4850
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