In April, Florida’s 2nd District Court of Appeal ruled that a man who used an illegal firearm in a murder could use the “stand your ground” defense, even though the law supposedly doesn’t apply to someone engaged in “unlawful activity.” In this case, the unlawful activity was being a felon in possession of a gun.
The judges ruled, however, that the defendant “established by a preponderance of the evidence that his use of force was justified to prevent his imminent death or great bodily harm as provided for in (the stand your ground law.)” The judges noted that their ruling conflicts with a 2012 decision by the 4th District Court of Appeal stating pretty much the opposite. Certifying that conflict, the 2nd DCA asked the Florida Supreme Court to resolve it.
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