In 2011, Jared Bretherick was riding in a car with his family near Orlando when another vehicle, driven by Derek Dunning, nearly sideswiped their vehicle.
After a brief confrontation, during which Bretherick’s father called 911 and revealed a holstered weapon, Dunning returned to his car and began backing it up toward the Brethericks. When deputies arrived on the scene, Bretherick was pointing his father’s gun at Dunning’s SUV. He was arrested and charged with aggravated assault.
In his initial court hearing, Bretherick sought legal immunity under Florida’s “Stand Your Ground” law. The statute, which gained national attention following the Trayvon Martin incident, protects individuals who use weapons in self-defense or in defense of others from prosecution.
Bretherick’s request for immunity was denied, but he has managed to appeal his case all the way to the Florida Supreme Court.
If the Court rules in Bretherick’s favor, gun owners would no longer have to prove that they were acting in self-defense when they brandish or use their weapons in violent confrontations. Instead, prosecutors would have to prove that the individual in question did not act in self-defense, a extraordinarily difficult burden of proof.
There is no indication that Bretherick’s life was threatened at any point during this confrontation. Despite the fact that he claims Dunning said he had a gun, the only weapon found on scene was the one in Bretherick’s hand.
Fortunately, he never fired his weapon, but it is very possible that he might have if deputies had not arrived when they did.
Unsurprisingly, the National Rifle Association has filed a brief in favor of Bretherick. As an organization heavily funded by gun manufacturers, the NRA has no interest in whether weapons are used in self-defense. Its primary interest is that more weapons are used and sold, meaning more money for gun manufacturers and the NRA.
The simple fact that this case has standing in a court of law demonstrates how far off track Florida’s gun policy has become. At every turn, judges and NRA-supported lawmakers encourage loosening of Florida’s gun restrictions, leading to an increase in unnecessary violent confrontations.
Without a doubt, Floridians should have the right to appropriately protect themselves and their families when their safety is threatened. However, the brandishing or firing of a weapon is an extremely serious matter. People who engage in such an act should be required to justify their actions if there is doubt about whether they were warranted.
If the Florida Supreme Court changes the burden of proof for “Stand Your Ground,” it will make Floridians less safe by encouraging the escalation of violent confrontations. The law is unclear and inconsistently applied as is; making this change would only be asking for more trouble.
[A version of this story ran on page 6 on 12/3/2014]
