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Should you have any questions concerning the candidate questionnaire, or are uncertain about any
question or any issue, PLEASE DO NOT GUESS, please contact us. There are no trick questioru.
Please complete the questionnaire and return it as soon as possible. Time is of the essence.
COMPLETED QUESTIONNAIRES MUST BE RETURNED BY JULY 14, 2016.
FAX Questionnaires to:
(850) 222-9059
USFinfo@aol.com
Marion P. Hammer
Executive Director
NRA Past President
UNIFIEDSPORTSMENOF FLORIDA
(First)
(Middle)
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UNANSWERED
QUESTIONS
are mded as a responseapinst SecondAmendment
rf&hts.
1. Do you agree that the Second Amendment to the U.S. Constitution and Article I, Section 8 of the
Florida Constitution guarantee a fundamental individual right to keep and bear arms?
a.
b. -2.
The Florida Constitution (Article I, Section 2) guarantees basic rights to all natural persons including
the right to defend life and protect property. Do you believe that an individual has the right to use
deadly force in defending himself or herself and family, home and property from criminals?
a.
b. -3.
Yes.
No.
Do you believe requirin~ a defendant to prove his innocence at any point in a criminal proceeding
is consistent with the pnnciple that all defendants are innocent until proven guilty?
a.
-b.
-4.
Yes.
No.
No, it is a fundamental principle that when the state charges a person with a crime, the
state has the burden of proof.
Yes, forcing the defendant to prove innocence is less work for Prosecutors.
Do you acknowledge that the Legislature makes the law, State Attorneys enforce the law and that
upon taking the oath of office; a State Attorney swears to J.!Pholdthe Constitution and the law
and not use tax dollars to tiy to change the law because of personal political views against
constitutional protections or for the convenience of Prosecutors?
. a..__
b.
--
5. Prior to 2005 -with no legislative authority - Courts and Prosecutors had usurped the individual right
of a person to protect himself or herself and family from violent predators who break into their homes
Courts were imposing a "duty
and vehicles, or attack them on the streets. By using Juryinstructi.ons,
to retreat" on victims who had been violently attacked. Courts were favoring criminals by p::~~:r
law-abiding victims for failing to nm. before exercising self-defensive action against a violent .
Self-defense is well established in common law (w/origins in Roman law) and it provides that a man's
home is his castle and he may use all manner of force, including deadly force, to protect it and its
inhabitants from attack, without a duty to retreat.
In 2005, the Florida Legislature codified common law into statutory law and passed"Castle
Doctrine/Stand Your Ground" legislation to protect the rights of victims. Now, anti-gun aftators,
who oppose self-defense, are working to destroy the freedom and rights of innocent victims ID favor
of protecting violent criminals.
Do you agree that no victim of crime should be required to surrender his life, health, safety, personal
dignity, autonomy, or property to a criminal, nor should a victim be required to retreat ID the face
of attack from any place he or she has a right to be?
a.
Yes, I believe the "Castle Doctrine/Stand Your Ground" is appropriate and victims have
a right to fight back without a duty to retreat.
b.
No, I oppose the "Castle Doctrine/Stand Your Ground" and believe victims should
surrender to criminals or retreat to avoid fighting back.
---
6.
To circumvent the "Castle Doctrine/Stand Your Ground" law, a few Judges and Prosecutors conspired
to negate the immunity and self-defense protections provided by the Legislature. They created a
special hearing for self-defense cases and removed the fundamental presumption of innocence by
requiring citizens to prove they acted in self-defense.
As a result, if you defend yourself against an attacker, you may be charged with a crime and forced
to prove you acted in self-defense. Now, a Prosecutor can simply refuse to acknowledge the right of
self-defense, put a person in jail, force that person to hire a lawyer and prove they were the victim
and acted in self-defense.
Last session, legislation to put the burden of proof back on the state passed the Senate but was
blocked from getting to the House floor by a Committee Chairman -- a former Prosecutor - who
refused to let the bill be heard and put to a vote in committee. The bill will be back in 2017. Will
you support legislation to put the burden of proof back on the state in self-defense cases?
a.
b.-7.
Yes, I believe the presumption of innocence is a fundamental right that must be restored.
No, I believe Prosecutors and Judges should be able to circumvent laws they do not like.
The Florida Bar places special responsibilities on Prosecutors: 1.) to seek justice, not just convictions;
2.) to be a minister of justice, not simply a finder of guilt; 3.) to accept mnocence and refrain from
prosecuting a charge that a prosecutor knows is not supported by probable cause.
Do you pledge to uphold this duty and to train and monitor all of the Assistant State Attorneys to
ensure they are complying?
a.
b.--
a.
b.--
--
Yes.
No.
Page 2 of 4 - NRA/USF 2016 Florida State Attorney Candidate Questionnaire
9.
Some Prosecutors use the "Low Hanging Fruit" principle to improve conviction numbers or the
number of cases they "clear" by threatening to prosecute people who have acted in self-defense. H they
can't make a case, they try to extort plea bargains.
Do you believe it is proper for Prosecutors to pressure defendants into accepting plea deals by
threatening them with long sentences if they go to trial?
a.
No, I would not allow it. The Florida Prosecuting Attorneys Association (FPAA) website
highlights that a Prosecutor's duty is "Prosecuting Crime, Protecting People," not
Prosecuting People, Creating Crime.
b.
Yes, when Prosecutors have a hard time making or can't make a case, plea bargains are
more convenient and I believe it's OK to use any means necessary to put people in prison.
10. Cronyism among elected and appointed public officials frequently circumvents justice because some
State Attorneys refuse to investigate and prosecute other public officials even when it is clear that
violations of the law have occurred. Do you understand that NO ONE is above the law and will you
investigate public officials when complaints of violations are brought to your attention and prosecute
them just as vigorously as-you would prosecute a non-public official if the law has been violated?
a.
b.
No, I believe those who "serve the public" deserve special consideration.
11. During the 2011 legislative session, legislation was introduced to protect concealed weapons/firearms
(CW) license holders against harassment and prosecution, if in the course of carrying concealed, a
firearm was accidentally, inadvertently or unintentionally exposed to public view.
The legislation was opposed by the Florida Sheriffs Association, so in good faith we agreed to
modified language to protect CW license holders if a firearm was briefly exposed -- with the caveat
that if the harassment continued, new legislation would be pursued to provide for legal open carry.
Unfortunately, our good faith was misplaced and the problems continue. Clearly, allowing license
holders to also carry openly is the ONLY way to protect citizens from law enforcement abuse.
Do you agree that persons licensed by the state to carry a concealed firearm should be legally allowed
to carry openly?
b.--
b.
a.
12. Do you believe Courts should be able to take into consideration, the plea bargains offered by
Prosecutors when determining criminal sentences?
a.
Yes, the Court has a right to know any deals that Prosecutors have offered.
b.
13. Do you believe it is appropriate for taxpayers to pay for lobbying expenses for public officials and
associations and other groups with whom they disagree?
a.
b.--
No.
Yes.
14. Licenses to carry Concealed Weapons & Firearms are only issued to adults who are 21 years of aee
or older. Do you believe the constitutional right of self-defense does not end on the campus of a
college or university and that anti-gun school administrators should stop discriminating against person
licensed by the state to lawfully carry firearms for self-defense?
a.
Yes, I believe colleges and universities should be stopped from banning the carrying of
firearms lawful self-defense on campuses.
b.
No, I believe colleges and universities have a right to ban whatever they choose. Please
Explain:.
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15. Are you a member of the National Rifle Association, Unified Sportsmen of Florida, or any other
firearm/sporting organization?
a.
b.
No.
PLEASEANSWERALL QUESTIONS.
Ouestions that are not answered will be mded as a response against Second Amendment rights.
If you need additional information on any question, please contact: Ms. Marion P. Hammer, Executive
Director, Unified Sportsmen of Florida at (850) 222-9518.
--- CANDIDATE'S COMMENTS -(Please use additional sheets for additional commentsyou might have on any question or issue.)
CONFIRMATION
It is Inappropriatefor a campaign worker to fill out answersor sign this questionnaire.This signature
Is the signatureof the candidate and atteststhat responseson this questionnaireare the honestviews
of the CANDIDATEand accurately reflect positions that will be takenif elected.
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Unified Sportsmen of Florida