Florida Governor Proposes Anti-Mob Legislation, Much Needed Reform

Image from indystar.com video , cropped, scaled, arrows and lettering added by Dean Weingarten

U.S.A.-(AmmoLand.com)- Florida Governor DeSantis' administration is proposing a legislative fix to allow innocents to defend themselves and their property against rioting groups. The legislation targets violence by groups against private property and the flow of vehicular traffic, among other things.

2020 has been torn by violent riots in many Democrat-controlled cities. One of the favored tactics by rioters, to gain attention, disturb the peace of uninvolved people, and demonstrate their power, is to take over public spaces, and destroy public and private property. Part of this tactic has been to block the public roads, detain and threaten vehicular traffic, to provoke motorists into action out of panic, then claiming the rioters are acting in self-defense when they beat, shoot, or kill the motorists.

From news4jax.com:

The proposal would also increase criminal penalties for people involved in “disorderly assemblies,” make it a third-degree felony to block traffic during protests and provide immunity to drivers who “unintentionally” hit protesters blocking traffic.

“One of the pros is that it creates immunity and protection for people who have to escape from a violent encounter if their car is surrounded, for example,” constitutional attorney Eric Friday told News4Jax, saying there are positives and negatives in the draft legislation.

The Bill of Rights includes, in the First Amendment the right of the people to peaceable assembly. From the Constitution:

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

CNN's Chris Cuomo does not seem to have read the First Amendment. He asked where it said protesters are supposed to be polite and peaceful:

“And please, show me where it says protesters are supposed to be polite and peaceful.”

There is no right to destroy property and violate the rights of other people, not in a Constitutional republic designed to protect individuals and their rights. The ever-changing dogma of the Left does not believe in individual rights or private property. They believe in government power.

Sometimes the riots have been aided by local governments who prevent police action. It is generally illegal to block public roads, but, in most jurisdictions, pedestrians have the right of way.

If demonstrators have obtained a permit for a demonstration which includes the public right of ways, such as streets, roads, or highways, it is legal for them to block the roads. In Texas, it is legal for them to do so without a permit until the police have ordered them to leave the roadway.

This leaves motorists who happen upon people blocking roads in a legal quandary. Do they allow mobs to block them, essentially detaining them against their will, and making them vulnerable to harassment, destruction of their vehicle, beating or death; or do they use the power of their vehicle or private arms to escape the illegal confinement?

Private conveyances have become such an integral part of daily life, the laws have not addressed the potential of masses of people to detain and attack strangers while loudly proclaiming their innocence, for obscure political reasons, primarily meant to destroy the existing political order.

The proposed Florida legislation by Governor DeSantis would be in Chapter 870 of the Florida statutes. Here are the highlights:

Violent or disorderly assemblies are defined as those who act with at least six others, knowing the conduct of the assembly:

  • creates an immediate danger of damage to property or injury to persons
  • substantially obstructs law enforcement or other government functions or services
  • by force, the threat of force, or physical action deprives any person of a legal right or disturbs any person in the enjoyment of a legal right
  • It is a defense to prosecution of the assembly was first peaceful, that when one of those assembled manifested an intent to engage in prohibited conduct, a person retires from the assembly

As for vehicles:

  • A person may not obstruct or interfere with the regular flow of vehicular traffic on a public road, street, or highway during a protest or demonstration (without a permit)
  • A motor vehicle operator who unintentionally causes injury or death to a person who obstructs or interferes with the regular flow of traffic, in such circumstance, is not liable for such injury or death.

There is more, such as:

  • making it illegal for people to throw things at others during such assemblies or protests
  • removing benefits from people who are convicted of participating in such violent assemblies or protests
  • firing government employees who participate in them.

If public highways and roads are to be legally used for protests, they need to follow existing rules. Those generally require notice be given in advance, bonds posted, and roads blocked prior to the protests, to protect both protestors and motorists.

The proposed legislation seems a reasonable means to allow legal defenses against organized groups of agitators.

There is no right to destroy property and endanger others to enforce a mob's will against the majority.

The ability to travel in reasonable safety is a hallmark of civilization. The blocking of public right of ways without legal consequences shows mob rule and the breakdown of the civil order.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

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tetejaun
tetejaun
15 days ago

The Second Amendment is THAT legislation. What is lacking is a country wide lack of guts. Three cities in the U.S. had armed Americans stand against the BLM Marxists and the communist antifa terrorists. I was at one of these stand-downs. I have told you about it. We stood our ground and the communists backed down and left. Cowardice keeps Americans docile and compliant, meanwhile, the communist terrorists are robbing, raping, murdering and burning. Americans always want SOMEONE ELSE to do the work, the heavy lifting with all its attendant uncertainties and danger, rather than do their civilian responsibility and… Read more »

Last edited 15 days ago by tetejaun
Camotim
Camotim
16 days ago

Fredo has never read the US Constitution.

JayDubya
JayDubya
16 days ago

There may be some unintentional consequences to drivers in this proposal, but it’s a great step forward to stopping these leftist felons who continue to get away with their criminal actions. Hopefully, the legislature will work it all out and it will spread to other states quickly. It will be very nice to see these domestic terrorists get a kick in the ass — or worse.

Tionico
Tionico
16 days ago

making it illegal for people to throw things at others …………….. this is already illegal, but this clearly codifies this conduct. Should not be necesary but the crybabies doing these things will pretend their “innocence” and thus try and escape consequences. removing benefits from people who are convicted of participating ……… Perfect.Some real teeth that will hurt. As it is now, arrest and subsequent release on bail or word lets them back to do it again thisafternoon. DA’s can drop charges, etc, so no real consequences. Cutting off their gravy train WOULD have its own sting. firing government employees …………….… Read more »

Last edited 16 days ago by Tionico
WI Patriot
WI Patriot
16 days ago

The simple fact is, that if you stand in front of my vehicle, guns drawn, I WILL take that as a threat to my personal safety, and there will be dire consequences…I have an attorney, a dashcam, and a will to survive…

Will
Will
16 days ago
Reply to  WI Patriot

The socialist scumbags really do enjoy playing in the streets blocking traffic! It’s about time to turn these parasites into road kill! Probably close to 100% of these douche bags can’t legally own firearms anyway. Put the scum out of their misery once and for all!

Laddyboy
Laddyboy
14 days ago
Reply to  Will

“these douche bags can’t legally own firearms anyway” — You mean like the FELLON, Gaige Grosskreutz , who’s elbow was blown-out in Kenosha? Who has YET to be charged with a FEDERAL CRIME for possessing a firearm AGAINST THE LAW!!!!

Rock
Rock
16 days ago

The “fella” in the too tight-too small GAY YELLOW TIGER print is the perfect example of a CLUELESS, BLM backing, ASSHOLE… He (?) is a REAL “standout” dickbag….The yellow goes great with the red/black/white shoes ! He has his knee pads on too just incase a R-E-A-L BLACK LIVES MATTER brother needs head ? Just block a road for any reason. Ironic, when the BLM gang marches they shout “KILL THE WHITES?” Aren’t these idiots WHITE ??? One wrong word or movement and THEY will be killed/beat, they will NEVER be BLACK !!!! Brainwashed assholes like TIGER and his buddy… Read more »

Luv2shoot
Luv2shoot
16 days ago

But finally a governor with some brains and is at least attempting to stop these riots. When a few of them get killed they’ll learn to stop blocking people.

Winchester1873
Winchester1873
16 days ago

Liberal women are against this big time. They identify with the useless broads who riot and cause damage.

nrringlee
nrringlee
16 days ago

Brandishing a firearm is illegal in many states. It needs to be redefined as a felony level assault. Assault with a vehicle is assault with a deadly weapon. Blocking traffic on a public way is a civil rights violation. Sue antifa and blm for same. Most Castle Doctrine states define relative potential for inflicting of deadly force as a mitigating factor in judging application of deadly force. In essence, if you are a 70 year old disabled vet and you are faced with five thugs swinging skateboards then unloading four of your 1911 magazines in to them is justifiable. So… Read more »

Dubi Loo
Dubi Loo
16 days ago
Reply to  nrringlee

Who determines what exactly constitutes brandishing? Is it merely removing your weapon from the holster? Low ready? High ready? It’s a slippery slope that you want to be a felony? I do agree with the rest of your post.

RoyD
RoyD
16 days ago
Reply to  Dubi Loo

https://www.uslawshield.com/warning-shots-oklahoma/

“Pointing A FirearmAs of 2017, pointing a firearm in self-defense became legal. The Oklahoma legislature sanctioned pointing a firearm in self-defense when a person is threatened with grievous bodily injury or death, or in response to criminal acts such as a robbery, mugging, carjacking, kidnapping, or other forcible felonies.”

Tionico
Tionico
16 days ago
Reply to  Dubi Loo

in my state, brandishing is clearly and specifically defined. It includes either handling or drawing attention TO my firearm IN SUCH A MANNER as to instill fear in others who are not aggressing against me. If my coattail gets blown up by the wind and someone can SEE my gun, that is NOT brandishing. If I take my hand and sweep that coattail aside revealing my piece, with the apparent attempt to let him know I have it so as to make him fear me, than I have brandished my weapon. in a case where I face a clear and… Read more »

Dave in Fairfax
Editor
Dave in Fairfax
17 days ago

“A motor vehicle operator who unintentionally causes injury or death to a person who obstructs or interferes with the regular flow of traffic”.
Now there’s a problem. It will be argued that anyone trying to get their vehicle out of the blockage is hurting people intentionally. If you are blocked you HAVE to move, that takes intent, and when people are not going to move your intent will be to push/hit them out of the way. Another poorly written bill.

Finnky
Finnky
16 days ago

– “I was laying on the horn and moving slowly enough for them to easily move out of the way. My intent was to remove myself from the situation, they threw themselves in front of my car. I had no intention of striking anyone.”

Just like the left, play the victim and whine. It’s not a good look, but if your lawyer thinks it will work, play it up.

Dave in Fairfax
Editor
Dave in Fairfax
16 days ago
Reply to  Finnky

Finnky,
That’s exactly the problem. They set up the problem, stage manage the response to an attempt to leave, and the driver gets charged with intent.

Knute
Knute
16 days ago

Such is also called: Problem, reaction, solution. Also known as the “Hegelian Dialectic”, named after Georg Hegel, the originator of this mental conditioning technique.https://ascensionglossary.com/index.php/Problem,_Reaction_and_Solution

tetejaun
tetejaun
15 days ago
Reply to  Knute

Gee, I have only talked about the Hegelian Dialectic for 3 years on this board.

Tionico
Tionico
16 days ago

four way flashers on and honking one’s horn will provide the necessayr wrning to the road-blockers that they are inhibiting my escape. Dropping the windoesan inch or so makes them far more difficult to shatter, another sign of fear of physical harm or attack.