Biden: Trayvon case could spur Fla. gun law debate

(CBS News) Vice President Joe Biden said Florida's "Stand Your Ground" gun laws will be a topic of debate in light of the controversy surrounding the shooting of Trayvon Martin.

"It's important that people be put in a position where their Second Amendment rights are protected, but that they also don't, as a consequence of the laws, unintendedly put themselves in harm's way," Biden told anchor Bob Schieffer in an interview to air on "Face the Nation" on Sunday.

Florida's gun laws allow people to shoot in self-defense if they feel threatened. Mr. Biden, who was chair of the Senate Judiciary Committee for eight years, said that the Martin case underscores the need to ensure public safety in accordance with current gun laws.

"The idea that there's this overwhelming additional security in the ownership and carrying concealed and deadly weapons... I think it's the premise, not the constitutional right, but the premise that it makes people safer is one that I'm not so sure of," Biden said.

Watch more in the video clip above and tune in Sunday for Schieffer's entire interview with Biden during the first hour-long episode of "Face the Nation."

Also appearing on the show are Republican presidential candidates Newt Gingrich and Ron Paul. (Read more about Sunday's show.)

Check out the new "Face the Nation" website.

Read more CBS News coverage of the Trayvon Martin case

[Jim_Macklin]

To get the laws out
JUSTIFIABLE USE OF FORCE
776.012?Use of force in defense of person.
776.013?Home protection; use of deadly force; presumption of fear of death or great bodily harm.
776.031?Use of force in defense of others.
776.032?Immunity from criminal prosecution and civil action for justifiable use of force.
776.041?Use of force by aggressor.
776.05?Law enforcement officers; use of force in making an arrest.
776.051?Use of force in resisting arrest or making an arrest or in the execution of a legal duty; prohibition.
776.06?Deadly force.
776.07?Use of force to prevent escape.
776.08?Forcible felony.
776.085?Defense to civil action for damages; party convicted of forcible or attempted forcible felony.

776.032 Immunity from criminal prosecution and civil action for justifiable use of force. ?
(1)A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant. ?
(2)A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. ?
(3)The court shall award reasonable attorneys fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1). History.s. 4, ch. 2005 -27.

[TimeToEvolve]

It takes an extreme state government, corrupted by the NRA and with laws pushed by the Koch Brother ALEC to finally wake up to reality. It's too bad someone had to lose their son but if the feds will declare all those Stand Your Ground laws to be what they are (radical over reach of state authority), we will be on our way back to freedom.

[Jim_Macklin]

It takes a despotic dictatorship to deny the people a right to self-defense. Everybody, from President and V-P, down to governors, TV talking heads and even Conservative talk radio is flapping their gums.
The LAW is simple, a person of any color, any race, any religion has a right to defend their life. To that end the Florida legislature passed this law to protect the innocent person from having to spend tens of thousands of dollars when they are innocent of any wrong doing. This applies to anyone. The DA knows that, he seems to be the only voice.
776.032 Immunity from criminal prosecution and civil action for justifiable use of force. ?
(1)A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term criminal prosecution includes arresting, detaining in custody, and charging or prosecuting the defendant. ?
(2)A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. ?
(3)The court shall award reasonable attorneys fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1). History.s. 4, ch. 2005 -27.

[OIF_to_USC]

So, Joe "5 Deferments" Biden wants to have a discussion on gun control ??!! How about the "Fast and Furious" fiasco. Fast & Furious is a boiling cauldren and it is set to explode in the wake of an administration conspiracy to arm Mexican drug cartels and cover-up the deaths of at least one American Border Patrol agent and hundreds -- or thousands of Mexican police, soldiers, judges, government officials and bystanders. This administration needs to "man-up" and stop it's whining and cowering. I think they already know that they are going to lose the WH and what is left of any progressive liberalism in the Senate. It is only now a matter of whether they leave with a tiny bit of dignity -- or get dragged out crying and groveling for mercy.

[rottenideas]

Who really killed Travon Martin.?? The criminal element did.!! If there were not an epidemic of crime in Forida and the Nation due to total disregard for law and order, then this would never have happened. So to the theives and criminals before him..You killed Trevon. They know who they are.

[obamaotp]

Fast a Furious didn't work, so nobama and biden are trying to use the death of a young boy to pass their socialist agenda. Typical Alinsky tactic, Never let a crisis go to waste. Hey joe ****!

[smoky853]

Biden never knows when to keep his mouth shut. Conservatives are already in a tizzy trying to defend George Zimmerman because they are more worried about their guns than justice. Now it will get worse.

[mikethep]

Zimmerman is a registered Democrat:

http://freebeacon.com/registered-dem-killed-trayvon/

[reality_sanity]

What exactly constitutes a threat of violence that justifies use of lethal force under an SYG law. Is it different for a 60 year old than a 30 year old? Is it different for a 200lb individual and a 98lb individual? Is it different for a man or a woman? Does a person need to make some observed aggressive action or can he be shot because his fashion sense clashes with what a permit holder considers appropriate and non-threatening?

[reality_sanity]

by mikethep April 1, 2012 1:01 PM EDT
really_insane doesn't understand the problem. All he/she can do is expound on his/her unsubstantiated "stalking" theory and complain about gun laws.

----

Once again at what age does a child lose protection of stalking laws especially as it pertains to adults? Do you support pedophiles and others that would do harm to children BY NOT providing them stalker protection?

[reality_sanity]

Gun control NO. Gun licensing YES. Just like we license automobiles. With a points system to revoke gun licenses. Under the influence laws for those with carry permits. Mandatory training and proficiency tests for those desiring to hold carry permits. Use reviews that would involve determining acceptable use, teaching moments or revocation of licenses depending on the actions of the licensed individual.

[mikethep]

Who says there was stalking?

I must have missed the official decision on that.

[reality_sanity]

The debate between the authors and the police chief / original prosecutor was over whether or not pursuit negated a self defense claim. The authors of the law (ORIGINAL INTENT) is that pursuit/stalking NEGATES any claim of self defense. The issue is not specific to this case it is a significant general principle of an SYG law.

[WooHoooman]

Biden has the IQ of a potato. He is clearly offering his uninformed opinion about owners getting shot by their own gun.

Why does government try to con us with the line that they want to protect people from themselves?

We own GUNS because we DON'T TRUST GOVERNMENT!!

[reality_sanity]

Owning guns does not grant anyone the privilege to stalk and shoot others in any state of the union. I know of no states that issue hunting permits for human beings.

[WooHoooman]

Hey really_insane - What are you saying?

We are all talking about the right to bear arm not stalking.

[reality_sanity]

George stalked an unarmed 17 year old child (unable to have a ccw permit in Florida) for over 5 minutes before shooting him. How long should an adult be permitted to stalk an unarmed child in this country? At what age does a child lose legal protection from adults stalking them in this country?

[mikethep]

really_insane doesn't understand the problem. All he/she can do is expound on his/her unsubstantiated "stalking" theory and complain about gun laws.

[reality_sanity]

If you accept the police chief's and the original prosecutor's version of the law it is a RIGHT TO STALK a victim. If you accept the ORIGINAL INTENT version of the authors of the SYG law stalking negates any self-defense claim under the law. The issue is very much whether SYG laws condone vigilantes pursuing and hunting down people or whether the SYG laws are limited to staying put and a defensive/protective posture.