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spin

(17,493 posts)
16. It isn't quite that simple ...
Thu Mar 15, 2012, 03:18 PM
Mar 2012
The 2011 Florida Statutes
JUSTIFIABLE USE OF FORCE

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—


(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

***snip***

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.emphasis added
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.013.html


The new law removed the duty to retreat if attacked and is often called the 'Stand Your Ground' law. Under both the old and new versions of the self defense you can use lethal force to stop an attack that would lead to serious injury or death, but under the old law you could be prosecuted if you hadn't made some effort to retreat. Running from a thug with a gun is an acceptable tactic but it may lead to you being shot in the back. Many feel that your chances of surviving such an attack are higher if you stand your ground and fight. There are good arguments on both sides of this issue.

Use of Deadly Force for Lawful Self-Defense

Q. Are there special laws that apply to the use of Handguns?

A. Yes, special laws apply anytime anyone uses deadly force, whether or not the weapon is concealed. Florida law defines deadly force as force that is likely to cause death or great bodily harm. When you carry a handgun, you possess a weapon of deadly force. The law considers even an unloaded gun to be a deadly weapon when it is pointed at someone.

Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.
http://licgweb.doacs.state.fl.us/weapons/self_defense.html


If you shoot someone on the street the police will investigate. You will face prosecution if they believe that you used lethal force without good reason. It's quite possible that a jury will determine your fate.

Of course this law is disliked by most of the media and groups who oppose firearm ownership and the current nationwide trend to allow honest citizens to legally carry firearms.


Recommendations

0 members have recommended this reply (displayed in chronological order):

The Castle Doctrine RockaFowler Mar 2012 #1
Castle doctrine laws have nothing to do with this. TheWraith Mar 2012 #5
This is a tiny extension of the Castle Doctrine Doctor_J Mar 2012 #24
Blatant falsehood... ProgressiveProfessor Mar 2012 #32
Actually, this is the "Stand Your Ground" doctrine. If you feel threatened, commence firing. 11 Bravo Mar 2012 #26
The main difference between the newer version of the law... spin Mar 2012 #43
Only if they needed killin'. eppur_se_muova Mar 2012 #2
No, you can't. TheWraith Mar 2012 #3
This was... butterfly77 Mar 2012 #34
FYI, the shooter in this case was Hispanic. Egalitariat Mar 2012 #40
He's comin' right for us! OriginalGeek Mar 2012 #4
I'll probably just stay out of FL along with TX and a few other southern places MoonRiver Mar 2012 #7
Well that is certainly your choice OriginalGeek Mar 2012 #8
Being black in Florida is dangerous. Lint Head Mar 2012 #6
1923 NCTraveler Mar 2012 #13
Dead 17 year old. 2012. Lint Head Mar 2012 #29
? NCTraveler Mar 2012 #44
here CreekDog Mar 2012 #51
It means racism is alive and well in Florida today not just 1923. Lint Head Mar 2012 #53
Well, unless my husband is HOME HockeyMom Mar 2012 #9
Thought somebody posted that this is currently being investigated. sinkingfeeling Mar 2012 #10
Only if they're black and frighten you. MineralMan Mar 2012 #11
That is it in a nutshell. nt hifiguy Mar 2012 #18
They have to be carrying Skittles jmowreader Mar 2012 #46
Only if you're white. Comrade Grumpy Mar 2012 #12
Shooter was hispanic in this case. I realize yours was a knee-jerk reaction, but you should Egalitariat Mar 2012 #41
With a name like Zimmerman he might be Jewish as well slackmaster Mar 2012 #50
Shooter was named George Zimmerman. Some newspapers called him Hispanic (I don't know why). Comrade Grumpy Mar 2012 #54
Well, good. woo me with science Mar 2012 #14
Non-sequitur of the day. MineralMan Mar 2012 #15
Thank you, board monitor. woo me with science Mar 2012 #17
Nope. Just a thread reader who is willing to MineralMan Mar 2012 #19
Don't worry, woo me with science Mar 2012 #22
Trust me, we all got the point, and MineralMan identified it quite succinctly. 11 Bravo Mar 2012 #27
No, actually that wasn't the point at all. woo me with science Mar 2012 #28
Facepalm-worthy as ever. Number23 Mar 2012 #31
That leads me to wonder if a President could get a concealed carry license ... spin Mar 2012 #45
A president wouldn't NEED a concealed carry license jmowreader Mar 2012 #47
It isn't quite that simple ... spin Mar 2012 #16
Shhhh! You'll ruin the narrative. Don't you know this is how the SOUTH is? cherokeeprogressive Mar 2012 #36
Actually Budweiser or Miller lite is far more popular than BPR in the areas ... spin Mar 2012 #38
Well I have to admit that I haven't lived there since the 80's... cherokeeprogressive Mar 2012 #39
Perhaps people will start claiming they were an "enemy of the state". n/t hughee99 Mar 2012 #20
Wow. That case has been closed already? The shooter was exonerated? Nye Bevan Mar 2012 #21
The local police department closed it. MoonRiver Mar 2012 #25
That case? ManiacJoe Mar 2012 #30
Case has been turned over to the State AG by the police ProgressiveProfessor Mar 2012 #33
As you may or may not know, the Police don't necessarily decide who to charge with a crime in... Egalitariat Mar 2012 #42
the one upside I see Doctor_J Mar 2012 #23
You think "the gun people" are stupid, but feel the need to clue in DUers parenthetically cherokeeprogressive Mar 2012 #37
Of course.. why do you think I live here..... Fla_Democrat Mar 2012 #35
I wish I could reach out through the 'Net and shoot writers who misuse hyperbole slackmaster Mar 2012 #48
Honestly, no we can't. I asked. flvegan Mar 2012 #49
Sounds like the perfect excuse to murder blacks and gays. Odin2005 Mar 2012 #52
In Florida, you can bomb an airliner killing women and children and walk the street freely Major Nikon Mar 2012 #55
Latest Discussions»General Discussion»Apparently, in FL you can...»Reply #16