General Discussion

AtheistCrusader

(33,982 posts)

73. You cannot fire a warning shot in Florida.

Mon Apr 23, 2012, 11:52 AM

Apr 2012

20 year mandatory minimum.

If you are in fear for your life, you can shoot someone. The courts presume that you are not in fear for your life if you move the muzzle of your firearm in a 'safe direction' AWAY from the threat, and discharge it.

I don't have a complete list of states where this is the case, but New Hampshire is another. I think Washington State as well.

If you are in fear for your life, you shoot the threat, or you don't shoot at all. You'll not find a self defense instructor in this country that advocates otherwise.

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Abused wife "stands her ground", faces 20 years in prison [View all] Liberal_in_LA Apr 2012 OP

Well she wasn't white or male... lilithsrevenge12 Apr 2012 #1

Bingo! nt Quixote1818 Apr 2012 #4

I grew up in Florida and plan to return soon, but this stuff freaks me out... polichick Apr 2012 #10

You got it dballance Apr 2012 #15

and I'm not holding my breath for the NRA to dump millions in her defense fund, either Blue_Tires Apr 2012 #23

Double bingo! n/t tooeyeten Apr 2012 #43

OMIGOD Baitball Blogger Apr 2012 #2

Goodness that was only a warning shot too. The ass is still alive. dkf Apr 2012 #3

She didn't even shoot anyone catchnrelease Apr 2012 #5

If you are going to own a gun, I think she did exactly what she should have done Glimmer of Hope Apr 2012 #8

So you think she should go to jail for twenty years for it? That's what her choice of action got her saras Apr 2012 #12

What are you talking about?!?!?! Taylor Smite Apr 2012 #19

you misunderstood completely. robinlynne Apr 2012 #20

No saras didn't. Clames Apr 2012 #60

Err, it's generally discouraged to fire a warning shot 4th law of robotics Apr 2012 #25

Really, really bad idea. I hope you don't own a gun, and please refrain from Egalitarian Thug Apr 2012 #35

In theory true. AtheistCrusader Apr 2012 #74

You cannot fire a warning shot in Florida. AtheistCrusader Apr 2012 #73

20 years in prison for defending herself against an abusive husband? What is this, 1913 Mississippi? AverageJoe90 Apr 2012 #6

She's on trial 4th law of robotics Apr 2012 #26

Wrong. She was found guilty and is awaiting sentencing. Moosepoop Apr 2012 #44

Oh ok, I must have misread it 4th law of robotics Apr 2012 #47

The SYG law doesn't cover warning shots. AtheistCrusader Apr 2012 #75

Who didn't see this coming... Walk away Apr 2012 #7

Oops, she wasn't white, male and a member of the NRA. polichick Apr 2012 #9

+1 I've been waiting for freepers to appear en masse to defend TBF Apr 2012 #38

Shooting a round into the ceiling instead of the center of mass of her assailant was a mistake slackmaster Apr 2012 #11

Given our current courts and laws, you're right, and more bullets is better. Proves you were afraid saras Apr 2012 #13

Yelling �Bitch I will kill you!� and charging at her would certainly justify her shooting him slackmaster Apr 2012 #17

Warning shots are dangerous to innocent bystanders. hack89 Apr 2012 #22

How would that have made her situation better? nm rhett o rick Apr 2012 #27

It would have been an actual use of deadly force, rather than a frivolous discharge slackmaster Apr 2012 #29

Do I understand that you are suggesting that she should have killed him rhett o rick Apr 2012 #32

The idea is Rittermeister Apr 2012 #53

I agree she shouldnt have brought a firearm into play. Too many cases of people rhett o rick Apr 2012 #58

Please don't misconstrue what I wrote, rhett o rick. You may not have had any formal training... slackmaster Apr 2012 #65

No, no, no. Not "shoot to kill." You don't EVER shoot to kill. Shoot to kill is Hollywood fantasy. slackmaster Apr 2012 #64

The very fact that she had a protective order against him PotatoChip Apr 2012 #69

Every reason to defend herself. Unfortunately a successful "threat"... TheMadMonk Apr 2012 #72

No, she should have either SHOT him or not fired the weapon. slackmaster Apr 2012 #63

Not a human reaction. FlaGranny Apr 2012 #66

Riding a bicycle isn't a normal human behavior either, but people can easily be trained to do it. slackmaster Apr 2012 #68

Jesus! So if you kill someone you're off the hook, while if you don't even graze someone Crunchy Frog Apr 2012 #54

You are off the hook if you REASONABLY believed you were in danger of death or great injury slackmaster Apr 2012 #62

Unless you're an African American abused wife, apparently. Crunchy Frog Apr 2012 #80

Trayvon couldn't testify because he was dead. If she'd killed her husband, same thing. n/t pnwmom Apr 2012 #30

I understand, but are you saying you condone that? Killing someone to prevent rhett o rick Apr 2012 #33

No, of course not. It's just ironic that the way to not get charged pnwmom Apr 2012 #46

You must not know many Republicans Rittermeister Apr 2012 #55

Good guess. nt pnwmom Apr 2012 #59

Yep. I've said it before. Iris Apr 2012 #14

If you've taken the time to respond chervilant Apr 2012 #16

signed! Liberal_in_LA Apr 2012 #18

Done. K&R. n/t Egalitarian Thug Apr 2012 #36

Done! Zalatix Apr 2012 #57

To be fair, they are both on trail. However, I wonder if the Right will defend her the way ZombieHorde Apr 2012 #21

Now, they wont care Taylor Smite Apr 2012 #31

so the problem isn't the law... krispos42 Apr 2012 #24

This case demonstrates how utterly ridiculous SYG laws are. rhett o rick Apr 2012 #34

Actually it shows how institutionally sexist and racist the system is. n/t vaberella Apr 2012 #40

IMO both are true. nm rhett o rick Apr 2012 #77

I agree. juajen Apr 2012 #76

LOL Skittles Apr 2012 #50

wrong person krispos42 Apr 2012 #52

yeah I'm sure they say ALL PEOPLE WHO OWN GUNS Skittles Apr 2012 #61

No, just the ones that carry them for self-defense krispos42 Apr 2012 #78

Maybe that's because he wasn't killed or even grazed with a bullet Crunchy Frog Apr 2012 #56

The law doesn't allow for warning shots. AtheistCrusader Apr 2012 #71

I wouldn't think "stand your ground" applies to domestic violence. It's for strangers, isn't it? Honeycombe8 Apr 2012 #28

So if someone knows you it's not ok to shoot, TBF Apr 2012 #39

I THINK, but could be wrong, that stand your ground was passed.... Honeycombe8 Apr 2012 #48

I don't believe that is specified. vaberella Apr 2012 #41

that's generally how it goes when women protect their lives. BlancheSplanchnik Apr 2012 #37

Rev. Al going on the record for a woman...Good cr8tvlde Apr 2012 #42

Although her story Meiko Apr 2012 #45

Woman + Black? That's 2 big strikes�against me too. tblue Apr 2012 #49

Before the police arrival shimonitanegi Apr 2012 #51

If SYG supporters ever needed a poster child for their cause - this woman is it LynneSin Apr 2012 #67

No, the real NRA poster child is poor George Zimmerman...abused and haunted cr8tvlde Apr 2012 #79

The unfortunate reality is, firing a warning shot is prima facie evidence you aren't in fear for you AtheistCrusader Apr 2012 #70