Would this be legal in Florida? - Page 2
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Thread: Would this be legal in Florida?

  1. #11
    Join Date
    Jan 2010
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    St. Louis County, MO
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    Quote Originally Posted by Grump View Post
    This is in the documents that you get with your license in FL.

    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.

    I added the emphasis on burglary.
    Above is your answer HootmonSccy. Need I say more? Many thanks Grump.
    "Don't let the door hit ya where the dawg shudda bit ya!"
    G'day and Glock
    GATEWAY SWIFT WING ST. LOUIS

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  3. #12
    Quote Originally Posted by Tucker's Mom View Post
    Above is your answer HootmonSccy. Need I say more? Many thanks Grump.
    Gramps - As Phillip Gain said in his post, Are you really going to risk your life over "Stuff"??
    Go on Gramps, go get 'em!!
    TM - As you said in your post about the car.. Stand back and call 911.
    I think being a good witness is my call on this situation.. Hyper-ready to defend yourself.

    I'll defend my life or the life of those I love, but my life is worth more than the cost of my TV..

    Gulf Coast, Floriduh
    Sccy is the limit

  4. #13
    Join Date
    Jul 2009
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    South Carolina/Charleston
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    Hey Orlando: I think you got your answer--it is a state by state thing. As much as any of us would like nothing better than to "teach someone a lesson" when it comes to stealing your stuff, it is not imminent danger to your life or bodily injury, which still remains the numero uno reason for drawing a firearm and discharging same. The only exclusions that I am aware of would be where forcible entry into your home or car while you are there initiates Castle Doctrine and the presumption that your are in imminent danger and you can then use your firearm--I believe you must be in your car (ala hijack scenario). It is a shame though that stealing when you are not around is probably a no no in most states for presenting and using a firearm after the fact--it is brandishing and, if you had escalated the situation to the point where you now needed your firearm, the possiblity of manslaughter or civil problems (the thief was not threatening you until you threatened him even if he was committing the crime).
    Here in SC, we have a law on the books that if your situation happened AT NIGHT (the law is specific to only at night), you could have gone over to him and effected a citizen's arrest telling him to stand still, the LEOs are coming. If he should decide to run away and evade your arrest YOU HAVE EVERY RIGHT TO SHOOT HIM AND KILL HIM. It is the law--it may be an old law dating back to Civil War times and probably has a hint of race in it, but it is the law and has been upheld in cases where shots were fired after a thief.

  5. Quote Originally Posted by Grump View Post
    This is in the documents that you get with your license in FL.

    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.

    I added the emphasis on burglary.
    Just make sure that a car theft is considered a burglary in Florida. Maybe it is, if a car is considered part of your home there. But burglary is different from theft.

  6. #15
    Did everyone forget the knife in this story? This went from attempted burglary to assault with a deadly weapon. It doesn't matter what the BG was burglarizing, the idiot brought a knife to hopefully a gun fight. I would not have drawn my firearm until he pulled the knife and would have shot him as soon as I lined up the sights.

    Technically you burglarized his truck when you took his duffel bag…..I’m just saying.

  7. #16
    In Florida, you have to be preventing death or serious bodily harm, or a FORCIBLE felony (which the cops usually interpret as an ARMED felon - knife, gun, baseball bat etc.). In Forida you are NOT justified in protecting the STUFF in your car, but your ARE justified in protecting the PEOPLE in your car if someone tries to break in to get to them (when you're inside). When you're outside the car and the BG is inside and stealing your stuff (or even stealing the whole car), but the BG is not offering a clear and present threat of physical force against you or others (brandishing a gun or knife, etc.), then in Florida law, you are NOT justified in drawing your weapon or even exposing it to view, and you can be charged with brandishing the weapon if you do so.

  8. Dragonbreath is correct

    Quote Originally Posted by Grump View Post
    This is in the documents that you get with your license in FL.

    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.

    I added the emphasis on burglary.
    You should have added the emphasis on "Forcible".

    In FL Castle Doctrine does extend to your vehicle but only if you, or someone, is in the vehicle during a forcible felony. If the person brandishes a weapon while committing a burglary then you can be justified in using force to prevent the burglary. If you walk up to someone already in your car then you can not use deadly force unless you are in fear for your life.

    When you pulled the duffel bag out of his vehicle you were technically stealing from him because for all you knew it was his stuff (It may later be found to be stolen but at the time you didn't know this).
    He could not use deadly force (pulling a knife) on you to get his stuff back because you weren't using force to steal the duffel bag.
    Now lets say he pulled a knife on you for stealing his stuff and you then pulled the gun. It can be argued that you were stealing his stuff and have instigated his reaction and you can be held liable for that action.
    You may have gotten off on the charges but you would probably have been arrested and you would have to go through some trouble, and money, to clear yourself.

    All it all I'm glad it turned out good for you.

    I'm not a lawyer so take it for what it's worth.
    I'm not a lawyer so take it for what it's worth. For legal advice ask a lawyer.
    --------------------------------------------------------
    Those who accept second best must learn to live with mediocrity. - pafindr

  9. #18
    Join Date
    Jan 2008
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    Florida

    Under Florida State Statutes, "burglary" occurs when a person "enter[s] a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter.[17] Depending on the circumstances of the crime, burglary can be classified as third-, second-, or first-degree felonies, with maximum sentences of five years, fifteen years, and life, respectively.[18]

    The 2011 Florida Statutes

    Title XLVI
    CRIMES

    Chapter 776
    JUSTIFIABLE USE OF FORCE

    View Entire Chapter
    776.031 Use of force in defense of others.—A person is justified in the use of force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. However, the person is justified in the use of deadly force only if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
    History.—s. 13, ch. 74-383; s. 1189, ch. 97-102; s. 3, ch. 2005-27.

    The 2011 Florida Statutes

    Title XLVI
    CRIMES

    Chapter 776
    JUSTIFIABLE USE OF FORCE

    View Entire Chapter
    776.08 Forcible felony.—“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.
    History.—s. 13, ch. 74-383; s. 4, ch. 75-298; s. 289, ch. 79-400; s. 5, ch. 93-212; s. 10, ch. 95-195.
    FESTUS
    IN OMNIA PARATUS

  10. #19
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    Dec 2008
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    Lumpago, Turasticon
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    I would of pulled my gun, bang, he's dead.

  11. #20
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    Jul 2009
    Location
    South Carolina/Charleston
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    Certainly we all preface our comments with the fact that we are not lawyers, which is a given when asking for this kind of advice. Having said that, as some in TX have said, the law is clear on protecting property. In SC, at night (and the law is specific to night only--why?--who knows?), you can effect a citizen's arrest in a situation, as described (again, only at night,) and it is crystal clear that you can use any means available including shooting and killing the suspect, if he attempts to evade you citizen's arrest. Certainly, if someone is in the car it is forcible entry into an occupied vehicle in SC and is covered under Castle Doctrine; you, or anyone else in the car (even a baby) under the Alter Ego rule, can presume imminent danger of death or great bodily injury and discharge your firearm. Personally, as Mr Gain said, IMO, stuff that in my case is insured, is not worth my tangling with anyone who may be better at this "gun thing" than me and I am not replaceable--this goes for my car and my home when I am not directly in contact with the BG. In my home, for example, I lock our bedroom door at night--if someone breaks into my home in a different area of house, I will activate car alarm, call 911, and stay in my bedroom--if the BG decides to defeat my locked door, he has now called into play imminent danger and pure Castle Doctrine, IMO, and it will then be the last thing he ever does, but the insured stuff in the other rooms--it is not worth my life. I should preface the "home comments" by saying it is just my wife and I and no childen or others living in other parts of the house--that is whole other story.

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