Would this be legal in Florida?
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Thread: Would this be legal in Florida?

  1. #1

    Would this be legal in Florida?

    Some time ago I had an incident and of course back then I was not carrying. I often wondered how it would have been different if I had my carry piece with me, and if I did, would I or should I have used it. And would I have been within the law.

    This was the scenerio....

    My wife and I had parked at a local store to do some shopping at night. When we came out of the store and back to the car there was someone in my car and he was going through it and putting our valuables on the seat to steal. I quickly pulled him out of the car and began yelling at him. He walked over a couple of parking spaces and and got into his truck where there was a girl waiting for him. As he started the truck and was going to back out to drive away, I saw that he had a duffel bag in the bed of the truck. I don't know why but when I realized that he was going to get away, I grabbed the duffel bag. He threw it in park, got out and came after me with a knife. I yelled to my wife to run back into the store and get the cop that was fortunately at the door. Meanwhile I was keeping the duffel bag between me and that knife as he was trying to get me with it. After what seemed like an hour (Probably less than 2 minutes), the cop showed up and told him to drop the knife, which he promtly did and was arrested.
    What I am wondering is if I was carrying and pulled my firearm out when I first encountered him in my car, could I have ordered him to the ground and held him there til police arrived?
    Again, when I first encountered him If I pulled the firearm out and he lunged at me, could I have used the gun and been within the law?

  2.   
  3. #2
    If you want legal advice...best to get it from an attorney who knows the laws, as opposed to opinions from faceless forum folks.

    Without answering to the legality - you'd have been foolish to engage someone for breaking into your (empty of people) car. No lives were at stake. Your best option would have been to send your wife for the cop in the store right away, while being a good witness and getting a description of the guy, his truck, his license plate, etc. NEVER risk your life for "stuff." (And keep your most expensive "stuff" insured, for this very reason.)

    If you had elected to engage him anyway, and he had pulled a knife, you would be justified in defending yourself with your firearm, shooting until the threat was stopped.
    S&W M&P 45; Ruger GP100 .357 Magnum; Charter Arms .38 Undercover
    http://www.usacarry.com/forums/members/phillip-gain-albums-phil-s-photos-picture3828-reciprocity-map-29jun11.JPG

  4. I believe only on Tx can you protect property with deadly force and there you can protect your neighbors property also but you do have the right to detain someone for police in most states. always check your local laws yourself

  5. Trying to simply detain someone is a dangerous scenario, everybody reacts differently. He might have charged at you, at which point you would have to prove shooting him was your only option of safety, or he could have simply given you the finger and walked away knowing that if you shoot him youre going to jail. Option 3 is better, beat him silly then tell the cops he rushed you after you caught him

  6. #5
    Join Date
    Jan 2008
    Location
    Florida Panhandle
    Posts
    3,098
    I am not a lawyer...this is not legal advice...this is just my opinion

    A better response may have been to keep your distance and yell at the guy to get the %^&&* out of your car.
    If he pulled a weapon you would have been reasonably safe and already have the drop on the clown. Nothing but nothing in your car is worth your life or his.

    I believe you have every right to confront a thief. To call him out and then if he persists with life threatening violence towards you proceed as follows...stop the threat using deadly force in accordance with Florida law.

    The last thing you want is to draw down on some unarmed clown who is just as happy to remove your rights since he has already screwed up his life. Trust me these types of legal battles usually cost bunches of money and seldom end well.

    Again stay legal and stay safe
    FESTUS
    IN OMNIA PARATUS

  7. #6
    Join Date
    Jan 2011
    Location
    Florida Panhandle, Aka LA
    Posts
    12
    If you go to the FAQ section of the Florida Concealed Carry website, exactly this type of situation is addressed. It would have been illegal for you to brandish your firearm to detain the person and you would likely have been arrested. You cannot act as a LEO except to prevent a situation where physical harm, loss of life, rape or other serious potentially lethal crime is being committed.

  8. #7
    Join Date
    Dec 2009
    Location
    St. Louis County, MO
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    3,445
    Quote Originally Posted by balrog View Post
    If you go to the FAQ section of the Florida Concealed Carry website, exactly this type of situation is addressed. It would have been illegal for you to brandish your firearm to detain the person and you would likely have been arrested. You cannot act as a LEO except to prevent a situation where physical harm, loss of life, rape or other serious potentially lethal crime is being committed.
    Hmmm...interesting. Here in MO your car is included in the Castle Doctrine. You have a right to protect your property and your home. Your car is considered also "your home".
    "Don't let the door hit ya where the dawg shudda bit ya!"
    G'day and Glock
    GATEWAY SWIFT WING ST. LOUIS

  9. #8
    Quote Originally Posted by Tucker's Mom View Post
    Hmmm...interesting. Here in MO your car is included in the Castle Doctrine. You have a right to protect your property and your home. Your car is considered also "your home".
    Florida is the same, but I have a question.. If you are outside your home, and you discover someone is in your house, do you go in after them, or call 911 and be a good witness (same senario, under castle doctrine, but your home instead of a car)

    Gulf Coast, Floriduh
    Sccy is the limit

  10. 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.

  11. #10
    Join Date
    Dec 2009
    Location
    St. Louis County, MO
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    3,445
    Quote Originally Posted by HootmonSccy View Post
    Florida is the same, but I have a question.. If you are outside your home, and you discover someone is in your house, do you go in after them, or call 911 and be a good witness (same senario, under castle doctrine, but your home instead of a car)
    With my small stature, I know I can easily be overpowered by a person bigger (or younger) than I am. That is why I have a gun. Outside of my house, knowing that someone is inside going through my property, because of the way our subdivision is set up here, if no one is home in our house, my husband and I would have gotten a call from some (or a) neighbour that someone is inside our house and that they had called the police -- way before I get home. In my car it will be a different matter altogether. It will depend on whether I am alone going to my car or I have someone with me...which is almost always, I have someone with me when I go out. Besides wherever I go shopping, my dog will be left in my car. If I leave my dog home to go somewhere, I will never hear the end of it for the rest of my natural life. My dog, my wallet, camera, cellphone and my gun -- automatically goes with me when I go out of the house...even in my fenced backyard.

    I know what you are getting at and I am yapping my head off here...what if the scenerio is different and I jumped in my car, sans my dog, to go for a quick run to the supermarket? Then saw my car being rummaged by an idiot who dared? -- I will stand a bit far away, after a quick ocular inspection, call 911 and wait -- because I am not as robust as a man or a younger woman. So it depends. IF a gun is pointed in my (or mine) direction, I have to duty to protect me (and mine) and will shoot to stop a threat.

    And oh btw, kudos for Florida -- it sure is nice to see a state with a brain for a change. Florida is the first state requiring drug testing to receive welfare!
    "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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