FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?
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Thread: FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?

  1. #1

    FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?

    Breaking into automobiles is an issue for some of us citizens of Florida. If I see someone rummaging around in my vehicle while it is unoccupied and parked in my driveway, can I blast them? I have U.S. Law Shield, a FL state CCW, and am up to date on my state's firearm laws. I just didn't find any legislature or statutes clarifying my rights if the vehicle is UNOCCUPIED. Any guidance would be much appreciated, thanks!
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    (3) A person who is attacked in his or her dwelling, residence, or vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).

    (4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

    (5) As used in this section, the term:
    (a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

    (b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

    (c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

    History.—s. 1, ch. 2005-27; s. 4, ch. 2014-195.

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  3. #2
    Join Date
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    TN
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    What purpose do you see in shooting someone that "rummages around in your vehicle while it is unoccupied and parked in your driveway"?

  4. "....can I blast them?" If you do, be ready to defend the wording of this question in court because it'll certainly be brought up by the prosecution.

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  5. #4
    Join Date
    Jun 2016
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    Niagara region, ON,CA
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    I'll bet good money he doesn't even have auto insurance on his $ 1.5 million winterbeater.

  6. #5

    FLORIDA: Can I shoot someone if they are breaking into my UNOCCUPIED vehicle?

    Just think about it though, if it were perhaps legal to shoot thieves for breaking in and rummaging around in someone else's car, it might just help to; I dunno, maybe persuade these people to think twice about screwing with other people's property. Just sayin'....

  7. #6
    Join Date
    Feb 2016
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    Quote Originally Posted by DirtyHarry420 View Post
    . . .
    (3) A person who is attacked in his or her . . . vehicle has no duty to retreat and has the right to stand his or her ground and use or threaten to use force, including deadly force, if he or she uses or threatens to use force in accordance with s. 776.012(1) or (2) or s. 776.031(1) or (2).

    (4) A person who unlawfully and by force enters or attempts to enter a person’s . . . occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence....
    No empty or unoccupied vehicles. A person has to be inside the vehicle to make it defensible.

  8. Blast them? No. Not in any state that I know of. Having some dead, unarmed guy inside your car with your lead in them means you go to jail.

    The Place To Be

  9. #8
    With few exceptions (I think Texas is one) you cannot defend property with deadly force.
    “Religion is an insult to human dignity. Without it you would have good people doing good things and evil people doing evil things.
    But for good people to do evil things, that takes religion.” ― Steven Weinberg

  10. #9
    Oh, ok cool so you don't mind if I break into your vehicle and take whatever I want then. Just let the world walk all over you.

  11. Quote Originally Posted by DirtyHarry420 View Post
    Oh, ok cool so you don't mind if I break into your vehicle and take whatever I want then. Just let the world walk all over you.
    All you can really do is call the police. If they attack you while you're inside your vehicle or after exiting the vehicle and threaten grave bodily harm in doing so then probably justified. Every court is going to want to know if you could have avoided killing this lowlife for stealing your sunglasses. Dictated by circumstances but it's most likely a no.


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