Stand-Your-Ground.....Florida
Results 1 to 7 of 7

Thread: Stand-Your-Ground.....Florida

  1. Stand-Your-Ground.....Florida

    So, is it a law in Florida?

    It says on this site that Florida does not have it. I thought it came into effect in October 2005.

    Not the Castle Doctrine, and not the extension of it to other places like hotels, cars, RV's, etc.....


    I mean the Stand Your Ground Law no matter where you are on Florida soil.

  2.   
  3. #2
    wolfhunter Guest
    Quote Originally Posted by 45fella View Post
    So, is it a law in Florida?

    It says on this site that Florida does not have it. I thought it came into effect in October 2005.

    Not the Castle Doctrine, and not the extension of it to other places like hotels, cars, RV's, etc.....


    I mean the Stand Your Ground Law no matter where you are on Florida soil.
    Actually the Resource guide for Florida on this site says, " Florida is a Castle Doctrine state and does have a stand-your-ground law."

    Florida Concealed Carry Permit Information

  4. Quote Originally Posted by wolfhunter View Post
    Actually the Resource guide for Florida on this site says, " Florida is a Castle Doctrine state and does have a stand-your-ground law."

    Florida Concealed Carry Permit Information
    I saw that on this site and the link to the other info makes no sense.

    Looks like to me we have the "stand your ground law" in Florida, enacted in Oct. 2005. For anywhere a resident is outside of his home as well as inside. Unless the "no duty to retreat law" we have here in Florida is just the same thing.

    When Can You 'Stand Your Ground'?

    In October 2005, Florida enacted new a type of "stand your ground" law. Now, Florida residents can use deadly force in their homes even if they donít fear physical injury. They can fire on anyone who unlawfully, forcibly enters their home. And the definition of "home" now includes vehicles, so a Florida resident can use deadly force against anyone who forcibly, unlawfully intrudes in their car or on their boat.

    The Florida law also extended "stand your ground" rights beyond the home and car. A Florida resident outside their home can now use deadly force if they have a reasonable fear that someone is about to use deadly force against them. In other words, in Florida, outside your home, there is no longer a duty to retreat when faced with deadly harm.

    When we say that a resident can use this law, we mean that the resident can invoke it as a defense from prosecution. And if law officers disagree, the person can be charged with a crime and will have to prove their "stand your ground" defense in court. For example, the owner of a Florida towing company invoked the lawto justify shooting a man whose car was impounded. Police disagreed and charged him with murder. At trial, the owner will have to prove that he feared being hit by the driver, who drove off without paying the impoundment fee.
    Last edited by 45fella; 05-26-2009 at 03:04 AM. Reason: l........................

  5. I found the law, we do have "stand-your-ground" in Florida.

  6. #5
    To clarify.. The Tow Truck Driver had
    Illegally towed the guys car..
    Was wearing a bullet proof vest

    Sorry if this offends anyone, but I have had my car Illegally towed ($185 to get it back)
    My friend had his car illegally towed, Then the guy sold the car on the same day he had an injunction to not sell it and show up in court.

    I don't know what it is like elsewhere, but in Florida, If a tow truck driver got shot... He probably deserved it, whether it was by the present situation or some of the previous **** they did..

    Sorry, I know there are honest ones out there, and I'm not saying they should be shot, I'm just not surprised when it happens, in fact more surprised it doesn't happen MORE often..

    Gulf Coast, Floriduh
    Sccy is the limit

  7. #6
    Maybe the following will help explain Florida's "Stand Your Ground" law. Note: It was written in 2005.

    FindLaw's Writ -- Sebok: Florida's New "Stand Your Ground" Law Why It's More Extreme than Other States' Self-Defense Measures, And How It Got that Way

  8. #7
    Join Date
    Jul 2008
    Location
    Sunny South Florida
    Posts
    486
    An interesting interpretation by an obviously very liberal anti-gun lawyer. Of course to date the Florida legislature has not revisited and "corrected" this law because it is actually pretty good as written and has not created any problems in either defense or proscecution of bad cases.

    I find interpretation of the law very straightforward ...

    If you are in a "place you have a right to be", and are not enganged in an illegal activity and you are under attack which a reasonable person may fear would cause death or great injury you have the absolute right to defend yourself with force, up to and including deadly force.

    Of most importance, somewhat contrary to Mr Sebok's interpretation is that in the law acutally assumes your innocence unless there is evidence to the contrary so the automatic "you will be arrested and then have to prove your contention that you were "afraid" is incorrect.

    Mr Sebok states "Under either standard, Lisa still has the burden of proof to justify her killing. Also, under either standard, the jury may disbelieve her if there are witnesses around to contradict her story." However under the Florida law both as written and in practice unless there is evidence to the contrary, one will not be arrested or face a jury in these cases. Additionally you acquire a good degree of protection by subsequent civil suit involving such incidents. (Nothing is perfect when it comes to courts).

    Indeed the Florida law is a well written example of the right to stand your ground when faced with self defense, without granting wild west agressor rights.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Quantcast