Florida "Stand your ground" Law


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armedpolak
October 17, 2006, 05:19 PM
From this http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/florida-self-defense-law.htm

The Florida law is a self-defense, self-protection law. It has four key components:

* It establishes that law-abiding residents and visitors may legally presume the threat of bodily harm or death from anyone who breaks into a residence or occupied vehicle and may use defensive force, including deadly force, against the intruder.

* In any other place where a person “has a right to be,” that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

* In either case, a person using any force permitted by the law is immune from criminal prosecution or civil action and cannot be arrested unless a law enforcement agency determines there is probable cause that the force used was unlawful.

* If a civil action is brought and the court finds the defendant to be immune based on the parameters of the law, the defendant will be awarded all costs of defense.

The second point, I can meet force with *up to deadly force*. But it does not mean I was attacked with deadly force, just any. So, unarmed attacker is using force, just not deadly, right? I can still use deadly force back, aka, handgun. Anywhere I have the right to be, as in on the street, mall, etc. Given i fear from my life or that I will get hurt.


Please give me your thoughts on this.

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Kelly J
October 18, 2006, 10:44 AM
If you are in the State of Florida, this question should be directed to the Law Enforcement people there, as any answer, you get here, will be at best well intentioned, but not Legal Advice.

crazed_ss
October 18, 2006, 11:01 AM
But it does not mean I was attacked with deadly force, just any. So, unarmed attacker is using force, just not deadly, right? I can still use deadly force back, aka, handgun.

I really dont think so.

It says right there, "that person has “no duty to retreat” if attacked and may “meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another to prevent the commission of a forcible felony.”

So if you get in an argument over a parking spot and some jerk shoves you, you cant just whip out your handgun and blow him away. I couldnt be completely wrong though.

Billy_H
October 18, 2006, 11:15 AM
Pretty much what the poster above me said...

Look at it this way...
You can meet force with a reasonable amount of force up to, and including, deadly force.

Now, who determines what is reasonable is what can make the idea of self defense scary. But, the force used to protect yourself/stop the attack needs to be proportionate to the force used in the attack. (ie: shooting a 95lbs woman because she slaps you probably isn't going to work out in your favor without some serious mitigating circumstances.

Now I'm not a laywer, nor do I play one on t.v.....but this guy is. If you have some serious questions about Florida laws and how they pertain to firearms his book is worth the read.

Florida Firearms
Law, Use and Ownership
by: Jon H. Gutmacher, Esq.
http://www.floridafirearmslaw.com/index.shtml

cbsbyte
October 18, 2006, 11:38 AM
If you are in the State of Florida, this question should be directed to the Law Enforcement people there, as any answer, you get here, will be at best well intentioned, but not Legal Advice.

Yes, never seek legal advice from online fourms it is best if you contact a legal expert in your state. From my own experience Law Enforcement officers are useally the last people you want to discuss legal matters with since most do not know the laws themselves and they are not attorneys.

tegemu
October 18, 2006, 01:51 PM
As a 67 year old (a PRIME target for BG's), not in the best of health, Floridian, practically any attack would be a serious threat to me.

knuckles
October 18, 2006, 01:55 PM
This is a good question though. I have often wondered, if I was jumped by five thugs armed with only their malicious intentions, if I have the right to use deadly force...

Florida Firearms
Law, Use and Ownership
by: Jon H. Gutmacher, Esq.

I need to get that book...

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