Bad guy at my door. Not hypothetical.

[Kleanbore]

Posted by SnowBlaZeR2: I still don't see anywhere that would make me believe carrying a firearm in my hands in my own home would land me in jail.

Nor do I, but holding it in plain view when answering the door could get pretty iffy.

Suffice it to say, my personal experience and knowledge leaves me comfortable with my views on this topic.

You really need to consult someone who is familiar with the defenses against aggravated assault in your jurisdiction.

So essentially, it comes down to my version of events versus someone that violated the law during the incident.

Who violated the law? In what way was that relevant?

If you had your gun in your hand and he felt threatened, it is up to you to raise the issue of justification. What was the justification?

I don't believe I said anything about threatening anyone with my actions.

You have questioned whether having a gun in hand might prove problematical. Doing so in the course of a confrontation most probably will.

In Florida, pointing the gun without sufficient justification is sufficient to result in charges of aggravated assault, and upon conviction, with mandatory penalties. HB 59 would eliminate the mandatory penalties and reduce the threshold for justification. Those aspects of HB 59 would, in my opinion, be good things.

Bringing out the gun, but not pointing it, for the purpose of showing it to someone to make a point or to influence his or her behavior without a good reason might also be sufficient to bring charges. Someone else would decide that, based on the totality of the evidence..

I'm perfectly within the law when carrying a firearm to a "confrontation" with someone that is making an attempt at entering my home illegally.

Of course. Lawful justification.

I haven't come across anything about someone being charged for simply holding a pistol in their home, either.

Nor will you. But add other conditions, such as the presence of a person who was not breaking the law and evidence of an intent to frighten him or her, and you will.

Kleanbore, thanks for the discussion and for giving me a different perspective along with a few things to consider.

You are most welcome.

 

[Kleanbore]

Breaking News

An email from Andrew Branca, LOSD, tells us that HB59 has passed the Florida House and is expected to pass the Senate shortly.

I do not like the idea of warning shots at all under most circumstances, but as I have stated above, I do favor some of the provisions of the bill.

Wish we had 'em where I live.

Maybe some day. The Missouri concealed carry law was crafted along the lines if the one in Florida.

 

[HOWARD J]

I have kids & grandkids running in & out of the house day & night.
I pulled the wires on the door bells--if someone starts pounding on the door that alerts me to stand by with a weapon. I am not interested in some guys religion or if he is selling something---in most cases they will leave & I do not have to deal with them.
All kids & grandkids are armed--I usually don't worry about them--I do have to remind the wife once in a while---opening the door to a stranger can be very dangerous.

 

[medalguy]

Several years ago we had a loud knock at the front door one morning about 7 AM. I went to the door with a hand on the 1911 in my rear pocket, and there was a guy there asking if Joe or something like that lived here.

Now, we're in the country about 1/4 mile from the nearest neighbor, and about 1/4 mile from the road. No accidental mistake here. I told him no one by that name lived here, and then I asked him how he got up to the house, no car visible. He said he left the car at the road and walked. That all seemed very suspicious at the time. Well lo and behold less than 2 weeks later we were robbed one day when we had gone to the Post Office for a few hours.

Never assume anyone at your door under suspicious circumstances is simply lost or at the wrong door. And never answer the door at 7 AM unarmed.

 

[SFreed]

So I'm taking my pregnant wife to the hospital and my car breaks down. In my haste to leave, I managed to leave my cell phone at home, so I run up to the closest house and start banging on the door for help. The person who comes out of the house is armed, threatening me and waving his pistol around. Since I'm fearing for my life (and my wife and unborn child), I pull out my carry gun and shoot him. Legal, or not?

 

[JRH6856]

He said he left the car at the road and walked. That all seemed very suspicious at the time. Well lo and behold less than 2 weeks later we were robbed one day when we had gone to the Post Office for a few hours.

Just for clarification, were you robbed while at the Post Office or after you returned home?

 

[WNTFW]

I think he means burglarized.

 

[JRH6856]

^^^That's what I thought too, but it occurred to me that the robber might have been waiting for them to return.

 

[WNTFW]

I don't think any of us are advocating being naive and just hoping for the best and everybody is to be 100% trusted because they are human.

The whole paranoid trip is not my way of handling life. Bad stuff does happen but it is the exception. One should be prepared. What I don't get is why all the tough guys that can and will handle their business seem to think every possible thing they encounter was life threatening. If you are so effective at being Mr. Tough Guy why not take it down a notch or two.

S. Freed,
RE: I pull out my carry gun and shoot him. Legal, or not?
Can of worms that I would not want to be the one popping the lid off of and dumping in my own lap. Put hands (slowly) up and back off would be an option. IE deescalate.
But I get the point you may be trying to make. The guy may have overreacted to your actions or not. Some people have physical limitations that may cause them to be more protective of themselves. Maybe he has poor eyesight and hearing therefore treating you as a threat in this hypothetical situation.

If I approach any one I make sure I don't seem like a threat as much as I can.

Guys come to my shop with guns all the time every one of them leave it in their vehicle and let me know before they bring it in so as not to alarm anyone. Not once have I ever thought less of them for it. It actually impresses me.

 

[Teachu2]

nevermind - just read some more....

 

[SFreed]

WNTF....Not what I'm advocating, just a question that came to me while reading some of the posts in this thread.
"What I don't get is why all the tough guys that can and will handle their business seem to think every possible thing they encounter was life threatening."
My thoughts exactly.

 

[Fred Fuller]

I think we've gotten all the good out of this one we're going to at this point...