Nor do I, but holding it in plain view when answering the door could get pretty iffy.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.
You really need to consult someone who is familiar with the defenses against aggravated assault in your jurisdiction.Suffice it to say, my personal experience and knowledge leaves me comfortable with my views on this topic.
Who violated the law? In what way was that relevant?So essentially, it comes down to my version of events versus someone that violated the law during the incident.
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?
You have questioned whether having a gun in hand might prove problematical. Doing so in the course of a confrontation most probably will.I don't believe I said anything about threatening anyone with my actions.
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..
Of course. Lawful justification.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.
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.I haven't come across anything about someone being charged for simply holding a pistol in their home, either.
You are most welcome.Kleanbore, thanks for the discussion and for giving me a different perspective along with a few things to consider.