Florida bill could hand gun owners huge win, make the US a constitutional carry majority country

BlueHeelerFl said:
As was clearly stated in my post, i ain't a healthy younger male. If I am attacked and get knocked to the crowd the same way I was in my story, I would be unable to stand up on my own let alone defend myself against a continuing attack.
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I understand that point. I'm not disagreeing that in your case it could be life threatening. I agree with you that a push or being punched or kicked just once can possibly result in death or serious injury. I can't say that I typically feel bad when a violent hot head who initiated an altercation got what he deserved whether it was a good shoot or not. We are on the same page there.

My point is in most states (I'm not sure about TX law and case law), if there's no continuing attack that puts your life in danger, you can not legally shoot someone. I understand you and others might disagree, but personal opinions do not trump the law and how most L.E. , D.A.s, and the general public sees things. By all means shoot if you feel your life is in danger, but just be prepared to potentially be disarmed for the duration of a trail or for life, and being jailed unarmed with murders, rapist, drug addicts, etc. It's a choice and a risk you'll have to make for yourself.

I know that if you were pushed and was seriously injured by the fall, and then decided to shoot someone who was not active continuing to attack you, I'd have to wrestle with the the fact that whether I wanted to do the right thing legally by convicting you or letting you go because I might think the victim got what he deserved if I were a juror. I'd likely side via the letter of the law, and then would suggest the lightest sentence. I believe most other citizens wouldn't think twice about convicting you in this day and age.
 
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Paul7 said:
A physical attack is also assault.

https://www.merriam-webster.com/dictionary/assault
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Parsing the definition a little bit. A battery usually involves an assault, but not necessarily. If you didn't see it coming, it's not assault, but it's battery. For example, a coworker was whacked over the back of the head with a piece of pipe, knocked unconscious, and robbed of about twenty bucks. No imminent threat or fear of harm. Just lights out.

Said he would have paid fifty to not get hit.
 
Styx said:
IMHO, the non "gun nut" gun owners who don't collect firearms and aren't obsessed with guns, ballistics, 2A rights, etc are least likely to fire a gun when not warranted. It's usually the gun guys with a chip on their shoulder about crime who's firearms gives them courage who will put themselves into bad situations hoping for an excuse to be able to pull their firearm.
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I've met more than one person who thinks that "as long as the body lands inside my house on this side of the threshold, I'm good" and don't seem to understand that law enforcement might have a few questions about what transpired before making the decision to end a life and that court and legal proceedings are likely.

It's also alarming to know that there are also a few around here that think they are legally within their rights to shoot/kill if somebody is trespassing on their property. Like they can just pop open the kitchen window and drill somebody 100 yards away for simply being on their property (trespassing).
 
DustyGmt said:
I've met more than one person who thinks that "as long as the body lands inside my house on this side of the threshold, I'm good" and don't seem to understand that law enforcement might have a few questions about what transpired before making the decision to end a life and that court and legal proceedings are likely.
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Being in a Stand Your Ground state as mine is makes that much easier, there is no duty to retreat.

Why couldn't an armed citizen in trouble for the above claim 'temporary insanity' while under the stress of a break in?
 
Paul7 said:
Being in a Stand Your Ground state as mine is makes that much easier, there is no duty to retreat.

Why couldn't an armed citizen in trouble for the above claim 'temporary insanity' while under the stress of a break in?
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As far as I understand it, Vermont is not a "stand your ground" state, but they heavily imply a "duty to retreat" even though there is no such thing in the VT state law/legislative code or whatever. There is no duty to retreat, but you still have to demonstrate that your life or the life of another was in danger of being killed, permantly disfigured,
maimed, crippled, etc...... you can't just say that somebody was trespassing unless you can prove one of those things was imminent....
 
Re-guarding hacking on people who feel the need to actually use their firearm to defend themselves against a thug, even if that thug is unarmed... Bear in mind, it is better to be judged by 12 than carried by 6. And every supporter of the 2A has a constitutional right and duty to prevent infringement on the rights of citizens to not only keep and bear, but reasonably use arms for their self defense. Our founding fathers wrote provisions into the constitution to give this protective capacity to every citizen when called to be one of the 12.
 
Will Munny said:
Re-guarding hacking on people who feel the need to actually use their firearm to defend themselves against a thug, even if that thug is unarmed... Bear in mind, it is better to be judged by 12 than carried by 6. And every supporter of the 2A has a constitutional right and duty to prevent infringement on the rights of citizens to not only keep and bear, but reasonably use arms for their self defense. Our founding fathers wrote provisions into the constitution to give this protective capacity to every citizen when called to be one of the 12.
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.....and as a check against a tyrannical government.
 
DustyGmt said:
As far as I understand it, Vermont is not a "stand your ground" state, but they heavily imply a "duty to retreat" even though there is no such thing in the VT state law/legislative code or whatever. There is no duty to retreat, but you still have to demonstrate that your life or the life of another was in danger of being killed, permantly disfigured,
maimed, crippled, etc...... you can't just say that somebody was trespassing unless you can prove one of those things was imminent....
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Agreed, I don't think anyone here is justifying trespassing as a reason to shoot.
 
JTHunter said:
Tell that to the property owners on the southern border where the "wetbacks" are trespassing and trashing their property.
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And a rancher in AZ was just arrested for shooting an illegal who had a long criminal record, crazy. I don't think that's anyone on this thread though. Read Charles Askins "Unrepentant Sinner" book, when he was a border agent way back when they'd find two or three illegals floating every day in the Rio Grande after he worked the night before. Kidney shots were his favorite.
 
BRatigan said:
Giving up your permit in Florida might make it impossible to be recognized in a reciprocity state. I wonder if this will be a problem. I support the legislation, but I may have to keep my CWP.
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Keeping my license as well. My sons rarely travel out of state, so they probably won't.

I assume DeSantis is signing the bill this week sometime.
 
Paul7 said:
The trend is in our favor, more registered GOP voters for the first time ever.
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Having little to do with what happens in Tallahassee.

The same Florida state lawmakers who increased the age to purchase firearms form an FFL and extended the three-day wait to include long guns – a three-day wait those with a concealed weapon license aren’t subject to.
 
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