woodcdi wrote:
Pointing your gun at someone except in preparation for use in self defense is at the worse only a threat.
im not sure about Florida law, but in Texas that is clearly aggravated assault if you point the gun at someone without justification. pointing a gun at someone in Texas without a self defense justification will land you in jail since there is a difference between terroristic threat and aggravated assault with a deadly weapon.
insiduous calm wrote:
The difference between "force"(pointing a gun at someone) and "deadly force"(shooting a gun) was covered in the CHL class I took in Dallas. It's the same reason you never fire a warning shot, if you do you have just elevated from force to deadly force. This is not merely semantics. The Florida law above explicitly defines "deadly force" as "the firing of a gun". I'm not sure if you really don't understand the difference or if you are intentionally clouding the issue.
i think we all know the difference, and i realize that is what you've been saying. i think there is a difference between (1) making a threat of deadly force
without brandishing a firearm and (2) making a threat of deadly force
while brandishing a firearm. if you are doing (1) and your gun is concealed from plain view you're probably legal. if you are doing (2) then you raise the issue of self-defense by the person you are addressing. that is the problem.
An affirmative defense, yes he used force against them, but did so because he was trying to terminate their unlawful tresspass, as is allowed by law.
that's another problem. affirmative defense only applies in some place like a court of law. it unfortunately doesn't help you if you get shot and killed, right?
another major issue here, do we know for a
FACT that they were indeed trespassing? all
ASSUMPTIONS have been that they had, but no hard facts, right? please provide some sort of proof that they were indeed trespassing.
I don't believe that's relevant to this discussion. Whether he initially felt threatened doesn't matter because the law explicitky allowed the use of force to terminate the unlawful tresspass. As for whether or not what he did was the smart thing to do, I agree, it wasn't. It did in fact result in his death. It is not relevant though, to this discussion.
i think the fact that he returned without calling 911 and took matters into his own hands is the relevant issue. can you justify why he did not call the police?
glummer wrote:
If the opponent is NOT deadly dangerous, he will generally cease & desist; if the opponent continues the threat, he probably does represent a deadly danger, and having your gun already in hand is a great advantage.
and if the opponent is carrying a gun, then you've just escalated the situation into a deadly force situation by introducing a gun into the mix. of course having a gun in hand is a great advantage. unfortunately that can work against you (action vs. reaction) because if the other party is armed he can use that as justification to fire upon you first. the advantage can be a disadvantage too.
I have to say, your argument strikes me as sounding a lot like the propaganda the anti’s use against any relaxation of gun laws; we can IMAGINE blood in the streets, so let’s all panic, and keep or increase the restrictions, without taking the risk to look for evidence.
not really. we have to have some sort of established standards of when deadly force, or the threat of deadly force when a weapon is brandished, is applied. otherwise, if we had no set rules of engagement then people could just walk around pulling guns every time they disagreed with someone. Florida is a "shall issue" state with numerous CCW holders. if there were no set rules of engagement there would be alot of CCW holders shooting other CCW holders. everyone who carries a gun and is law-abiding needs to understand when they can and cannot introduce deadly force (or the threat of deadly force with a gun in hand).
Or like a man performing a citizen’s arrest?
that is only speculation. we don't know if he was trying to perform a citizens arrest any more than if we know that else he was saying to them.
besides, in Florida there is no citizen arrest law, but you can detain someone for a felony or for a breach of the peace.
so you can detain them, but you have to detain them for the police. the problem is......
he never called the police. so that blows the citizen arrest theory out of the water...doesn't it?