Status of Florida "Warning Shot" Bill

[sig228]

Anyone know the status of the so-called "Warning Shot" bill? Last I heard, it was on Rick Scott's desk.

PS, don't need an education on warning shots, just wondering what the status of the bill was.

Thanks.

 

[RustyShackelford]

FLsenate.gov .....

I'm not sure of the bill #/name but you can check www.flsenate.gov .
It may have passed the Florida Assembly last week but I don't think the Senate got to it yet.
The NRA ILA may have updates too.

 

[flphotog]

It's on it's way to Scotts desk. But be aware, "warning shots" are NOT permitted nor even mentioned in to bill. Warning shots are just another media fiction not reality.

 

[tyeo098]

So what IS in a 'Warning shot' bill if it does not mention Warning Shots?

 

[flphotog]

You are hung up on the "Warning Shot" term that the press seems to have fallen in love with.
The actual title of the bill is CS/CS/HB 89: Threatened Use of Force.

Here is a link to the bill as passed:
https://www.flsenate.gov/Session/Bill/2014/0089/BillText/er/PDF

Until this bill people in some jurisdictions were actually being prosecuted under Florida's 10-20-life statues for threatening use of force in a Self Defense situation. This bill attempts to eliminate that idiocy.

Warning shots are not discussed in the bill. I believe in the original bill they were and of course the liberal press picked up on that and stuck with it. That was dropped very early in the legislative process.

It is on the way to the governors desk as we speak.

 

[Sam1911]

The bill was discussed quite a bit here: http://www.thehighroad.org/showthread.php?t=747828

The "Warning Shot" thing is a bit of a misused term.

In theory, this is just a restatement of the basic idea behind all affirmative defense self-defense cases. In other words, I did something that would be a crime (shooting someone, threatening to shoot them, or even firing a warning shot) but my guilt should be set aside because I was forced to do that thing or I believed I would be killed.

It seems that Florida had a problem with the previous version of the law not making it clear that shooting someone was not the only act, the guilt for which would be set aside due an articulable need for self-defense. This makes it clear that brandishing and even firing a shot that does not strike the attacker, could be justified if circumstances made those acts seem necessary.

As always, these things will remain rebuttable: if the evidence shows that you really were not in realistic fear for your life, you can still be convicted of a crime.

 

[Carl N. Brown]

I think that even under a warning shot law, if the reasonable person jury would be in fear of death or greivous bodily harm if they were in your shoes, they would consider less-than-lethal use of a deadly weapon justified. But I also suspect most juries would not accept any use of a deadly weapon if use was not justified on the common law "fear for life or limb" test. I would much rather have the option of brandishment or warning shot rather than wait til it reaches a kill-or-be-killed moment.

 

[Frank Ettin]

As mentioned in the thread Sam linked to in post 6, the bill passed and went to the governor for signature. I'd expect that the State of Florida has some site at which the final disposition would be posted.