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by The Annoyed Man
Mon Feb 20, 2012 12:01 pm
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3735

Re: Man pistol whips Walmart assailants

Keith B wrote:Remember, this was in Florida. They have different rules on deadly force. There is also case law. See this from their Concealed Weapons State Site http://licgweb.doacs.state.fl.us/weapon ... fense.html" onclick="window.open(this.href);return false;
Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.
Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.

Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.
I'm not disputing what you've said, but I would say that getting whooped by two younger men, while you're down on the floor, is reasonable cause for fearing death or serious bodily harm, and shooting one or both of them might have been justified...............unless Florida law also requires that your injuries sustained pass a certain threshold of severity before you can defend yourself. Given that Florida is the pioneer (more or less) in the modern movement to establish "shall issue" laws, it would seem to me difficult to believe that they would require you to be beaten half dead before you're allowed to fire on someone.
by The Annoyed Man
Mon Feb 20, 2012 11:50 am
Forum: The Crime Blotter
Topic: Man pistol whips Walmart assailants
Replies: 51
Views: 3735

Re: Man pistol whips Walmart assailants

I don't understand why he didn't just shoot them?

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