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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.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
If your attackers have you down and are still beating you, I can see no other way to interperate their actions but to see them as an attempt to inflict great bodily harm or worse. Multiple attackers, and younger at that, would also be a disparity of force.
Yea tho I walk through the valley of the shadow at Walmart, I shall fear no weavils.03Lightningrocks wrote:With all these Walmart stories lately, maybe the "Wally Walk" should be moved to a less dangerous location.
...somehow, "McWalk" just doesn't have the same ring to it...03Lightningrocks wrote:With all these Walmart stories lately, maybe the "Wally Walk" should be moved to a less dangerous location.
I know my link below happened in California, but still...the "McD's" aren't any safer.speedsix wrote:...somehow, "McWalk" just doesn't have the same ring to it...03Lightningrocks wrote:With all these Walmart stories lately, maybe the "Wally Walk" should be moved to a less dangerous location.
Words of wisdom to all. Shootin' people, even bad people is gonna' bring on a lot of conversation, very expensive conversation.Keith B wrote:Not knowing the severity of the 'beating' that was going on, it is hard to determine wheter it would have been justified. Punching can be light punches or severe blows. If they are punching my body, it is far different than head shots. My opinion is he had the gun out, intended to use it if the issue escalated, but was able to thwart the assault by hitting them with the gun.
I say good for him. This is a MUCH cheaper alternative that going through the legal cost you will incur if you just shoot someone to stop the attack vs. another method.