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Scenario, need input.

This is a discussion on Scenario, need input. within the CCW forums, part of the Armory category; Originally Posted by ginzo It turns out it is just his finger, are you in trouble? I’m in FL, the “castle doctrine” state. Any opinions, ...


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Old August 14th, 2015, 02:01 PM   #16
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Originally Posted by ginzo View Post
It turns out it is just his finger, are you in trouble? I’m in FL, the “castle doctrine” state.

Any opinions, or comments in general?
"The Castle Doctrine" only applies inside your home (or car) in Florida.

Your right to shoot in the street is called the "Stand Your Ground" law. You can research the actual verbiage here:

776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.—(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.—s. 4, ch. 2005-27; s. 6, ch. 2014-195.


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Old August 14th, 2015, 02:42 PM   #17
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Thanks Jeff, I caught that after the fact, but didn't correct it. I'll do it now.

Chuck

Quote:
Originally Posted by JeffWard View Post
"The Castle Doctrine" only applies inside your home (or car) in Florida.

Your right to shoot in the street is called the "Stand Your Ground" law. You can research the actual verbiage here:

776.032 Immunity from criminal prosecution and civil action for justifiable use or threatened use of force.–(1) A person who uses or threatens to use force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution and civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened, unless the person against whom force was used or threatened is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use or threatened use of force as described in subsection (1), but the agency may not arrest the person for using or threatening to use force unless it determines that there is probable cause that the force that was used or threatened was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).
History.–s. 4, ch. 2005-27; s. 6, ch. 2014-195.


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Old January 22nd, 2016, 08:44 PM   #18
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You may have to convince a jury that he actually said those things and that you believed it when he said it and were truly in fear for your life.

If they don't believe you, you are in deep doo doo.

In the circumstances you describe, you shot an unarmed man andI hope you either have witnesses or your lawyer is F. Lee Bailey.

P.S. Don't shoot someone because you can, shoot them because you have no other choice.

Last edited by GentlemanJim; January 22nd, 2016 at 08:46 PM.
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Old February 29th, 2016, 11:08 AM   #19
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Here in Ohio we have Castle doctrine which like Florida extends to your car or a relatives.. If it's a friends car, better step out and start walking.Unless a weapon is actually pulled and then they have what is called duty to retreat if it can be done safely. Here, when I took my CHL class they stressed the "Reasonable Person" term. Which means just because YOU say or even feel that your life was in danger doesnt cut it necessarily. It has to meet what a reasonable person would think/feel.

That being said, here and I guess everywhere that has any kind of self defense laws, 3things have to be present for it to be considered a good self defense shoot.

First they have to have intent. Someone saying I'm going to kill you doesn't necessarily meet intent. For example: If someone is across the street yelling I am going to kill you and all they have is a ball bat or a knife, unless they start advancing towards you it's going to be hard to prove intent as well as the next condition which is means.

Second is means to do grave bodily harm or cause death: As I said above if they are across the street with anything less than a firearm or bow and arrow etc. Then means won't apply. Now if they have a gun, then means is there, and I would say most reasonable folks would agree intent was present as well.

The third condition is opportunity: If someone says I'm going to kill you but then gets in a car and leaves,you can't start shooting at the car. And you cant shoot them the next day either lol

So here they teach those three conditions have to be present for self defense to be a defense... Folks really need to check out their local laws as well as other states laws if you are going to be traveling and carrying in those states. It's easy to get jammed up.

Last edited by Bama77; February 29th, 2016 at 11:11 AM.
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Old March 8th, 2016, 04:01 AM   #20
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Originally Posted by kdweaver View Post
If they're in my home, no questions asked they're going down. If I'm on the street during daytime and someone says they're going to kill me, I'm drawing and waiting for a lethal weapon to be presented before I shoot. In the darkness of night when I can't see their hands, im not taking a chance.
In my opinion this (hesitation) is where people get themselves hurt. The moment you draw a weapon you are now the threat, and the lethal weapon my never present itself, but rather be fired through his pocket. Or worse your own weapon taken and used against you.

I personally would never draw as a deterrent. I carry with one in the chamber and no safety for a reason. If I am in such a bad spot that I feel I must draw then I will fire.

My son (who is LEO and former USMC) and I debate this often, as his training allows him to pull a weapon as a show of force and for detainment. Where as my training is purely defensive and has no other purpose than to eliminate the immediate threat.
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Old November 3rd, 2016, 04:43 AM   #21
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There are down sides to any action you might take. If you live in a state that allows civil action, you can still wind up in court even if the criminal authorities clear you. Either way, Mr. Bad Guy, regardless how nefarious, has family and friends. These people will know you, your family and where you live. Chances are you'll have to move, probably out of state. Bottom line? Make yourself familiar with local laws and ensure situational awareness is at the top peg.
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