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Good law in Florida

Discussion in 'Shooting Related Threads' started by mixer, Nov 26, 2010.

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  1. mixer

    mixer Well-Known Member

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    "East Perrine homeowner shoots, kills 2 armed intruders, police say


    MIAMI-DADE COUNTY — Miami-Dade police are investigating a Thanksgiving Eve attempted robbery during which a condo-dweller surprised two armed intruders with his own gunfire, killing both.



    Under Florida's Stand Your Ground Law, a resident can presume the threat of bodily harm or death from anyone who breaks into a home, and is allowed to take defensive measures, including deadly force, against an intruder."

    Eric
     
  2. grntitan

    grntitan Well-Known Member

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    Law or not its how i operate at my abode. Someone would be sh!tty out of luck if they broke in while i was home. Just don't shoot 'em in the back. That's when it gets tough to explain......

    Matt
     
  3. Txdirtbroker

    Txdirtbroker TS Member

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    The castle doctrine in Texas has always taken care of that issue
    Gary
     
  4. mx8dave

    mx8dave Member

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    I'd rather be judged by 12 than carried by 6,,heard that a long long time ago,,,mx8Dave
     
  5. trinketshooter

    trinketshooter TS Member

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    That law should be a nationwide law. If someone kicks your door down or breaks into your home silently, most likely they are not doing so to wish you Happy Thanksgiving or inform you about the black friday sale at Kohls. I am sure that we will soon find out that they were a couple of nice boys, formerly troubled youths, that were just starting to turn their lives around, probably reading the bible and praying to the lord every day. Neil
     
  6. grntitan

    grntitan Well-Known Member

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    Dave--Never heard that but i like it. I needed a good motto to live by. LOL

    Matt
     
  7. cubancigar2000

    cubancigar2000 Well-Known Member

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    He did exactly what he should have and what most of us would. His problem now lies not with the criminal law but the civillaw. Some lawyer will be all to ready to defend these creeps in a civil trial.
     
  8. Pull & Mark

    Pull & Mark Well-Known Member

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    Matt, That Florida law allows homeowner to shoot them in the back,side,front without having to deal with the aftermath. No police or even the intruders word can place the homeowner in trouble with the law. Even if later they find the intruder had no weapon. This also stops the lawsuits that were filed later by the intruder or his next of kin for money for hospital bills and pain and suffering and the rest of the B/S. This works for the homeowner in his car as well. If someone tries to break in your car (while your in it), by tring to open door, pounding on the glass window with fist or object. Your life is threatened and you can shot them though the window dead. Again without fear of the driver being in trouble with the law or being sued by the carjacker or his/her family. I'm sure the Texas law is very simular. Before this law the homeowner had to be in a defensive mode, by backing up 3 steps before he/she could shoot and lawyers getting involved, lawsuits against homeowner it was bad. Break-em all. Jeff
     
  9. Calkidd

    Calkidd Well-Known Member

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    Jeff, I am sorry, but your example of shooting someone just by pounding on the window is absurd. How can you possibly justify that your life was endanger just by someone beating on your window? I sure would hate to have to explain to the court that I shot a crazy homeless guy who was only begging for money.

    You have to be able to articulate why you did what you did regardless what the laws says. Sure the law is there to protect you, but it does not give you cart blanch to do what ever you think is right. I can tell you right now that the Florida law does not give you the the right to just shoot anyone, who enters your home, haphazardly and get away with it. Sure, I am complete agreement that if someone is willing to break in to your house with you there, also call a Hot Prowl or home evasion, you can articulate that this person is there to do you harm and therefore you can use the necessary means to protect yourself. You have the right to protect yourself and others from great bodily injury or death, but you don't have this same right to protect property.

    Bryan
     
  10. GW22

    GW22 Active Member

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    Neil, you are funny, cynical, and exactly right. It's always some preposterous sob story every time a crackhead robs/threatens somebody and gets what they've got coming.

    -Gary
     
  11. cubancigar2000

    cubancigar2000 Well-Known Member

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    Too bad the doctor who lost his family was not armed and ready. We need more laws like this with serious consequences to the creeps ( risk of death)
     
  12. sernv99

    sernv99 Active Member

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    .....or worse...a bunch of kids horsing around and banging on youw windows to scare you. Are you going to shoot them too?

    Bryan makes a good point: you need to be able to articulate why you used deadly force.
     
  13. CharlieAMA

    CharlieAMA TS Supporters TS Supporters

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    Here in Texas, we have the Castle Doctrine, as mentioned in the above post. But at the same time, you had better be damn sure why you are justified in using deadly force. You will have to prove it before a Grand Jury. If you take the Conceal Carry Class, they teach you all of this. Most instances, the word
    'agravated' comes into play. The person your are fixing to shoot better have a weapon, or fixing to do you bodily harm. You pull up to your house, and somebody is running off with your TV or stereo, you can't just drop them on the sidewalk. Somebody knocks a baseball or golfball through your window, you can't start pumping lead at them. After my wife and I took the class, when it first became available, I really didn't want to carry a gun, because of all of the BS you are going to go through if you did shoot someone. But I do carry one in my pickup for trips. If you shoot someone in your home, make sure they drop in your home, or drag them in. Just my two cents worth. Charlie Henderson
     
  14. Don Steele

    Don Steele Well-Known Member

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    Charlie...(and all interested parties...)..
    PLEASE DO NOT "drag them in". By doing so you have committed a felony yourself.
    As a result...pretty much EVERYTHING you say after that will be viewed through a totally different lense than if you had taken a legitimately necessary action to protect your own life, or the life of another and simply let the chips fall where they may.
     
  15. Barrelbulge(Fl)

    Barrelbulge(Fl) TS Supporters TS Supporters

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    Similar bill on our Governors desk in Pa. waiting to be signed. Bulge.
     
  16. amerrycan

    amerrycan TS Member

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    We have the make my day law here in coloirado. There was a deal about 10 months ago or so where a drunk guy was at what he thought was his house. Well it was not his home. He was 1 street off and was at the back door pounding on the glass trying to get in. The wife called 911 and the husband grabed his gun. The police where in route when the guy decided to break the glass out of the door to unlock it. When he did this the husband shot and killed him when he was still outside the home. The it was caught on the 911 tape and the huband walked away scott free as he should have.

    Bryan
    Don;t you think that if there was a risk/threat of getting shoot or loosing your life to thug/druggies that if the stole,assulted,or damaged your property for their gain. That we might just might have less crime. I think is I pull in my drive way and someone runs out of my front door with MY property that I WORKED to aquire that I would be inclined yell a warning to stop and get on the ground and if I got so much as a flinch that they where turning arround I would shoot to kill. How am I supose to know what this persons intensions are?? IF they are the type of person that is stealing then they are prone to crime and might be turning arround to shot me. Same goes for my car some homeless dude that is strung out on crack tries to open my car door!! Not going to happen My life is not worth the risk of a strung out,std,waste of air, homeless guys. As was stated my some one elese judge me with me 12 is better then being lowered my 6.
    James
     
  17. SF SGM

    SF SGM Member

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    The Florida law is very specific on the use of deadly force. One man shot another and just wounded him, the individual wounded got up and was leaving the scene and was shot in the back, the results, manslaughter as the threat was over. Too many people think you can just start shooting under the law but if you are a resident or have reciprical privilages for ccw, you had better know the law.. Once the threat is over, the shooting has to stop...
     
  18. GW22

    GW22 Active Member

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    When you feel threatened, go ahead and blast away with perceived impunity. You might end up in jail, but at least there will be one less dirtbag I have to worry about threatening my family. Thanks for taking one for the team.

    -Gary
     
  19. Pull & Mark

    Pull & Mark Well-Known Member

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    Bryan, there is a difference between a normal dressed person banging on your window to get help for something, while yelling help my wife she had a heart attack or simular story, someone with a sign saying out of work or simular misc, and a gang banger dressed in colors banging on your window tring to get in and steal your car. We had a person in there house the year before just after this law passed that happened who had a older teenager ring his doorbell on halloween after most younger ones had gone in, owner said he felt his life was threatened and he emptied a 30 round clip (AK-47) through the door and hit this teenager with 29 shots (walling away) in the back. He got off. While this sounds and is a very stupid case it was within the law as it is now written. I personnally see no reason at all to shoot someone through a locked door ever. It is also not uncommon these days to have your car carjacked while sitting at a red light in some areas. While most of us normal citizens try to stay out of most of these places, sometimes you have no choice if you want to go to some sporting games in Miami or larger cities. It was put in place mostly to help the ave. guy from getting sued or placed in Jail for defending himself under most any situation. Break-em all. Jeff
     
  20. likemybrownings

    likemybrownings Active Member

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    I guess I probably wouldn't shoot if someone was hauling out my TV, he dang well better not be tryin to leave with one of the Brownings.
     
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