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Thread: Am I Brandishing?

  1. #11
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    Quote Originally Posted by Rich7553 View Post
    776.012 Use of force in defense of person.

    —A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

    (1)He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

    (2)Under those circumstances permitted pursuant to s. 776.013.

    776.08 Forcible felony.

    —“Forcible felony” means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

    Looks ok to me, but what is legal is not always the smartest thing.

    Just so it is clear.

    Burglary applies only to
    dwelling, a structure, or a conveyance

    And
    “Robbery” means the taking of money or other property which may be the subject of larceny from the person or custody of another. . .

    I am not a lawyer!
    My opinion/comments are strictly that: My own, well researched, opinions.
    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

  2. #12
    Distinguished Member patrickhenry1776's Avatar
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    Quote Originally Posted by brboyer View Post
    as has already been pointed out, there is no such crime as 'brandishing' in florida.

    Having a pistol/rifle at low ready while you investigate suspicious activity would not be considered


    you may not use deadly force to end someone's trespass on your property. Pointing a firearm at a trespasser, may be considered deadly force by a jury.

    personally, my two pit bulls are the first responders for noises outside. I follow with handgun/long gun depending on the nature and volume of the screams that result.


    Release the hounds.
    "I don't give a rats arse what the constitution allows or not where this matter is concerned."
    Brownie May 2, 2014


    There'd be hell to pay if they wanted to play with that crap. Thinking night vision on the m14 with can on it at 0 dark 30 and let it speak for me from 500 yrds out.
    Brownie May 5, 2014



    Has liberty and human life become worthless?




    Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty, or give me death!

    Patrick Henry

  3. #13
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    Raise the drawbridge, and the gators in the moat haven't been fed in a month.
    I certainly WOULDN'T go outside. Shut off all inside lights and peek out the windows, with my firearm and phone at the ready of course.

  4. #14
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    I think that you are brandishing in your scenario. And to me open carry still has the firearm in a holster not in your hand and pointing it.

  5. #15
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    Quote Originally Posted by pbmike View Post
    I think that you are brandishing in your scenario. And to me open carry still has the firearm in a holster not in your hand and pointing it.
    You would be mistaken.

    Also, as already posted, no such thing as 'Brandishing' in Florida.

    I am not a lawyer!
    My opinion/comments are strictly that: My own, well researched, opinions.
    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

  6. #16
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    I don't think its considered brandishing; you are allowed to openly carry in your own property correct?

    Inside or outside your house and within the yard is still your property. you can walk around inside your house while having your firearm out, why not outside in your own yard also. If you feel that you are in danger in your own property, having your firearm at the ready is not out of line IMO.
    -Fortune Favors the Brave.

    -Do not be overcome by evil, but overcome evil with good.

  7. #17
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    Quote Originally Posted by Eiji81 View Post
    I don't think its considered brandishing; you are allowed to openly carry in your own property correct?

    Inside or outside your house and within the yard is still your property. you can walk around inside your house while having your firearm out, why not outside in your own yard also. If you feel that you are in danger in your own property, having your firearm at the ready is not out of line IMO.
    Correct. No requirement for a holster.
    Just be careful not to point it at someone, unless they are committing a felony. That would be a crime.

    I am not a lawyer!
    My opinion/comments are strictly that: My own, well researched, opinions.
    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

  8. #18
    Distinguished Member safetyguy60's Avatar
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    Where did we get the idea that there is no crime for this? Be safe out there.....

    In the State of Florida, Improper Exhibition of a Firearm, also commonly referred to as Brandishing a Firearm, is a criminal offense under Florida Statute 790.10. This statue states: "If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree".

    http://www.ajayfirearmslaw.com/impro...on-firearm.htm

    And from our friend, Jon H. Gutmacher, Esq. Author of the book titled: "Florida Firearms -- Law, Use & Ownership" (I would suggest if you have a CWP, to buy the book)

    Located at: http://www.floridafirearmslaw.com/Im...rm-Weapon.html
    Improper Exhibition Of A Firearm Or Oher Weapon

    Improper exhibition of a firearm and or improper display of a weapon are crimes governed by Florida Statute 790.10. This statute is officially titled as "improper exhibition of dangerous weapons or firearms", and the statute states that "if any person having or carrying any . . . weapon shall, in the presence of one or more (other) persons, exhibit the same in a rude, careless, angry or threatening manner, not in necessary self defense, the person so offending shall be guilty of a misdemeanor of the first degree".

    The offense owes its roots to the common law crime of "brandishing".

    Remember it says: exhibit the same in a rude, careless, angry, or threatening manner. Just having it in your hand, finger off the trigger held at you side is okay. Waving it around saying things like "I am going to blow you away" would not be good. In either case I would strongly suggest when confronted by a LEO and told to "Drop it" you drop it quick and do not move! LOL
    Speak softly but carry a big stick!

  9. #19
    Distinguished Member Misty02's Avatar
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    I have a question about 776.013 Home protection – it is kind of related to the OP. The definition of “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

    My question, the front yard in my house is not fenced, that part is ok. The backyard is fenced and then we have a large screened patio attached to the dwelling. The deck is made of cement foundation, same as the house; the ceiling is the same as the addition of the house as well. It was originally built in a way that with the addition of 2 walls (currently L shaped) it could become another room of the house. This area is currently screened in, it has two doors. It has furniture, but it’s patio furniture. People could spend the night out there but it is not currently designed (or set up) for that purpose. It has ceiling fans and even a fridge.

    I can’t consider this part of the dwelling, now can I?
    "In making tactical dispositions, the highest pitch you can attain is to conceal them." - Sun Tzu
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    …there is also a rule of the road on the water that states regardless of right of way every party involved is required to make every effort to avoid conflict on the water...rules to live by....

  10. #20
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    Quote Originally Posted by Misty02 View Post
    I have a question about 776.013 Home protection – it is kind of related to the OP. The definition of “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

    My question, the front yard in my house is not fenced, that part is ok. The backyard is fenced and then we have a large screened patio attached to the dwelling. The deck is made of cement foundation, same as the house; the ceiling is the same as the addition of the house as well. It was originally built in a way that with the addition of 2 walls (currently L shaped) it could become another room of the house. This area is currently screened in, it has two doors. It has furniture, but it’s patio furniture. People could spend the night out there but it is not currently designed (or set up) for that purpose. It has ceiling fans and even a fridge.

    I can’t consider this part of the dwelling, now can I?
    Sure:
    including any attached porch
    Don't get too hung up on
    and is designed to be occupied by people lodging therein at night.

    I am not a lawyer!
    My opinion/comments are strictly that: My own, well researched, opinions.
    If anyone needs legal advise, please seek out a qualified attorney.
    Do not rely on my, or anyone Else's, opinions to keep you out of legal trouble.

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