Hb 311
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  1. #1
    Senior Member MisterEd's Avatar
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    Hb 311

    Joh Gutmacher's take on the proposed bill:

    https://orlandocriminallawyer.blogsp...rida-bill.html
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  2. #2
    Distinguished Member BrianB's Avatar
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    No exception for police in that law. Every time they draw their guns they will commit a felony if they don't actually go ahead and shoot the person.
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    Quote Originally Posted by BrianB View Post
    No exception for police in that law. Every time they draw their guns they will commit a felony if they don't actually go ahead and shoot the person.
    I generally believe there should never be special carve-outs in law for police. However, the text of this Bill is particularly stupid. I'm guessing it won't pass in the present form.
    -BH

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    Distinguished Member Riverpigusmc's Avatar
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    They always do carve out for cops, which is absurd
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    Distinguished Member joecarry's Avatar
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    Quote Originally Posted by BeerHunter View Post
    I generally believe there should never be special carve-outs in law for police. However, the text of this Bill is particularly stupid. I'm guessing it won't pass in the present form.
    Agreed.
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    The author of this bill is Ralph Massullo, Jr., a RINO out of Citrus County. He needs a good primary challenger. He carries an undeserved NRA “A” rating, despite having voted in favor of the red flag law.
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    Distinguished Member flphotog's Avatar
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    The companion bill in the Senate CS/SB 728: Threats has already passed out of the Infrastructure and Security committee 7 yeas 0 nays.

    It looks like they have at least added the following:
    2)A person does not violate subsection (1) if he or she uses or threatens to use a firearm or any other weapon in lawful self-defense, lawful defense of others, or lawful defense of property.

    I'm a bit confused about "lawful defense of property", I didn't think it was legal to use a firearm to protect property in FL?
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  9. #8
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    Quote Originally Posted by flphotog View Post
    The companion bill in the Senate CS/SB 728: Threats has already passed out of the Infrastructure and Security committee 7 yeas 0 nays.

    It looks like they have at least added the following:
    2)A person does not violate subsection (1) if he or she uses or threatens to use a firearm or any other weapon in lawful self-defense, lawful defense of others, or lawful defense of property.

    I'm a bit confused about "lawful defense of property", I didn't think it was legal to use a firearm to protect property in FL?
    See f.s. 776.031(2) below with my emphasis addec:

    776.031 Use or threatened use of force in defense of property.—(1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to prevent or terminate the other’s trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
    (2) A person is justified in using or threatening to use deadly force only if he or she reasonably believes that such conduct is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be.
    History.—s. 13, ch. 74-383; s. 1189, ch. 97-102; s. 3, ch. 2005-27; s. 5, ch. 2014-195.
    -BH

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  10. #9
    Distinguished Member flphotog's Avatar
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    Thanks for the clarification
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