[GlockComa]

I thought this up yesterday, being on a service call in a bad area..

1)
In the backyard by yourself and the only thing seperating you and a very angry canine (actually 2) is a 3ft chain link fence. Dog is barking viciously, jumps the fence, runs up chomps on your leg, and continues the attack. Do dogs have special laws or can they be BGs too?

2)
Walking back to the service truck, you see a guy or two running off with a couple grand in tools that were easy accessible.. (or, just my drill, whatever)... Can't shoot 'em in the back, right? or can you?

3)
just to make sure: Brandishing (well, drawing and pointing) to resolve a situation is (good/bad)? Say, you didn't have to pop the guy after he sees the piece and stops the attack...??? (I've heard 'you only draw to kill') but would this just be proper use of force or....?

-GC

 

[capngeo]

1) shoot
2) don't shoot
3) don't shoot, call lawyer:rolf

 

[FLRon]

IMHO, on your first question, yes, if you are in fear of grave bodily damage, you can protect yourself by shooting the dog.

As far as your second question, no, you can't shoot them for a property theft, particularly if they were running away.

You may not unholster a weapon and use it as leverage in an argument. If the weapon leaves the holster, it must be to save you, or someone in your presence from imminent death, or grave bodily injury.

If you are not aware of this book, you really should buy it. It is called Florida Firearms, Law, Use & Ownership, by Jon Gutmacher. In his book he deals with these issues and everything you would ever need to know if you carry a concealed weapon in Florida

http://www.floridafirearmslaw.com/m..._Code=Florida-Firearms-Law-Use-Ownership-Book

 

[Glock23-4-Me]

I thought this up yesterday, being on a service call in a bad area..

1)
In the backyard by yourself and the only thing seperating you and a very angry canine (actually 2) is a 3ft chain link fence. Dog is barking viciously, jumps the fence, runs up chomps on your leg, and continues the attack. Do dogs have special laws or can they be BGs too?

2)
Walking back to the service truck, you see a guy or two running off with a couple grand in tools that were easy accessible.. (or, just my drill, whatever)... Can't shoot 'em in the back, right? or can you?

3)
just to make sure: Brandishing (well, drawing and pointing) to resolve a situation is (good/bad)? Say, you didn't have to pop the guy after he sees the piece and stops the attack...??? (I've heard 'you only draw to kill') but would this just be proper use of force or....?

-GC

1 shoot
2 dont shoot
2 brandishing a gun to get the upper hand in an argument is illegal and you will go to prison

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.

 

[GlockComa]

ok cool, so...

Roger.

but, #3:
BG has a knife, you pull out the biscuit, BG hauls ass.. Did you just get in trouble for brandishing errr.. (I was still in fear for my life at the time the knife was out)

 

[FLRon]

If BG has a knife, and you are in fear of grave bodily harm or death, you are absolutely allowed to draw your weapon and protect yourself from attack.

Your original scenario did not make mention of a knife. Of course this is broadly speaking, without taking into account the proximity, the nature of the knife, disposition and posture of the attacker, etc.

 

[GlockComa]

it was all put together making sense in my mind it just didnt transfer from brain to keyboard

 

[FLRon]

These scenarios can get tricky.

 

[capngeo]

These scenarios can get tricky.

You mean the Brain/Keyboard, or the Knife/distance??:rolf:rolf

 

[FLRon]

Both at times.

 

[Rvrctyrngr]

Entirely too much what if'n and thinkin' going on here. My brain hurts. Need (another) beer. :drinks

Seriously....when you want to 'what if' when you have a weapon, first think about the same 'what if' as if you didn't have a weapon....then go from there.

A firearm is a tool, not a solution.