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Sorry, I should have been clearer. My question about " can you tell someone your armed was not in reference to the situation I talked about at Whole Foods. That would be ridiculous. I was changing the subject a bit. So, I'm asking again. In a situation that that is becoming threatening, Is there a difference legally between brandishing, and verbally letting someone know your are armed ? Just wondering
No worries, makes more sense now. :grin

I'm not an attorney, but it is my understanding that you are justified in both presenting your firearm or announcing your firearm if the situation deems your usage of the firearm.

Can you do it because someone littered and you want them to pick up their trash? Well, no. What would you do if they told you to kick rocks?

Can you do it because some guy just grabbed a woman who's screaming, "RAPE, HELP!" and was attempting to drag her into a van? Well, possibly. What would you do if this person told you to pound sand? Before you answer, what if it was a US Marshal apprehending a fugitive?

Basically, if it's legal to shoot, it's legal to present or announce. Many, if not most, DGUs do not even require the trigger to be pulled. Then again, stating you have a gun to someone who's done nothing wrong could be interpreted as aggravated assault--a felony. (784.021)

Clear as mud, right? :grin

Remember, I'm not an attorney and this is not legal advice. Those wiser than I will be on soon enough to correct me if I've misspoke.

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Discussion Starter #102
To be more clear with my question, if you brandish your firearm, you better have a good reason ( legally speaking ) for doing so. Is verbally saying " I am armed " basically the same thing. Forget about what the other person might or might not say to authorities. Just wondering about the basic question?
 

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Is verbally saying " I am armed " basically the same thing.
Not a question that can be answered in isolation like this. It depends entirely on the circumstances of the situation. It depends on what led up to you feeling the need to announce that you are armed. It even depends on how the other person will interpret your announcement. Without context, the question cannot be answered.
 

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Sorry, I should have been clearer. My question about " can you tell someone your armed was not in reference to the situation I talked about at Whole Foods. That would be ridiculous. I was changing the subject a bit. So, I'm asking again. In a situation that that is becoming threatening, Is there a difference legally between brandishing, and verbally letting someone know your are armed ? Just wondering
There is no law that would specifically prevent you from telling someone you are armed. But, as others have said, context will be a factor. Read on.

First, our analog to a "brandishing" statute is our "improper exhibition" statute, F.S. 790.10:

Improper exhibition of dangerous weapons or firearms.—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, punishable as provided in s. 775.082 or s. 775.083.

Nothing there about telling someone you have a gun. But there is something there that may play into this scenario. If a person is being aggressive with you, and you move your jacket/shirt aside to show you are carrying a firearm, it would be OK as long as a reasonable person would perceive that it was done "in necessary self-defense".

The only way I could see that telling someone you are armed might be an crime is if the totality of your conduct met the elements of aggravated assault (F.S. 784.021). Aggravated assault is an intentional, unlawful threat by word or deed, accompanied by a deadly weapon, to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Now if you are warning off someone who is menacing you, and you merely say "move along buddy, I'm armed and you don't want to do this", I don't think a reasonable person would call that an "unlawful threat". But if one were having a disagreement with another fellow over a girl, and one were to say "you better get out of here - I have a gun and I'll blow your head off", even if you didn't show the gun it would possibly still be aggravated assault if the other person reasonably believed that you had a gun and reasonably believed you were going to use it.
 

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To be more clear with my question, if you brandish your firearm, you better have a good reason ( legally speaking ) for doing so. Is verbally saying " I am armed " basically the same thing. Forget about what the other person might or might not say to authorities. Just wondering about the basic question?
I'm always armed up, got two of them. They have hands at the end of each of them.

As for your question. Verbally telling someone you're armed isn't brandishing, brandishing is displaying.

Why would you be telling someone you're armed to begin with? To intimidate them to back off? To warn them not to start anything? Isn't that actually trying to intimidate the other person, or a low keyed threat? I know how I'd look at it as a juror hearing you/d told the guy you were armed.

Gun is last resort against grave bodily harm or death, the gun isn't used to intimidate [ either by brandishing or verbal warning of you're being armed ]. Knowing that, you should be able to answer your own question.
 

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I'm told this thread is fixed now. If you still have issues, please let us know.
 

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Discussion Starter #107
There is no law that would specifically prevent you from telling someone you are armed. But, as others have said, context will be a factor. Read on.

First, our analog to a "brandishing" statute is our "improper exhibition" statute, F.S. 790.10:

Improper exhibition of dangerous weapons or firearms.—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, punishable as provided in s. 775.082 or s. 775.083.

Nothing there about telling someone you have a gun. But there is something there that may play into this scenario. If a person is being aggressive with you, and you move your jacket/shirt aside to show you are carrying a firearm, it would be OK as long as a reasonable person would perceive that it was done "in necessary self-defense".

The only way I could see that telling someone you are armed might be an crime is if the totality of your conduct met the elements of aggravated assault (F.S. 784.021). Aggravated assault is an intentional, unlawful threat by word or deed, accompanied by a deadly weapon, to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

Now if you are warning off someone who is menacing you, and you merely say "move along buddy, I'm armed and you don't want to do this", I don't think a reasonable person would call that an "unlawful threat". But if one were having a disagreement with another fellow over a girl, and one were to say "you better get out of here - I have a gun and I'll blow your head off", even if you didn't show the gun it would possibly still be aggravated assault if the other person reasonably believed that you had a gun and reasonably believed you were going to use it.
That answered my question, thank you Brian !
 

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I'm told this thread is fixed now. If you still have issues, please let us know.
No problems as I changed my settings per Brians recommendation to 100 per page. No pages missing :thumup
 

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It should have been clear that when he peed on the floor that his urinary system was dysfunctional. Isn't that the time to apply those difib paddles to the affected parts and let it rip? All that high-tech medical gear available and no one to use it.
 

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Discussion Starter #111

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So, now a beggar has raised it to a new level !! This was only at 7pm !

https://www.clickorlando.com/news/2019/11/22/man-shot-leaving-orlando-7-eleven-after-declining-to-give-another-man-money-deputies-say/

Makes me want to stick to my usual response of ignoring the request, but puts me on high alert at 7-11 stores. Many beggars there, and quite a few shootings there recently.
7-11 after dark? Why in the hell would anyone make a run to 7-11 after dark KNOWING the potential for altercations in the first place. Around here, I see very few or no vehicles/customers in those stores after dark. That's like visiting an atm after dark IMO.

And in my own circumstance, if I'd been shot and viable enough to drive myself to a hospital, someone would have to call a morgue truck for the person who shot me. Leaving me viable enough to drive away, that turd is going to ambient temp before emergency services arrive.
 

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7-11 after dark? Why in the hell would anyone make a run to 7-11 after dark KNOWING the potential for altercations in the first place. Around here, I see very few or no vehicles/customers in those stores after dark. That's like visiting an atm after dark IMO.

And in my own circumstance, if I'd been shot and viable enough to drive myself to a hospital, someone would have to call a morgue truck for the person who shot me. Leaving me viable enough to drive away, that turd is going to ambient temp before emergency services arrive.
Have you never had a late night craving for one of their cheeseburger hotdogs?

I’ve stayed away from convenience stores after dark for years now..... I’d hate to waste my expensive SD ammo on the perps that hang out there at night.


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7-11 after dark? Why in the hell would anyone make a run to 7-11 after dark KNOWING the potential for altercations in the first place. Around here, I see very few or no vehicles/customers in those stores after dark. That's like visiting an atm after dark IMO.

And in my own circumstance, if I'd been shot and viable enough to drive myself to a hospital, someone would have to call a morgue truck for the person who shot me. Leaving me viable enough to drive away, that turd is going to ambient temp before emergency services arrive.
I don't do convenience stores at night either and have trained my family to do the same.
 

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Have you never had a late night craving for one of their cheeseburger hotdogs?

I’ve stayed away from convenience stores after dark for years now..... I’d hate to waste my expensive SD ammo on the perps that hang out there at night.


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Last time I was in a 7-11 was, hmm, at least 15 years ago since I moved to Az. They have NOTHING I need and little I'd want or couldn't get elsewhere :grin
 

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Last time I was in a 7-11 was, hmm, at least 15 years ago since I moved to Az. They have NOTHING I need and little I'd want or couldn't get elsewhere :grin
Yeah..... pretty much useless to me and my better half.


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I visit the 7/11 at Federal and Taft street each Saturday morning at 6:00AM for cash back for the laundry across the street.
Street activity is winding down at that hour so a few hookers and beggers.
 
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