Assume you have no CCW but have a gun in your vehicle. Driving along you witness an attack on an individual that looks deadly. Can you grab the weapon and rush to defend the victim, or have you given up castle doctrine defense? I imagine this has been answered before but not that I recall seeing.
Question re: gun use
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Xbonz, you always come up with good questions there, Bud.
I for one, regardless of what the law says, have to live with myself at the end of the day. I couldn't imagine letting a totally innocent person face possible death or serious injury without doing whatever I could to avert it. I would try to explain the situation to the responding LEO, but if he didn't buy it, so be it. I'd rather go to jail that to go to h: censoredll. Just my .02 worth.
Beers,
Ken
I for one, regardless of what the law says, have to live with myself at the end of the day. I couldn't imagine letting a totally innocent person face possible death or serious injury without doing whatever I could to avert it. I would try to explain the situation to the responding LEO, but if he didn't buy it, so be it. I'd rather go to jail that to go to h: censoredll. Just my .02 worth.
Beers,
Ken
Thank you sir. Owing to 'CRAFT' syndrome please let me know if I ask the same question more than once..:laughing
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My sentiments exactly. :thumsup
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Agree with Hodawg with a caveat. YOU ARE SURE ABOUT WHAT IS GOING DOWN. There is a line between legitimate defense of someone's life and convincing yourself you see something that isn't actually as serious as your reaction.
A guy with a couple of drinks in him who is pulling his wife down the street because she is wasted too and flirted with a dude in the bar they just left does NOT justify going all "Dirty Harry".
Five guys standing around a woman and tearing her clothes off as she screams for help DOES.
You might be surprized how many confuse the two!
A guy with a couple of drinks in him who is pulling his wife down the street because she is wasted too and flirted with a dude in the bar they just left does NOT justify going all "Dirty Harry".
Five guys standing around a woman and tearing her clothes off as she screams for help DOES.
You might be surprized how many confuse the two!
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Well, according to " 776.031 Use of force in defense of others. " I would say that legally you would be within the law. If the attacker were armed with some type of weapon, I would say that deadly force would surely be legal.
Please make sure that you carry the firearm " securely encased ", since you have no FCWL, when you have it with you in the car.
Please make sure that ALL of the criteria is met before you use deadly force, but I think the " threat " of deadly force would be legal to stop this attack.
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As I understand it, these are 2 different statutes.
F.S. 776.013 is "Home Protection; Use of Deadly Force; Presumption of Fear of Death or Great Bodily Harm". I think this is what is commonly referred to as the "castle doctrine".
Your scenario would fall under F.S. 776.012, "Use of Force in Defense of Person". This authorizes the use of deadly force if the person reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself or another.
As always: Gutmacher beginning page 204 through 219.
F.S. 776.013 is "Home Protection; Use of Deadly Force; Presumption of Fear of Death or Great Bodily Harm". I think this is what is commonly referred to as the "castle doctrine".
Your scenario would fall under F.S. 776.012, "Use of Force in Defense of Person". This authorizes the use of deadly force if the person reasonably believes such force is necessary to prevent imminent death or great bodily harm to himself or another.
As always: Gutmacher beginning page 204 through 219.
Guess I need to buy that book..
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If that was you getting the snot knocked out of you...would you be justified in using deadly force?
That is how you have to view the situation. If you feel you would be justified if it was you, then you are justified if it's someone else...licensed or not. Castle doctrine doesn't really apply since it's not your home or vehicle being violated.
A CWFL is a license to carry a weapon, not use one. Use of force (including lethal force) in regards to others is relegated to other statutes (776.012 being primary).
A word of caution before wading into the fray, however, though...you'd better be right.
ETA: Holy coincidence, Batman! Three of us posting the same thing at once!
What TS and AtlantaGuy said.
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Hey Paladin, did you get the Father's Day gift you requested?
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As T-Sarge and Atlanta said, you would definitely be legal on this, if you're sure of the situation. I'd add that having or not having a CCW is totally irrelevant. The CCW merely allows you to carry concealed. Using the weapon is governed by other statutes.
We had a shooting awhile back here in Orlando at a Kangaroo store. It was a perfect example of just this situation, and the GG didn't have, or need, a CCW.
We had a shooting awhile back here in Orlando at a Kangaroo store. It was a perfect example of just this situation, and the GG didn't have, or need, a CCW.
What happened to the GG?
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Fortunately, it appears that the law is on my side on this one (for once). As I said before, my conscience has to be my guide. I may have to deal with Man now, but I'll have to deal with the All Mighty later. If I know in my heart that I have to handle this situation versus a complete innocent getting killed / severely hurt and wondering about the legality of it, well, I've said it before........So be it. Probably not the most prudent advice, but then again, I wasn't asked for advice. Oh wait, yes I was. Oh well, just my humble opinion. By the way, DON'T CALL ME TO GET YOU OUT OF JAIL!!! Not much I can do for you, and you probably don't want me talking to the Judge anyway.
Beers y'all,
Ken
Beers y'all,
Ken
I figure I'd get Deadeye to break me out:rolf:rolf
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I don't know if DeD wants to go there! :laughing Not that I'm trying to speak for him or anything!
Beers,
Ken
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I'll bring you a cake with a file in it.
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Not only do you need to be sure of what is going down,
you need to be sure that your intervention is wanted and appreciated.
I had the experience 20+ yrs ago, of watching a man beat the crap out of his wife/GF on the interstate in Miami. I stopped to help. She made it very clear that I was not wanted.
And there have been a number of threads where someone stopped what was clearly a forcible felony, and the 'victim' turned around and sued the Good Samaritan.
Strange world we live in, in case all y'all hadn't noticed.
you need to be sure that your intervention is wanted and appreciated.
I had the experience 20+ yrs ago, of watching a man beat the crap out of his wife/GF on the interstate in Miami. I stopped to help. She made it very clear that I was not wanted.
And there have been a number of threads where someone stopped what was clearly a forcible felony, and the 'victim' turned around and sued the Good Samaritan.
Strange world we live in, in case all y'all hadn't noticed.
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+1 and the reason the example I gave of five men attacking a woman is the extreme. Unless it is extreme and IF you are not an LEO, be very , very careful what you involve yourself in.
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