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This Gun Law Is What Gun Owners Are Constantly Getting Wrong...

3244 Views 40 Replies 15 Participants Last post by  Calimwulf
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Thank you.

The internet is forever...
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I might observe that offering any opinion on a matter such as this in a public forum whose posts can be examined by a prosecutor if one is involved in a shooting mishap is highly inadvisable.

Rule one: keep your mouth shut

Just sayin'. YMMV.
Unless of course you know what you’re talking about and give people honest legitimate advice. Many folks in the forum have real experience and have been here more than a decade. They often have sense enough to make comments that can’t be misused, some have even prosecuted cases before.

Rule two: Have more than a few hours time in grade before lecturing folks you don’t know. You might encounter a warmer welcome.
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I might observe that offering any opinion on a matter such as this in a public forum whose posts can be examined by a prosecutor if one is involved in a shooting mishap is highly inadvisable.

Rule one: keep your mouth shut

Just sayin'. YMMV.
Welcome to FCC from Palm Beach County, EdinFlorida! 🍻
Thank you.

The internet is forever...
Nice lecture from someone that just got here. :unsure:

Now that you've successfully joined FCC, please now take the time to really educate yourself on how FCC actually works (see last paragraph below) and then please post you're own proper Introduction Thread to FCC letting forum members get to know you more, of course without getting too personal while you get to know us more! You can do that by going to the Introduce Yourself section of The Front Office and start your very own introduction thread. Then you'll find that lots of other FCC members will know to chime in to properly welcome you to the forum, and will be more responsive in answering your questions!

If you're a veteran, take a look at our Military Service Thread where you'll find many of us there, too!

In case you weren't aware, you can stay current on pertinent Florida Statutes regarding use of force and firearms law by going right to the source using these links for Chapter 776 - Justifiable Use of Force and Chapter 790 - Weapons and Firearms. I'd also like to suggest you obtain your own copy of FLORIDA FIREARMS Law, Use & Ownership by Jon Gutmacher!

Also, I highly recommend you read this thread to understand how to navigate FCC to get the most out of your experience. One particular item that's caught many veteran FCC members off guard is the "Recommended Reading" at the bottom of each page, which MAY contain quite old threads of inactive conversations lacking up-to-date information or context. So beware of the date of the last post (just to the right of the post number) in any thread you come across so you don't mistakenly think every post is recent and start responding to very old posts/threads that been dormant for quite some time, sometimes for many years.

Again, welcome to FCC and good luck! :cool:
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Unless of course you know what you’re talking about and give people honest legitimate advice. Many folks in the forum have real experience and have been here more than a decade. They often have sense enough to make comments that can’t be misused, some have even prosecuted cases before.

Rule two: Have more than a few hours time in grade before lecturing folks you don’t know. You might encounter a warmer welcome.
Sorry. Friendly advice from one who has been sued.

I withdraw my comments.

Have a nice day.
Sorry. Friendly advice from one who has been sued.

I withdraw my comments.

Have a nice day.
That’s probably a good idea…
If I catch a burglar, The Burglar will have 911 called on them. Ain't no way I am going to be shooting a burglar even if they are carrying a gun.
This is why it is very important to always carry your cell phone or house phone in your home no matter what room you are in.
You pay for these services through your tax & phone bill. (((USE THEM FIRST)))
Be smart,
Hide in a closet and dial 911 and the Police will be there as soon as they are finished the coffee & donuts.
Ronnie
Finally a person who doesn't have the attitude of "I wish I could shoot a bad guy and get away with it".
Finally a person who doesn't have the attitude of "I wish I could shoot a bad guy and get away with it".
FYI, Ronnie's sarcasm key is locked in the "ON" position. He may get a new keyboard one day, but for now, he just can't post without it.🙃🙂🙃
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Finally a person who doesn't have the attitude of "I wish I could shoot a bad guy and get away with it".
It is my impression that extremely few of the regular participants on this forum have that attitude.
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It is my impression that extremely few of the regular participants on this forum have that attitude.
This is very true! 🤠
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It is my impression that extremely few of the regular participants on this forum have that attitude.
I should correct myself. I shouldn't have said "extremely few." I should have said "almost none."
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Totally silly response. Of course you are violating the law IF you are already committing an offense and are shooting while in the act. Even so, your survival would trump the fact you are illegally using your weapon. Of course, you are a criminal in the first place so would be acting in character.:cautious:

My original post is about “mindset” and is the mantra of most EXPERIENCED LEOs and CC licensees. ;)

As to explaining it to you, IMHO, there is no legitimate reason to take a human life if not protecting your own or removing imminent danger (of a serious attack) on another innocent person. Stopping property crime or presuming and preempting future behavior goes totally against our civil values, both legally and morally. ”Fear“ as used here doesn’t mean a state of trepidation but rather a legitimate belief that catastrophic injury is likely to occur.
Never make a shooting decision based on the belief you COULD legally but rather that you SHOULD morally. End of explanation. :)
You can't have it both ways. You can't say 'don't know the laws' and that 'only criminals would do that'.

Zimmerman started pursuit of Treyvan, which gave Treyvon the right to self defense.. Even though it was 'proven' that Zimmerman had broken off pursuit, Treyvon , who more or less was a law abiding citizen failed to understand that his right to self defense ended when the threat ended.

There was a case in Apopka. An old guy got thrown to the ground by a much younger, huge individual. The old guy drew. The young guy puts his hands up and steps back during the draw. The old guy finishes, aims and fires and is currently serving time in prison. The old man was a law abiding citizen and a legal CC holder, until he wasn't.

All laws are are rules of engagement, nothing more or less and for the most part, they serve exactly the same purpose.

And BTW, lawful self defense with a firearm is doing exactly what you say we do not have the right to do. We are presuming and preempting future behavior, because of a belief that catastrophic injury is likely to occur

What makes that legitimate or not is guess what? If it is lawful.
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To my mind, a home invasion is entry by force into an occupied dwelling. Burglary, at least to me, involves stealth. In DC, Burglary 1 was when the dwelling was occupied while B2, unoccupied. Either charge might be used if the target was a business. Of course, businesses entered in daytime were more often Robberies.
The definition of 'burglary' changed in 2001.
"Entering a dwelling, a structure, or a conveyance with the intent to commit an offense therein, unless the premises are at the time open to the public or the defendant is licensed or invited to enter "
(law)

The means of entry for Trespass or Burglary may change the felony degree because of the cost to the homeowner. but Prosecutors play 'funny' games.

So here is the thing with 'home invasion'. It's a 'political' label. Once the perp(s) are in, if the crimes they choose to do are violent - battery ; assault, aggravated battery, sexual assault, etc. Then those that believe in the concept of 'My home is my castle', consider that a home invasion.

The means of entry have nothing to do with it.
FYI,
Well, to quote Mike Tyson “everybody has a plan till they get hit in the mouth”

I can’t give you a legal distinction between burglary and home invasion other than looking at the statue on burglary. That is breaking into a home with the intention to commit a crime therein. That would typically include cutting a window or picking a lock and sneaking I see a home invasion as more like two or three guys crashing the door and rushing at you as you watch TV.

in the latter, you don’t have the ability to stay where you are and call 911, you’ve got to do something immediately or it’s too late.
California 'follow home' robberies started with essentially getting 'mugged' when leaving the car and heading towards the house\apartment. The level of organization, of violence has escalated and has moved into the dwelling in many cases.

I never believed I would live to see 30. Here I am; old, grey, fat and slow with grandbabies.

"Proper Planning and Preparation Prevents Piss Poor Performance"

The primary issue with a 'home invasion' is how incredibly dynamic they are. The number of individuals, where he/she/they enter from. The number of points of entry. Their intentions and how that may escalate. How many people are in the home at the time. Their ages...etc

When it was just my wife, the dog, and I, the plan was KISS. Put a door stop under the closed bedroom door. The wife gets on the floor (other side of the door), dials 911. I take cover and plan to 'hold the line'. There was more to it than that, but it gives the basic concepts. Yes, we practiced. Yes, she .. complained. Yes, I figured out how to make the practices dynamic in nature.

“everybody has a plan till they get hit in the mouth”

and no plan survives first contact with the enemy.

But 'winging it' doesn't work for everyone.

be well.
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Default mindset, without first having to consult Black’s Dictionary, is to only shoot when you have REASONABLE fear of death or great bodily harm to yourself or another innocent. Don’t know how many ways to say it but legal parsing can lead to probable illegal acts. KISS comes to mind. :cool:
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You can't have it both ways. You can't say 'don't know the laws' and that 'only criminals would do that'.

Zimmerman started pursuit of Treyvan, which gave Treyvon the right to self defense.. Even though it was 'proven' that Zimmerman had broken off pursuit, Treyvon , who more or less was a law abiding citizen failed to understand that his right to self defense ended when the threat ended.

There was a case in Apopka. An old guy got thrown to the ground by a much younger, huge individual. The old guy drew. The young guy puts his hands up and steps back during the draw. The old guy finishes, aims and fires and is currently serving time in prison. The old man was a law abiding citizen and a legal CC holder, until he wasn't.
6
All laws are are rules of engagement, nothing more or less and for the most part, they serve exactly the same purpose.

And BTW, lawful self defense with a firearm is doing exactly what you say we do not have the right to do. We are presuming and preempting future behavior, because of a belief that catastrophic injury is likely to occur

What makes that legitimate or not is guess what? If it is lawful.
Any pursuit had ended and thus any right to self-defense ended. Since you must be legally allowed in a dwelling and not involved in criminal activity.
The Avon attacked Zimmerman and WSS beating the he'll out of him. The jury was correct I'm the verdict.

That said Zimmerman was foolish. Trayvon was criminal..
Default mindset, without first having to consult Black’s Dictionary, is to only shoot when you have REASONABLE fear of death or great bodily harm to yourself or another innocent. Don’t know how many ways to say it but legal parsing can lead to probable illegal acts. KISS comes to mind. :cool:
If you or anyone had said that legal parsing can lead to hesitation\over thinking when one should be drawing, aiming and squeezing, I'd agree. That is KISS as regards self defense, armed or not.

Identify threat, deal with threat.

"legal parsing can lead to probable illegal acts"

This makes no sense to me at all, and if you have the time, I'd love an explanation. I must be missing something that's obvious.
That's why you need to study and learn the Laws BEFORE you make the decision. Him/Her or ME & MINE.
If you or anyone had said that legal parsing can lead to hesitation\over thinking when one should be drawing, aiming and squeezing, I'd agree. That is KISS as regards self defense, armed or not.

Identify threat, deal with threat.

"legal parsing can lead to probable illegal acts"

This makes no sense to me at all, and if you have the time, I'd love an explanation. I must be missing something that's obvious.
My statement referred to the “Can I shoot IF” rather than I only shoot if I have LEGITIMATE fear of death or great bodily harm. The former “can I shoot” question is usually asked by novice carriers seeking authority rather than realizing legitimate fear is the only “trigger” needed and the only correct mindset to always be legitimate. :cool:
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