[JohnSteele]

What would you do if you were awaken by sounds in your yard and when you looked out the window someone was stealing your car. Far too often cars get stolen very easily and quicker than 911 can get to your home. How does Florida law benefit or hinder you in this circumstance. It would suck to watch your car being stolen and not do anything about.

 

[NkmG19]

The first thing to do would be to call 911. I'm not sure if I would go outside to confront the bad guys however there has to be a way to let them know that you see them. This is where floodlights would come in handy.

 

[SingleStack45]

Call 911, arms myself, go to the door and let my (by then very pissed off) 130# German Shepherd and 60# (who thinks she's 600#) Australian Shepherd. Where we live...it could be awhile before LEO shows up...so I MAY try to apprehend myself...or more likely just scare off...then again...those dogs don't listen too well when they get fired up...
Maybe let the LEo grab whats left???

 

[Yardman]

Yeah I think I'm going to have to get a dog. Maybe we could get our Florida castle doctrine law to be more like Texas.

 

[Glockcarry23]

Insurance will cover your car if it gets stolen. I would not risk escalating a situation when I can call 911. I know it sucks to watch someone just driving off with your belongings but a lawyer is going to cost a lot more if you end up shooting that person. Now a dog would be a good idea. And if the perp tried coming in your front or back door then there is no doubt that I'm defending my family.

 

[amtragi]

Funy you mention that, it happen to me. I looked thru my firts floor window and there were about 5 man working on my brand new car. At the time i was about 20 years old, did not even think about consequences picked up my Marlin 39A 22 and stared shooting at grass nearby, and proceeded to go to the street pistol on hand. Needless to say they run like flies.
If it happens today I would not be so sure if they would run or return fire.

 

[FCC Admin]

Funy you mention that, it happen to me. I looked thru my firts floor window and there were about 5 man working on my brand new car. At the time i was about 20 years old, did not even think about consequences picked up my Marlin 39A 22 and stared shooting at grass nearby, and proceeded to go to the street pistol on hand. Needless to say they run like flies.
If it happens today I would not be so sure if they would run or return fire.

Your right. With all the legal ramifications that can come about, it's sad to say but you have to depend on 911 and your insurance company in this situation. There was a case recently in Texas where a home owner was shot by the criminals when he went to his window to yell at them trying to stop them from stealing his truck. This is where an attack dog would come in handy.

 

[Dozer]

I'm with SingleStack, I would call 911 while releasing the hounds (2 very protective 8 year old German Shepherds). The best crime deterrent money can buy.
All kidding aside I would probably try to confront the thieves and hold them until the PD got there.

 

[rhalsey]

Sticky Wicket

1. Call 911 and describe the perps as best you can.
2. Arm yourself
3. Ask yourself if it (the car) is worth a gunfight.

If YES, go out with phone to 911 in hand, keep talking to 911, and wait for them to advance in a life-threatening manner (that would put you in fear for your life). If they advance with a weapon in hand, pull your weapon, pull your trigger, and wait for LEO to arrive and fill out his investigation report. If they do not advance with a weapon in hand then wait for LEO to arrive.

One variant on this procedure might be to call 911, get your gun, go out and shoot a front tire on your car - this would render the car useless to the BGs, and send a clear message. I wonder if you could be charged with disturbing the peace for shooting your own vehicle ??

If NO, and if you have a camera, get them on CANDID CAMERA for the LEO.

 

[KG4ZRC]

LMAO while watching the person try to start my junk...:rolf

It died on my wife the other day and hasn't started since.

 

[FLRon]

I would run outside and make sure i got the plate number.

 

[Jakester]

Well... Open fire is an option, and im fairly sertain its a legal one if my eye's did'nt play tricks on me when i read the definitions of "forcible felony"

 

[mumbo719]

Arm yourself and don't forget a flashlight.

Call 911

If your vehicle has electric locks it usually has a panic button, use it.

Don't go outside.

 

[mortpes]

Your body must be in the vehicle.

 

[T.S.]

What would you do if you were awaken by sounds in your yard and when you looked out the window someone was stealing your car. Far too often cars get stolen very easily and quicker than 911 can get to your home. How does Florida law benefit or hinder you in this circumstance. It would suck to watch your car being stolen and not do anything about.

John,

As much as it would pi$$ me off if someone stole my vehicle, and I would surely want to put a 230 grain hydro-shok jacketed hollow point .45 acp. in their a$$, I am afraid it can't be done.

Now, if you park your car in the GARAGE .... I think you can nail him.

See: (5) (A) "Dwelling" means a building or conveyance of any kind, including any attached porch,

If you can shoot someone in an attached porch, I would say that a garage would fall into a similar category.

The 2007 Florida Statutes

Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or

(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or

(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

(b) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

(c) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

 

[flccnp]

I think Jakester had it right.

The definition of forcible felony.

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

So, if somebody is stealing your car and you poke your head out the door and he makes a threat of violence, that would probably qualify his actions as a forcible felony. The felony would be stealing the car. The threat would make it a forcible felony.

http://www.ralphbehr.net/lawyer-attorney-1138713.html
Grand Theft of the third degree that is punishable as a third degree felony occurs when the stolen property is:

* Worth $5000-$10,000.
* Worth $300-$5000.
* A motor vehicle.
* A will or another form of testament.
* 2,000 or more pieces of citrus fruit.
* Anhydrous ammonia.
* A firearm.
* A commercial farm animal.
* A fire extinguisher.
* A stop sign.

 

[J T]

Since my truck gets 14 MPG, I would let them take it... :rolf

 

[artemis]

I have to agree with the other dog owners. Call 911 and then release the dogs. All 7 of them.

 

[T.S.]

Originally Posted by JohnSteele
What would you do if you were awaken by sounds in your yard and when you looked out the window someone was stealing your car. Far too often cars get stolen very easily and quicker than 911 can get to your home. How does Florida law benefit or hinder you in this circumstance. It would suck to watch your car being stolen and not do anything about.

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.--

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle

Today, 06:26 PM
flccnp
Member Join Date: May 2008
Location: Miami
Posts: 70

I think Jakester had it right.

The definition of forcible felony.

776.08 Forcible felony.--"Forcible felony" means treason; murder; manslaughter; sexual battery; carjacking; home-invasion robbery; robbery; burglary; arson; kidnapping; aggravated assault; aggravated battery; aggravated stalking; aircraft piracy; unlawful throwing, placing, or discharging of a destructive device or bomb; and any other felony which involves the use or threat of physical force or violence against any individual.

So, if somebody is stealing your car and you poke your head out the door and he makes a threat of violence, that would probably qualify his actions as a forcible felony. The felony would be stealing the car. The threat would make it a forcible felony.

Let's see if I have this right ........

The scenerio being discussed is this, John is awaken by sounds in his yard and when he looked out the window someone was stealing his car.

John then removes his firearm from his home, where he is perfectly safe, goes out onto his front lawn and confronts the thief.

The thief then makes a move, which John assumes is a threat of physical force or violence against him.

He uses his firearm and shoots and kills the thief in his front yard.

Am I correct?

If so, then you may be facing a result like this ........

Man gets 15 years in jail for fatally shooting neighbor on his front doorstep

By Sally Apgar
South Florida Sun-Sentinel
4:08 PM EDT, July 11, 2008

A 64-year-old man who believed he was protecting his home, was sentenced this afternoon to 15 years for fatally shooting his neighbor on his front doorstep with a 12-gauge shotgun at 3 a.m. on Sept. 17, 2006.

Jose Tapanes, a slight man with a history of medical problems, including three strokes, was convicted of manslaughter with a firearm by a jury in May.

I wouldn't do it ..... would you???

 

[flccnp]

Or it could go down like these.

This guy heard something strange, left his safe home and went to investigate.
South Florida Sun-Sentinel, Fort Lauderdale, Fla., 9/1/01
State: FL
American Rifleman Issue: 11/1/2001
A Davie, Fla., man shot an intruder when the man jumped him as he went out into his yard to investigate suspicious activity in his barn. The homeowner told detectives that when motion-detecting lights near his barn were activated about 2:20 a.m., he called 9-1-1 and then, leaving his wife and two small children in the house, went outside with his 9 mm handgun to investigate. Davie police spokesman Lt. Gary Killam said the homeowner reported the intruder had jumped him and, in the ensuing struggle, the suspect was killed. Some of the homeowner's property was recovered near the suspect's car at the rear of the barn. The suspect, Peter Grimo, had at least 18 previous burglary convictions and 14 grand theft convictions and had been recently released from his fifth stay in state prison.

These two people heard a car alarm that did not belong to them and went to investigate. They were rewarded with cash for their efforts.
The Tampa Tribune, Tampa, FL (4/27/99)
State: FL
American Rifleman Issue: 7/1/1999
Florida neighbors Art Terry and Donald Thweatt, both 53, knew they couldn't beat the three suspected auto thieves in a foot race, but both had Glock pistols and were confident they could handle a violent confrontation. While talking outside their homes before midnight one Tuesday, they responded to the sound of an alarm at a nearby car lot. After giving chase, the pair confronted three boys who had hopped in a stolen van. When police arrived, the suspects were "laid out like dogs," said Terry. The men planned to donate a $100 reward in the case to the NRA.