H2Andy
Contributor
i think the law clarifies some confusing areas of self-defense, and makes it less
likely for people defending themselves to be second-guessed by a State Attorney
with the benefit of 20/20 hindsight
the biggest impact will be on home-invasion self-defense, which is where most
people have access to guns. now the presumption is that the person is there to
cause you death or great bodily harm, so you can defend yourself at once.
also affected are vehicles. again, the presumption now is that someone
trying to get into an occupied car is there to cause death or great bodily harm. under
Florida law, you have the right to carry a weapon in your car, without a license, "if
the firearm or other weapon is securely encased or is otherwise not readily
accessible for immediate use." Section 790.25(5). Section 790.001(17) defines the
term "securely encased" to mean "in a glove compartment, whether or not locked;
snapped in a holster; in a gun case, whether or not locked; in a zippered gun case;
or in a closed box or container which requires a lid or cover to be opened for access."
so... say you are in your car, someone tries to jump into your car, you reach
into the glove compartment and shoot the person -- that appears to be perfectly
legal. now. it's a legal presumption that he was trying to cause death or great bodily harm,
so your use of deadly force would be justified.
however, if you are walking down the street with a concealed weapon without
a license and you defend yourself, you will still be guilty of carrying a concealed
weapon. also, while in the street, you must have a reasonable belief
that "[deadly force] is necessary to prevent death or great bodily harm to yourself or
others" before using deadly force. thus, you could still be second-guessed by
a State Attorney. you no longer have a duty to retreat, but you do have to
believe (reasonably) that death or great bodily harm is about to take place.
this is not legal advice. the application of a law is dependent on the
specific facts of your situation. please consult with an attorney who is familiar with
the laws of Florida and licensed to practice law in Florida.
likely for people defending themselves to be second-guessed by a State Attorney
with the benefit of 20/20 hindsight
the biggest impact will be on home-invasion self-defense, which is where most
people have access to guns. now the presumption is that the person is there to
cause you death or great bodily harm, so you can defend yourself at once.
also affected are vehicles. again, the presumption now is that someone
trying to get into an occupied car is there to cause death or great bodily harm. under
Florida law, you have the right to carry a weapon in your car, without a license, "if
the firearm or other weapon is securely encased or is otherwise not readily
accessible for immediate use." Section 790.25(5). Section 790.001(17) defines the
term "securely encased" to mean "in a glove compartment, whether or not locked;
snapped in a holster; in a gun case, whether or not locked; in a zippered gun case;
or in a closed box or container which requires a lid or cover to be opened for access."
so... say you are in your car, someone tries to jump into your car, you reach
into the glove compartment and shoot the person -- that appears to be perfectly
legal. now. it's a legal presumption that he was trying to cause death or great bodily harm,
so your use of deadly force would be justified.
however, if you are walking down the street with a concealed weapon without
a license and you defend yourself, you will still be guilty of carrying a concealed
weapon. also, while in the street, you must have a reasonable belief
that "[deadly force] is necessary to prevent death or great bodily harm to yourself or
others" before using deadly force. thus, you could still be second-guessed by
a State Attorney. you no longer have a duty to retreat, but you do have to
believe (reasonably) that death or great bodily harm is about to take place.
this is not legal advice. the application of a law is dependent on the
specific facts of your situation. please consult with an attorney who is familiar with
the laws of Florida and licensed to practice law in Florida.
