Apparently, in FL you can shoot and kill anybody walking down the street,

[MoonRiver]

and get away with it by claiming "self-defense." Truly scary times.

[RockaFowler]

1. The Castle Doctrine

What a load of crap here in FLA

[TheWraith]

5. Castle doctrine laws have nothing to do with this.

Particularly since they only apply within your own home, and still don't come anywhere near to what the OP described.

[Doctor_J]

24. This is a tiny extension of the Castle Doctrine

to say this has "nothing to do with" CD is absurd. CD allows you to shoot someone close to you (on your property). This one allows you to shoot someone who gets in your face on the street.

[ProgressiveProfessor]

32. Blatant falsehood...

but don't let minor things like laws and legal definitions get in the way of your screed

[11 Bravo]

26. Actually, this is the "Stand Your Ground" doctrine. If you feel threatened, commence firing.

[spin]

43. The main difference between the newer version of the law...

named 'Stand Your Ground' and the previous law is that if a person is attacked in a manner that has reason to believe will result in serious injury or death, he no longer has a duty to retreat.

Merely being threatened often does not justify the use of lethal force. It didn't before and it doesn't now. If the attacker is armed or if there is a large disparity in size, physical condition or age the use of lethal force might be considered appropriate.

Use of Deadly Force for Lawful Self-Defense

***snip***

Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.

Example of the kind of attack that will not justify defending yourself with deadly force: Two neighbors got into a fight, and one of them tried to hit the other by swinging a garden hose. The neighbor who was being attacked with the hose shot the other in the chest. The court upheld his conviction for aggravated battery with a firearm, because an attack with a garden hose is not the kind of violent assault that justifies responding with deadly force.
http://licgweb.doacs.state.fl.us/weapons/self_defense.html

The web page also mentions that if a person uses threatening language, that alone does not justify the use of lethal force even if the threats cause you to fear for your life. You have to have a "reasonable" belief that the other person will severely injure or kill you unless you take "immediate action."

If there is any question if you acted properly it is quite possible you will be prosecuted and a jury might determine your fate.

[eppur_se_muova]

2. Only if they needed killin'.

That's an old standard down South. It never really went away.

[TheWraith]

3. No, you can't.

Self defense laws are no more lax in Florida than they are anywhere else.

If you happen to be white, in a gated community, kill a black kid, and probably have connections with the police, THAT might do the trick.

[butterfly77]

34. This was...

Jeb Bush's parting gift before he left office.

http://www.google.com/url?sa=t&rct=j&q=jeb+bush+signs+bill+to+caarry+weapons+openly&source=web&cd=1&ved=0CCgQFjAA&url=http%3A%2F%2Farmsandthelaw.com%2Farchives%2F2005%2F04%2Fjeb_bush_signs.php&ei=LohiT6KKN6Ts0gGjzJGzCA&usg=AFQjCNGQ4IhWu-OfZb24MMql627j5M6rrQ&cad=rja

[Egalitariat]

40. FYI, the shooter in this case was Hispanic.

Even though his last name is Zimmerman, it's been confirmed in the local media that he was Hispanic.

I don't know what that changes, but your facts are incorrect.

[OriginalGeek]

4. He's comin' right for us!

Yep, that's what the tragic Sanford shooting means. If you are walking in Florida, don't go right for anyone. We are all armed to the teeth and shoot at the first hint of danger.

[MoonRiver]

7. I'll probably just stay out of FL along with TX and a few other southern places

that are generally life threatening.

[OriginalGeek]

8. Well that is certainly your choice

I've lived most of my life in Texas and Florida and have raised my kids here and have grandkids here.

I feel pretty safe.

[Lint Head]

6. Being black in Florida is dangerous.

An entire town was burned to the ground there because there were people living there who were black. Rosewood.

[NCTraveler]

13. 1923

?

[Lint Head]

29. Dead 17 year old. 2012.

[NCTraveler]

44. ?

"An entire town was burned to the ground there because there were people living there who were black. Rosewood."

What does that have to do with 2012?

[CreekDog]

51. here

http://en.wikipedia.org/wiki/Rosewood_massacre

[Lint Head]

53. It means racism is alive and well in Florida today not just 1923.

[HockeyMom]

9. Well, unless my husband is HOME

That Castle Doctine will do him no good whatsoever, because I am in the house more than him, and I won't be using any of his guns. Take what you what. RUN, RUN, RUN.

So much for Florida's Stand Your Ground and Castle Doctrine. Hey, they won't work, if you don't USE them. Sorry, Florida, I don't intend to use YOUR laws.

[sinkingfeeling]

10. Thought somebody posted that this is currently being investigated.

[MineralMan]

11. Only if they're black and frighten you.

Then it's OK, but only if you're white.

[hifiguy]

18. That is it in a nutshell. nt

[jmowreader]

46. They have to be carrying Skittles

That's the rule. If you're black and are carrying Skittles, you can be shot dead in Florida.

Someone needs to inform Marshawn Lynch of this.

[Comrade Grumpy]

12. Only if you're white.

[Egalitariat]

41. Shooter was hispanic in this case. I realize yours was a knee-jerk reaction, but you should

probably find another thread to react so ignorantly to.

[slackmaster]

50. With a name like Zimmerman he might be Jewish as well

Which makes his motives questionable to some members here, in spite of the possible relationship to Bob Dylan.

[Comrade Grumpy]

54. Shooter was named George Zimmerman. Some newspapers called him Hispanic (I don't know why).

One blogger referred to him as a "white Hispanic"

http://www.yeshacallahan.com/2012/03/09/walking-while-black-trayvon-martin-killed-by-neighborhood-watch-guard/

On what basis do you call him Hispanic?

I could engage with you on this, but why bother. After your gratuitously offensive post, you can just fuck off.

[woo me with science]

14. Well, good.

We should have the same rights as the President.

[MineralMan]

15. Non-sequitur of the day.

This has nothing to do with the President. But, here you are, I see. Give it a rest.

[woo me with science]

17. Thank you, board monitor.

[MineralMan]

19. Nope. Just a thread reader who is willing to

reply when people post non-sequiturs. Just another DUer.

[woo me with science]

22. Don't worry,

I"m sure others got the point.

[11 Bravo]

27. Trust me, we all got the point, and MineralMan identified it quite succinctly.

[woo me with science]

28. No, actually that wasn't the point at all.

but it was sure nice to meet all of you.

[Number23]

31. Facepalm-worthy as ever.

Embarrassing.

[spin]

45. That leads me to wonder if a President could get a concealed carry license ...

like I have in Florida.

If he was a Florida resident and had such a license he could carry his own protection throughout most of the states as many honor a Florida Concealed Weapons license. Currently 35 states do. (ref: http://licgweb.doacs.state.fl.us/news/concealed_carry.html)

Of course Washington D.C. and Illinois do not issue concealed carry licenses except to a very few privileged people.

Of course I realize that a President has tremendous security and there would be absolutely no need for him to carry.

[jmowreader]

47. A president wouldn't NEED a concealed carry license

As a federal officer, the president could carry all the guns he wanted.

[spin]

16. It isn't quite that simple ...

The 2011 Florida Statutes
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

***snip***

(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.emphasis added
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0776/Sections/0776.013.html

The new law removed the duty to retreat if attacked and is often called the 'Stand Your Ground' law. Under both the old and new versions of the self defense you can use lethal force to stop an attack that would lead to serious injury or death, but under the old law you could be prosecuted if you hadn't made some effort to retreat. Running from a thug with a gun is an acceptable tactic but it may lead to you being shot in the back. Many feel that your chances of surviving such an attack are higher if you stand your ground and fight. There are good arguments on both sides of this issue.

Use of Deadly Force for Lawful Self-Defense

Q. Are there special laws that apply to the use of Handguns?

A. Yes, special laws apply anytime anyone uses deadly force, whether or not the weapon is concealed. Florida law defines deadly force as force that is likely to cause death or great bodily harm. When you carry a handgun, you possess a weapon of deadly force. The law considers even an unloaded gun to be a deadly weapon when it is pointed at someone.

Q. When can I use my handgun to protect myself?

A. Florida law justifies use of deadly force when you are:

Trying to protect yourself or another person from death or serious bodily harm;
Trying to prevent a forcible felony, such as rape, robbery, burglary or kidnapping.

Using or displaying a handgun in any other circumstances could result in your conviction for crimes such as improper exhibition of a firearm, manslaughter, or worse.
http://licgweb.doacs.state.fl.us/weapons/self_defense.html

If you shoot someone on the street the police will investigate. You will face prosecution if they believe that you used lethal force without good reason. It's quite possible that a jury will determine your fate.

Of course this law is disliked by most of the media and groups who oppose firearm ownership and the current nationwide trend to allow honest citizens to legally carry firearms.

[cherokeeprogressive]

36. Shhhh! You'll ruin the narrative. Don't you know this is how the SOUTH is?

They might not have teeth (just ask Bill Maher and his DU fans), but they sure got 'em some guns! Yup! God, Guns, and Gas Guzzlers with Rebel flags and gun racks! All of 'em! Not to mention the largest cache of Pabst Blue Ribbon ever known to man...

I thought this was common knowledge here.

[spin]

38. Actually Budweiser or Miller lite is far more popular than BPR in the areas ...

of Florida where I have lived.

[cherokeeprogressive]

39. Well I have to admit that I haven't lived there since the 80's...

So I can't argue with that.

[hughee99]

20. Perhaps people will start claiming they were an "enemy of the state". n/t

[Nye Bevan]

21. Wow. That case has been closed already? The shooter was exonerated?

I thought it was still being investigated. Guess I'm a little behind.

[MoonRiver]

25. The local police department closed it.

Outcry from the victim's family and media has basically forced the state to take another look. But since the victim was black I'm not expecting much action. Hope to be proven wrong. This situation is an outrage.

[ManiacJoe]

30. That case?

I figured there was probably some missing context to the OP, which is still missing the context.

[ProgressiveProfessor]

33. Case has been turned over to the State AG by the police

http://www.cnn.com/2012/03/12/justice/florida-teen-shot/index.html?hpt=hp_bn1

Under intense pressure from the community, city officials in Sanford held a press conference on Monday.

"We are going to complete a thorough and fair investigation and present all the information to the state attorney's office so justice can be rendered," Lee said.

Police said they have not charged Zimmerman because there are no grounds to disprove his story of what happened.

"The evidence and testimony we have so far does not establish that Mr. Zimmerman did not act in self-defense. We don't have anything to dispute his claim of self-defense, at this point, with the evidence and testimony that we have," Lee said.

Lee said the directions the 911 dispatcher gave Zimmerman to not accost Martin when the incident arose were not mandatory instructions.

"That is a call taker making a recommendation to him. He's not under a legal obligation to do that, so that is not something we can charge him with. But it would have been a good outcome ... if Trayvon Martin and George Zimmerman never came in contact with one another."

[Egalitariat]

42. As you may or may not know, the Police don't necessarily decide who to charge with a crime in...

Florida. The ultimate decision lies with the State Attorney. In this case, the Police is sending its findings and evidence to the State Attorney, who will decide if there is enough evidence to get a conviction.

Don't forget Casey Anthony. As guilty as she likely was, the State Attorney didn't have enough evidence to get a conviction.

I doubt they want to repeat that clusterfuck.

[Doctor_J]

23. the one upside I see

Is that, as I read it, anyone with a gun can be considered a threat. So the gun people can mow each other down with impunity. this may result in some serious pruning of the low branches on the intelligence tree (by each other).

Q. Are there special laws that apply to the use of Handguns?

A. ... When you carry a handgun, you possess a weapon of deadly force. The law considers even an unloaded gun to be a deadly weapon when it is pointed at someone.

[cherokeeprogressive]

37. You think "the gun people" are stupid, but feel the need to clue in DUers parenthetically

about what you just typed.

Oh, the irony.

[Fla_Democrat]

35. Of course.. why do you think I live here.....

for the weather?

[slackmaster]

48. I wish I could reach out through the 'Net and shoot writers who misuse hyperbole

[flvegan]

49. Honestly, no we can't. I asked.

I didn't really, just thought a silly answer to a silly suggestion seemed in place.

[Odin2005]

52. Sounds like the perfect excuse to murder blacks and gays.

[Major Nikon]

55. In Florida, you can bomb an airliner killing women and children and walk the street freely

http://en.wikipedia.org/wiki/Orlando_Bosch