Gun Control & RKBA
Related: About this forumSo I am in Florida visiting and Florida recognizes my Ohio CCW permit soI am
carring a weopon. I am driving down the street and accdently do something that causes someone to
go into roadrage and flips me the bird, cuts me off and jumps out of his car. What happens if I just shoot
him, what would the law do down there? I say I felt threatened or he reached in his jacket and I thought he
was going for a gun.
Angry Dragon
(36,693 posts)doc03
(35,351 posts)he is not a Senators son or something.
discntnt_irny_srcsm
(18,479 posts)...you're screwed, he's probably related to the sheriff.
Sherman A1
(38,958 posts)Something rather similar happened to a friend of mine while driving to LV this past year. He was cut off on the highway, followed the guy while calling the police, got into an argument with him, when he did stop & got himself rather dead at the end of it all somewhere in TX I believe. The shooter was not charged to the best of my knowledge.
I don't know about FL laws.
The Wielding Truth
(11,415 posts)orpupilofnature57
(15,472 posts)why did you arm yourself ? Do you feel threatened in Florida ? is it because of people that might get pissed off at your driving and shoot you?
doc03
(35,351 posts)I did arm myself because I do feel threatened in the state of Florida with their SYG law. Yes I was down there
a couple months ago being unfamiliar with the area I did piss someone off one day with my driving..Luckily he just blew his horn and flipped me off.
orpupilofnature57
(15,472 posts)I thought it was a hypothetical ,but you can sympathize with the fear of guns ,as it caused you to arm yourself ,and is it SYG or Floridian Antebellum?
krispos42
(49,445 posts)Back up, if possible to do safely. Call the cops, if possible. If he approaches with a tire iron or other weapon, show him the gun. If he gets too close, lock the doors and skooch over to the other side of the car. If he reaches into the car to unlock the doors (breaking windows if needed), shoot him. Preferably with 911 on the phone.
Don't say a word to the cops. Lawyer up. Prepare to be handcuffed and taken away in a squad car.
doc03
(35,351 posts)it is Florida you know.
it is Florida you know.
Why don't you just proceed with that attitude and see what happens? You might find yourself shouting "But, but ... it's Florida!" as they slam the cell door shut.
Or try reading the law first and see if it allows you to shoot just because "you felt threatened." I think you might be surprised by what you find.
doc03
(35,351 posts)the law that many on DU and some media people have been telling us. I think it is a stupid law
and should be repealed. It sounds like almost a license to kill. If two drug dealers get into an altercation and one gets killed how do they charge anyone for murder? The survivor is going to claim he felt his life was being threatened and he shot the guy in self defence. Honestly it sounds like the TV dipiction of Dodge City in Gunsmoke.
Straw Man
(6,625 posts)That's what I thought.
(1)?He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony ...
-- http://www.flsenate.gov/Laws/Statutes/2011/776.012
There is a substantial difference between "reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another" and "feels threatened." The gray area is "reasonably believes," and the particular circumstances of any shooting will be critically important in determining whether charges will be brought and whether a conviction will result.
But you can go right on believing in the cartoonish bullshit version if it tickles your fancy.
PavePusher
(15,374 posts)You thought the poster was actually trying to have an informative conversation.
Good luck with that.
krispos42
(49,445 posts)That's the real standard.
The standard in the political cartoons about this is "I felt threatened", which will put you in a jail cell.
Turbineguy
(37,349 posts)Most of the drivers are so bad that they immediately constitute a clear and present danger as soon as they get into a car. Therefore you are within your rights to shoot everybody. Be careful however, you can only shoot drivers. That means that if you shoot a driver, you cannot shoot the passenger unless that passenger foolishly grabs the wheel to try and keep the car from crashing.
I'm not a lawyer, but I suggest you bring plenty of ammo. The other drivers may be packing heat too.
spin
(17,493 posts)It's the damn snow birds that can't drive.
jpak
(41,758 posts)And you will get away with murder
yup
doc03
(35,351 posts)Hannity to choke the SOB.
TheCowsCameHome
(40,168 posts)and then prepare to have your life forever changed.
ileus
(15,396 posts)doc03
(35,351 posts)alfredo
(60,074 posts)spin
(17,493 posts)Last edited Sun Apr 22, 2012, 12:20 AM - Edit history (1)
about any issue involving firearms. The media has absolutely no bias. Never has and never will.
Listening to the main stream media to learn about the facts surrounding the "Stand Your Ground" law in Florida is a lot like listening to Fox News to learn the truth about global warming.
edited for coherency
PavePusher
(15,374 posts)But only if you really want to be an informed Citizen. Your choice.
shadowrider
(4,941 posts)You'll be surprised by the true knowledge you gain.
Hoyt
(54,770 posts)PavePusher
(15,374 posts)AH1Apache
(502 posts)BTW, got those links yet?
ManiacJoe
(10,136 posts)you need to meet the "reasonable fear" standard of "ability, opportunity, jeopardy".
OneTenthofOnePercent
(6,268 posts)Why in the world wouldn't you just drive away or at the very least stay in the car with the windows up. You're sitting in a 2 ton death machine perfectly safe. If the douchebag comes to your car and tries to physically enter it... THEN you take action to defend yourself.
What if you just outright shot the guy?
I doubt that they would determine that one would have reasonable fear of death if the person you shot was merely approaching you and had made no clear threats he was acting upon. I don't think you can assume that he made a threat you and then assume he is acting all the while assuming he is armed.
Hoyt
(54,770 posts)Not you per se - but plenty of others.
PavePusher
(15,374 posts)rrneck
(17,671 posts)You take your chances.
Atypical Liberal
(5,412 posts)I suggest you read some of the books by Ayoob Massad on when to defensively use a firearm.
The first thing you need to understand is that in spite of ever-more progressive self-defense laws around the country, if you are involved in a self-defense shooting you are probably going to be on the hook for several, if not tens or even hundreds of thousands of dollars in fees.
CCW reciprocity does allow you to carry a concealed firearm on other states than your home state, but it does not change the laws of the other states. So if you are going to carry in another state, you better be aware of what their laws are and what the consequences are of using your firearm may be. Of course there is always the axiom that says it is better to be judged by 12 than carried by 6, and maybe you think it is best not to worry about the law and rely on your own judgement of a violent situation instead. But you asked "what would the law do down there?"
In spite of what many are saying about self-defense laws being a license to shoot anyone who looks funny, all self-defense laws specifically say that you have to reasonably believe you are in danger.
And that is the key. You have to reasonably believe you are in danger, and you have to be able to convince the authorities that you reasonably believed you were in danger.
It seems to me that you are safest "standing your ground" if there is physical evidence to corroborate your story. If the guy really does have a gun or some other weapon, for example. Or if you are bearing injuries from your attacker. Or if there are witnesses that can verify the attacker's violent behavior.
But if someone just "jumps out of their car" and you feel threatened and you shoot them, are you going to be able to convince the authorities that you reasonably feared for your safety? Maybe yes, maybe no. It's a risk.
shadowrider
(4,941 posts)You should wait to be shot, stabbed, beaten (fists, bat, hammer) etc. before you can lawfully exercise your right to defend yourself. IOW, they have to prove they're a true threat.