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Originally Posted by Don P
Pulling his weapon in the scenario "HE" described in his OP is considered brandishing a firearm and assuming it happened would have been done so in trying to gain leverage in a dispute.( a no-no in FLA law)
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To be more specific, here's the law you are (apparently) referring to. I marked part of it in bold.
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FL Title XLVI, 790.10 Improper exhibition of dangerous weapons or firearms. -- If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
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If he used the gun to prevent a life-threatening criminal assault, that would almost certainly be a case of "necessary self-defense." So
even if he did not need to fire, he would still be okay under this law. The only thing the law prohibits is threatening someone with a weapon when it's
not necessary for self-defense.
Obviously, this particular incident did not go that far. But if it had, he would not have had to fire the gun in order to be on the right side of the law. All he needed to do was to be using it in "necessary self-defense."
pax