July 4, 2013, 01:37 PM | #51 | ||||
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You are presumed to have a reason for fear or peril and may protect yourself and other occupants if someone enters or tries to enter your residence unlawfully and with force. Quote:
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July 4, 2013, 01:42 PM | #52 |
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all of which have been to trial and precedent set.
I'm speaking for me, not you. I said only you can make that call. My dad once told me son any advice is worth exactly what you paid for it. As this is free, you can consider its worth what you like. I am not here to argue with you, only to state my OPINION. |
July 4, 2013, 02:00 PM | #53 | |
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Sgt Lumpy |
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July 4, 2013, 02:03 PM | #54 | |
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See this for a more in depth discussion. A few Florida specifics for amplification:
Last edited by OldMarksman; July 4, 2013 at 02:10 PM. |
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July 4, 2013, 02:18 PM | #55 |
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James K....right on! You know what they say about opinions and *******, everyone has one. Pretty scary what thoughts roll around in peoples heads.
Last edited by Unclenick; July 4, 2013 at 02:35 PM. Reason: No use of alternate symbols to skirt the language filter allowed. If we wanted people to be able to read the word in posts on our board, it wouldn't be in the filter. |
July 4, 2013, 03:13 PM | #56 |
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I don't really see that we are saying anything different to the link you have provided. I really do not want to split hairs here.
I offered that they were laws as I understood them both castle doctrine and stand your ground allow me to use deadly force to protect myself in my home or in my vehicle. Now perhaps I should clarify my previous statement regarding parking lots, I did not say I would be in the car/truck I thought that should be implied as such. I regret leaving assumptions on the table for misconceptions as such, if I am in my car/truck I am allowed by law in FL to use deadly force to protect myself with no duty to retreat. and again, with no law degree in my possession I can only say that these are my opinions as such, and should be regarded as that. (IE if you get in trouble don't point to me an say HE SAID I COULD) this is why I state it is my opinion. Last edited by Frank Ettin; July 4, 2013 at 07:45 PM. Reason: Delete Zimmerman reference |
July 4, 2013, 03:25 PM | #57 | |
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July 4, 2013, 04:20 PM | #58 |
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Koda94 - since I was at the theoretical front door - I could have run screaming into the night.
However, in some scenarios, the game makes you enter the bad place. At the NTI, we had one where we arrived at a friend's house with pizza. Opening the door we saw blood and heard screaming, some participants said they would not enter. But you had to.
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July 4, 2013, 04:32 PM | #59 | |
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The point of self defense is to DEFEND yourself. It's not to arrest and restrain someone stealing your car stereo. Sgt Lumpy |
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July 4, 2013, 05:17 PM | #60 |
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Sgt Lumpy, I think we are on the same page yes?
Glenn, I think I get the sentiment of that analysis. But it rubs me the wrong way to tell me I have to flee my own home from an intruder inside my home, especially one attacking me. I would think that if the attacker was persistent and pursued you would be putting yourself in more danger physically and legally by running out to the street. The way I see it is if you are on the street you have somewhere to retreat to, your home. When at home, you have no where to retreat to for your safety.
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July 4, 2013, 05:34 PM | #61 |
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I will discuss why one should flee for discussion's sake.
I found two intruders. Since the house was broken into - who is to say there are not more and I could be ambushed. Clearing houses is not fun. If I ran at my amusing full speed - would they come after me? I am armed after all and could find concealment in many places. Hunkering down behind my car would give me a better position. As far as the emotional component of leaving my cave - don't care about that. I've thought through rational goals and ego isn't one of them in this situation.
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July 4, 2013, 05:35 PM | #62 |
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Justified in shooting?
Let's have no further reference to Zimmerman. We are not discussing that case at this time.
I'll provide detailed, correct information on Florida law later. |
July 4, 2013, 05:44 PM | #63 | |
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FWIW, cops face the exact same circumstances. Point your cop gun at a guy stealing the rims off a car and if he decides to run away, it's the same question. You still can't shoot him. You can't go very far up the use of force continuum. For exactly the same reasons as the pvt citizen situation. Sgt Lumpy |
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July 4, 2013, 08:19 PM | #64 | |||||||||||||
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So since Florida law has been brought up, let's look at it in some detail. I outlined the general Florida use of force law in this post: Another point of Florida law, which is really found in some form in the laws of every State is that one may not claim justification for an act of violence if he initiated the conflict. I outlined the specific Florida law in this post: Florida appears to be unique in the manner it deals with the immunity provided under its Castle Doctrine law for a justified use of force. I outlined that feature of Florida law in this post:
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"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper Last edited by Frank Ettin; July 5, 2013 at 09:03 PM. Reason: spelling |
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July 5, 2013, 08:37 PM | #65 |
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Glenn,
thanks for that follow up, something good to think about in there about rational goals and leaving the cave...
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July 11, 2013, 05:21 PM | #66 |
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Spend a few dollars on motion sensing lights.
Spend a few hundred dollars on a few cameras with night vision and a DVR. Both of these options will cost you far less than a legal defense. Upon seeing your setup the thieves will more than likely choose an easier victim. |
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