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FL: Stand Your Ground Immunity for Firefighter who Answered Door with Gun in Hand
Gun Watch ^ | 12 January, 2016 | Dean Weingarten

Posted on 01/13/2017 5:21:48 AM PST by marktwain


In March of 2016, Captain Nick Marian answered a knocking at his door, and the ringing of his door bell.  He lives in a rough part of town, and answered the door shotgun in hand.  Police say that they saw him pick up a shotgun from his couch and answer the door.

Prosecutors contended that he pointed the shotgun at the police officers for "more than a second" and that he knew they were police. The defense was that he had the right to protect himself, his actions were reasonable and prudent, and he had immunity due to the Florida "Stand Your Ground" law. From nbcmiami.com:
A judge dropped charges Wednesday against a Miam-Dade Fire captain who was arrested for pointing a gun at a police officer.

Nicholas Marian, 55, was granted Stand Your Ground immunity in a bizarre encounter with a Miami Shores police officer. Fellow firefighters who had been rallying behind Marian were at the courthouse celebrating the ruling.
The entire process, from the incident to the judge dismissing the charges took nine months. Prosecutors had charged the fire captain with aggravated assault of a law enforcement officer. The judge did not agree.

Nicholas Marian said he was ready to go back to work.

Bringing a gun to the door is only prudent in numerous circumstances. It is difficult to know if someone at your door is a police officer or not. Many criminals facilitate their crimes by yelling "Police!" during home invasions.

In this case, it only took a few seconds for the fire captain to determine that the people at his door were police. When he did, he cooperated.

The idea that citizens have to disarm themselves because someone at the door might be a police officer is repugnant to the rule of law.

This case had a better outcome than the Gabriel Mobley case. Mobley was in the courts for six years before he was cleared.  The original judge in that case, also in the Miami-Dade area, refused to grant Mobley immunity. There was video tape of the attack and defense, and Mobley was clearly justified.

That case went all the way to the Florida Supreme Court before Mobley was vindicated in 2014.

Perhaps the Judge in the Nicholas Marian case referenced the Supreme court case about Mobley.


 ©2016 by Dean Weingarten: Permission to share is granted when this notice is included.

Link to Gun Watch


TOPICS: Government; Politics; Society
KEYWORDS: banglist; donutwatch; doorwithgun; fl; police
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Answering the door with a gun in hand is often the prudent thing to do.
1 posted on 01/13/2017 5:21:49 AM PST by marktwain
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To: marktwain

Gates, dogs, security lights, and obstacles.

No wonder I never get any visitors.


2 posted on 01/13/2017 5:27:58 AM PST by x1stcav (Leftism is like rust: It corrodes 24 hours a day until eradicated.)
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To: All

Any knocks on my door after 9:00 PM usually sees me answering with my pistol in hand, out of view of whoever is on the front porch.


3 posted on 01/13/2017 5:29:54 AM PST by Maverick68
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To: marktwain

In the future, he will likely just opt to NOT answer the door unless expecting guests. Others can make appointments.

4 posted on 01/13/2017 5:29:57 AM PST by Blue Jays ( Rock hard ~ Ride free)
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To: marktwain

And to think that these people probably go into tremendous debt just to clear their names is sickening. They should all be reimbursed their attorney’s fees at the VERY least!


5 posted on 01/13/2017 5:30:46 AM PST by demkicker (My passion for freedom is stronger than that of Democrats whose obsession is to enslave me.)
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To: marktwain
Answering the door with a gun in hand is often the prudent thing to do.

When I answer the door armed, it is in my hand which is behind my back. No sense going Full Monty from the get go.

6 posted on 01/13/2017 5:34:08 AM PST by Bloody Sam Roberts (The future doesn't belong to the fainthearted. It belongs to the brave. - - Ronaldus Magnus Reagan)
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To: x1stcav

Neither do I (get any visitors - other than my closest friends).


7 posted on 01/13/2017 5:36:35 AM PST by ManHunter (You can run, but you'll only die tired... Army snipers: Reach out and touch someone)
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To: Maverick68

“Any knocks on my door after 9:00 PM usually sees me answering with my pistol in hand, out of view of whoever is on the front porch.”

You betcha. And, depending on what has recently happened to the man, it might take several seconds to process the uniform. I tend to focus on hands and eyes. In those first seconds they could be naked and I wouldn’t know.


8 posted on 01/13/2017 5:38:05 AM PST by Gen.Blather
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To: marktwain

Me and the wife live in NYC/USSR.

A few weeks ago, I arrived home after dark (7pm) to see her at the door, with the screen door open, talking to someone who said he was a detective.

He said there’d been a robbery in the neighborhood. He should me his badge and we said we saw nothing an he moved on.

We have a VERY secure inside door. The windows are Very secure. Vertical windows.

But if you OPEN THE DOOR, that all means nothing!!

I told her “dont EVER open the door to anyone!! Say “I’m sorry, you’ll have to come back”.

Especially my mother in law!!!


9 posted on 01/13/2017 5:42:52 AM PST by dp0622 (The only thing an upper crust conservative hates more than a liberal is a middle class conservative)
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To: marktwain

Another prudent action to take when answering the door with gun in hand is dial 911 and keep the line open for the duration of the encounter. If they are REAL cops their dispatcher will tell them to back off until their identity is confirmed over the phone to the homeowner.


10 posted on 01/13/2017 5:44:52 AM PST by Oz8509338511 (2 Chron. 7:14)
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To: marktwain

I answer the door gun in hand 100% of the time, can’t say I have ever pointed at the person at the door though. I find the police statement that he “knew they were police” to be very disturbing. Claiming to know what is in someone’s mind is a slippery slope.


11 posted on 01/13/2017 5:45:24 AM PST by mad_as_he$$ ("It's a war against humanity!" Donald J. Trump)
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To: marktwain
The idea that citizens have to disarm themselves because someone at the door might be a police officer is repugnant to the rule of law.

What's really disgusting is that the police charged him and the prosecutor didn't tell them to drop it. THE POLICE ARE NOT YOUR FRIENDS

12 posted on 01/13/2017 5:49:29 AM PST by from occupied ga (Your government is your most dangerous enemy)
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To: Maverick68
That's what I do - loaded pistol in hand, out of sight *every* time I answer the door. If there is no threat, I tuck in in my back pocket or set it on the table just inside the door and step out.

I have purchased Girl Scout cookies with a 9mm in my back pocket, refused magazine subscriptions, declined roof inspections, even had a nice chat with a Sheriff's deputy who was looking into a break-in next door.

There have been several shady people selling magazines or coupon books or cleaning products that set off some alarm bells. Then the gun stayed in my hand, and the hand out of sight. You can always tell when the meaning of that dawns on them. Their sales patter ends abruptly and they make a hasty exit. ;-)

13 posted on 01/13/2017 5:49:34 AM PST by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: Bloody Sam Roberts
When I answer the door armed, it is in my hand which is behind my back.

You might blow a hole in your ass cheek:)

Series-lee, why put your ability to shoot quickly in check? I'm not saying that you should open the door with a quick three round burst, but if you feel threatened enough to have gun in hand, keep it in a position where you can quickly and easily use it. Behind your back ain't gonna git'er done.

14 posted on 01/13/2017 5:50:51 AM PST by USS Alaska (Kill all mooselimb, terrorist savages, with extreme prejudice! Deus Vult!)
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To: Maverick68

EXACTLY!
If my doorbell rings after dark, my 1911 is in my right hand, secured behind my back with...
...chambered round and the safety off.

Keep in mind that ^anyone^ can go to a military-outlet-store or uniform provider and obtain clothing that resembles a police-officer uniform or simply enough “official-looking” layers to deceive.


15 posted on 01/13/2017 5:52:54 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: marktwain

ILLINOIS STATE RIFLE ASSOCIATION

ISRA Thursday Bulletin - January 12, 2017

EXECUTIVE DIRECTOR’S MESSAGE

On January 20, 2017, we will inaugurate Donald J. Trump as the 45th President of the United States. Many are upset by the election of Donald J. Trump. Colleges and universities have been scheduling coloring book, play dough and consulting sessions. We must think of how to comfort these precious cupcakes because they are our future. These people are individuals who have difficulty with life’s challenges, like buttering their own toast and if the butter is too hard it could throw them into a catatonic state. To make everyone feel better, I suggest we have a special ceremony an hour before the inauguration and give participation trophies to Hillary Clinton, Jill Stein and “what is Aleppo?” Gary Johnson. I think that will promote healing with our mentally distraught losers.

Congressmen Jeff Duncan (SC) and Congressmen John Carter (TX) have introduced the “The Duncan-Carter Hearing Protection Act” (H.R.367) in the U.S. House of Representatives. H.R. 367 would remove suppressors from the National Firearms Act, thereby eliminating the $200 transfer fee and other ridiculous burdens on law abiding citizens. Suppressors do not “silence” the discharge of firearms, nor do they stop the sound of the operation of the firearm of the supersonic crack associated with the bullet. What they do is protect the hearing of shooters and others from high decibels, which damage hearing. I recommend supporting this bill at the proper time. I will let you know.

In Georgia, two armed robbers tried to hold up the Top Nails Salon. One of the nail technicians proved she knew more than just how to do great nails when she engaged the gun-toting robbers with her own firearm. The police found one of the robbers hiding nearby with a hole in his butt. The police are still on the trail of the other one. Nail salons have been targets of robberies because criminals assume the people employed there can’t defend themselves. Thanks to concealed carry, more places are becoming hostile work environments for criminals, except Gun Free Zones, of course. Remember that.

Check out ISRA’s website at www.isra.org! Tell us what you think!

http://www.isra.org/

Follow the ISRA on Twitter and Facebook.


16 posted on 01/13/2017 5:54:33 AM PST by KeyLargo
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To: marktwain

I agree, and I live in the boonies.

I want to see ID before I open the door. Not all people hear well. I’m one of them, no hearing aids, don’t hear much. Takes time to put the things in. Doors today are pretty solid with no noise from outside. I barely hear the door bell, especially at night when I’ve taken my hearing aids out, man you don’t sleep with those things in. No more than you sleep with your glasses on. Many meds make it hard to wake up with a clear mind too.

This was a stupid case. When he saw it was LEO he lowered his weapon and complied.


17 posted on 01/13/2017 5:55:03 AM PST by GailA (Ret. SCPO wife: suck it up buttercups it's President Donald Trump!)
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To: dp0622

Answer the door and then step outside with the “officer”. Don’t allow the officer into your home; that is key!
At that point, outside and still on your property, provide the “officer” information that you have a weapon.

Everyone is happier for the occasion!


18 posted on 01/13/2017 5:57:41 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
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To: KeyLargo
....Nail salons have been targets of robberies because criminals assume the people employed there can’t defend themselves....

Nail and hair salons are targets because they are nearly all cash only businesses. In certain 'hoods the owners of such are well armed.

..police found one of the robbers hiding nearby with a hole in his butt...

Nailed his azz, they did.

19 posted on 01/13/2017 6:00:53 AM PST by Covenantor (Men are ruled...by liars who refuse them news, and by fools who cannot govern. " Chesterton)
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To: marktwain

“Answering the door with a gun in hand is often the prudent thing to do. “

I’ve done that a couple of times when it was the police. Fortunately I had the presence of mind to keep that hand behind the door.


20 posted on 01/13/2017 6:02:24 AM PST by PLMerite (Lord, let me die fighting lions. Amen.)
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