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FLORIDA LAWMAKERS PASS WARNING SHOT LEGISLATION, NOW HEADS TO GOV. SCOTT
Breitbart Big Government ^ | 4 Apr 2014 | AWR HAWKINS

Posted on 04/05/2014 12:01:01 AM PDT by kingattax

On April 3rd, the Florida senate passed warning shot legislation by a vote of 32-7. The state house had already passed the measure, so it now goes to Gov. Rick Scott (R) for his signature.

If signed, this legislation will make it legal to fire a warning shot as a last step before shooting an attacker who has launched an assault.

(Excerpt) Read more at breitbart.com ...


TOPICS: Government; News/Current Events; US: Florida
KEYWORDS: banglist; warning; warningshot
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1 posted on 04/05/2014 12:01:01 AM PDT by kingattax
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To: kingattax

A prison guard told me they explained the warning shot to inmates to deter escapes. The first shot is a kill shot as the guard yells “stop or I’ll shoot.” The second shot is fired into the air.


2 posted on 04/05/2014 12:09:28 AM PDT by peyton randolph (Show me the man and I will find the crime. - Lavrenti Beria)
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To: kingattax

https://www.youtube.com/watch?v=0vWgx1I6qrY


3 posted on 04/05/2014 12:15:11 AM PDT by Rastus
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To: kingattax

An average man can run 30ft/scd. Most people, who launch attacks do not run the length of a football field to do it. That warning shot may be the only time you get to fire that gun before the assailant knocks you dow.

This legislation is going to get somebody killed.


4 posted on 04/05/2014 12:26:46 AM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: kingattax

Never fire a warning shot!


5 posted on 04/05/2014 12:30:47 AM PDT by fortheDeclaration (Pr 14:34 Righteousness exalteth a nation:but sin is a reproach to any people)
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To: peyton randolph

Why the second shot??


6 posted on 04/05/2014 12:39:13 AM PDT by gleeaikin
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To: kingattax

For some of us, this is great, I hope it spreads.


7 posted on 04/05/2014 1:14:00 AM PDT by ansel12 ((Libertarianism offers the transitory concepts and dialogue to move from conservatism, to liberalism)
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To: kingattax

My lawyer of 40 years who is now departed, told me a long time ago that the first shot is into the intruder. The second shot is into your ceiling or floor. When the police come, you can point to the warning shot you fired. He added, make sure the intruder is dead.


8 posted on 04/05/2014 1:36:34 AM PDT by Octar
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To: Jonty30

Florida has long had laws regarding penalties for firearms used in crimes. There are distinct prison terms for brandishing, firing a shot without doing harm, and wounding or killing with firearms.

The problem was that prosecutors were getting convictions for law abiding people who merely displayed a weapon, or fired a shot in the air, in order to prevent harm to themselves.

This legislation was designed to correct that injustice.


9 posted on 04/05/2014 1:54:40 AM PDT by Jacquerie ( Article V.)
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To: kingattax

Joe Biden is happy. Firing into the air can kill someone and people should be prosecuted if that happens


10 posted on 04/05/2014 1:58:38 AM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: Jacquerie

Ah, I thought it was a reaction to the Trayvon Martin fiasco, requiring a person to fire a warning shot before a kill shot.

As far as I’m concerned, if you’re going to unlawfully harm somebody, the consideration that you might die by doing so is your warning shot.


11 posted on 04/05/2014 2:05:08 AM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: Jonty30

I agree, this law is the result of an overzealus prosecutor. A woman is serving 20 years under mandatory sentencing guidlines for firing a warning shot as her ex was threatening her.


12 posted on 04/05/2014 2:13:27 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: driftdiver

My understanding of that particular case was that she was able to vacate the room he was in, but went back into the room with a gun.


13 posted on 04/05/2014 2:19:42 AM PDT by Jonty30 (What Islam and secularism have in common is that they are both death cults)
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To: fortheDeclaration

Warning shot my ass. You shoot center mass to stop the attack.


14 posted on 04/05/2014 2:25:54 AM PDT by Cololeo
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To: Jonty30

Yes but that case is what broke the camels back and got the politicians involved.


15 posted on 04/05/2014 2:26:04 AM PDT by driftdiver (I could eat it raw, but why do that when I have a fire.)
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To: kingattax

So, if this new bill is signed into law, is her re-trial cancelled?


16 posted on 04/05/2014 2:29:45 AM PDT by Andy from Chapel Hill
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To: Cololeo

This is standard LEO training. You don’t shoot to kill. You don’t shoot to wound. You shoot center mass to stop an attack. Period.


17 posted on 04/05/2014 2:36:40 AM PDT by Cololeo
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To: fortheDeclaration

In the ongoing struggle between citizens and thugs, this kind of legislation simply puts one more legal tool in the citizen’s tool bag. I think it’s great and hope it passes and gets Marissa Alexander out of her life sentence.


18 posted on 04/05/2014 2:44:58 AM PDT by RC one (Militarized law enforcement is just a nice way of saying martial law enforcement.)
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To: Jacquerie

Stop confusing people with the facts


19 posted on 04/05/2014 2:46:07 AM PDT by Rome2000
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To: driftdiver

20 years for each warning shot served consecutively if the prosecutor has her way. that’s life in prison - mandatory.


20 posted on 04/05/2014 2:47:16 AM PDT by RC one (Militarized law enforcement is just a nice way of saying martial law enforcement.)
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To: kingattax
The first time a warning shot goes astray and wipes out a bystander the gungrabbers will be ecstatic!

This is a bad idea!

21 posted on 04/05/2014 2:52:56 AM PDT by SWAMPSNIPER (The Second Amendment, a Matter of Fact, Not a Matter of Opinion)
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To: kingattax

‘Warning shots’ are stupid and dangerous. That bullet is coming down somewhere or it could ricochet if fired at the ground.

If you are legally and morally justified in using deadly force, then use it decisively. Your aim is to plant every bullet you fire into a vital organ of the person or persons who pose the threat to whomever you are defending. Wasting your limited ammo on this is pretty poor tactics. You think you’re going to have a chance to reload? You’d better have some pretty good distance and cover between you and the bad guys. Ever try reloading after running a hundred yard dash and falling blindfolded off the end of a diving board into ice water? Because that is what a sudden deadly force encounter is going to do to your fine motor skills.

Warning shots ‘permitted’ will almost immediately become warning shots ‘required’. One more legal defense hurdle you will need to overcome. “Only one warning shot? Why didn’t you fire two? Why didnt you empty your whole cylinder ‘warning’ him? You seemed awfully eager to shoot, weren’t you?”


22 posted on 04/05/2014 2:54:05 AM PDT by SargeK
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To: Jonty30

I imagine a few warning shots reaching innocent bystanders.


23 posted on 04/05/2014 3:31:20 AM PDT by 9YearLurker
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To: kingattax

Good idea —

If Curtis Reeves had fired a warning shot his victim would probably still be alive and he wouldn’t be spending the rest of his life in jail for murder.


24 posted on 04/05/2014 3:47:01 AM PDT by Uncle Chip
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To: Uncle Chip

If I fired a “warning shot” and HIT the perp, could I claim I HAD fired a warning shot but missed?

Perplexing............

I await the hoards to comment.........just asking.


25 posted on 04/05/2014 3:59:34 AM PDT by DaveA37
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To: Jonty30
An average man can run 30ft/scd. Most people, who launch attacks do not run the length of a football field to do it. That warning shot may be the only time you get to fire that gun before the assailant knocks you dow. This legislation is going to get somebody killed.

They're not MANDATING a warning shot - they're going to stop the harsh prosecution of folks who opt to fire one. Currently, if you shoot someone, and it was self-defense, you're good to go. If you fire a warning shot, your looking at 10-20 years (mandatory sentences) depending on the situation.

Situational awareness is an on-the-ground responsibility and there are some cases where a warning shot might be useful and/or save a life from being unnecessarily snuffed out. I fail to see the downside of removing the out-sized punishments and allowing folks to make personal observations and choices.

26 posted on 04/05/2014 4:25:34 AM PDT by trebb (Where in the the hell has my country gone?)
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To: Progov

Under current law you could also fire a “warning shot” but claim that you tried to shoot the perp but missed or that the gun went off prematurely.


27 posted on 04/05/2014 4:45:25 AM PDT by Uncle Chip
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To: trebb

Why waste a waste a round? Watch some idiot now come up with you now have to count to 10 before the next round can be fired.


28 posted on 04/05/2014 4:48:45 AM PDT by DocJhn
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To: gleeaikin

That’s the warning shot, apparently.


29 posted on 04/05/2014 4:56:17 AM PDT by ctdonath2 (Making good people helpless doesn't make bad people harmless.)
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To: DocJhn
Why waste a waste a round? Watch some idiot now come up with you now have to count to 10 before the next round can be fired.

Why start with the premise that you need take a life just because you can - even if you might not have to?

Once again, the point being missed about the Florida law - it is designed to remove the mandatory 10-20 year imprisonment of those who opt to fire a warning shot. It broadens the options of those who choose to be armed to defend themselves.

30 posted on 04/05/2014 5:35:20 AM PDT by trebb (Where in the the hell has my country gone?)
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To: Jonty30

from Justified we learned the 21 foot rule. If the separation is less than 21 feet, the advantage is to the skilled man with a knife.

Just be sure there is not a hole to fall in between you and the man with the gun. Danny Crowe taught the rule but failed to see the hole and died by his own knife


31 posted on 04/05/2014 5:43:38 AM PDT by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: kingattax

I don’t care how many laws they pass, if I am attacked the first (of many) shots aimed center mass can be considered the “warning shot”.


32 posted on 04/05/2014 5:58:54 AM PDT by Feckless (I was trained by the US << This Tagline Censored by FR >> ain't that irOnic?)
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To: kingattax

I suppose there could be a scenario where a warning shot would be appropriate, but it escapes me.


33 posted on 04/05/2014 6:13:27 AM PDT by Blue Collar Christian (Vote Democrat. Once you're OK with killing babies the rest is easy. <BCC><)
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To: kingattax; Joe Brower; seekthetruth

Florida news ping.

I can tell you this has been ALL but IGNORED by the Miami news media...it would, after all, make the Republican legislature look good in the eyes of many Miami citizens AND it would redound to the benefit of the Republican party governor Rick Scott.

The Miami media is ALL IN for Charlie Crist, the pro-sodomite Democrat for governor.


34 posted on 04/05/2014 7:03:06 AM PDT by SoFloFreeper
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To: kingattax
"If signed, this legislation will make it legal to fire a warning shot as a last step before shooting an attacker who has launched an assault."

Not true.

35 posted on 04/05/2014 7:15:32 AM PDT by mlo
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To: SargeK

Great analysis


36 posted on 04/05/2014 7:46:54 AM PDT by DCBryan1 (No realli, moose bytes can be quite nasti!!)
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To: JulieRNR21; kinganamort; katherineisgreat; floriduh voter; summer; Goldwater Girl; windchime; ...

Florida Freeper


37 posted on 04/05/2014 7:53:43 AM PDT by Joe Brower (The "American People" are no longer capable of self-governance.)
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To: kingattax

38 posted on 04/05/2014 7:53:53 AM PDT by Arrowhead1952 (The Second Amendment is NOT about the right to hunt. It IS a right to shoot tyrants.)
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To: left that other site

PING


39 posted on 04/05/2014 8:09:39 AM PDT by kingattax (America needs more real Americans.)
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To: trebb

Why stand and wait for the perp to take my life because I chose to spare his wasting precious seconds! If you want a warning shot, go perp the neighbor!
And I think we all know the real reason for the law!


40 posted on 04/05/2014 8:26:19 AM PDT by DocJhn
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To: kingattax

I fired a shot into the air, it came to Earth I know not where...bad idea, waste of ammo.


41 posted on 04/05/2014 8:43:12 AM PDT by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing.)
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To: peyton randolph
A prison guard told me they explained the warning shot to inmates to deter escapes. The first shot is a kill shot as the guard yells “stop or I’ll shoot.” The second shot is fired into the air.

Interesting, that is exactly how warning shots will be delivered in my home, and I have said so for decades.

42 posted on 04/05/2014 9:28:59 AM PDT by Mastador1 (I'll take a bad dog over a good politician any day!)
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To: RC one
"20 years for each warning shot served consecutively if the prosecutor has her way. that’s life in prison - mandatory."

There was only one shot. It's three counts because she endangered three people. There were also two children standing with her husband. It's also not the prosecutor's call. The sentence is a mandatory minimum by law.

43 posted on 04/05/2014 9:34:19 AM PDT by mlo
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To: kingattax

The law doesn’t allow warning shots. It allows someone to threaten the use of force in the same situation where the actual use of force would have been legal. In other words, if it would have been self-defense to shoot someone, it will now also be self-defense to threaten to shoot someone. It wasn’t before, and because Florida has strict mandatory laws involving the use of a gun, people would get serious prison time for threatening to do something that would have been legal if they’d done it.

But it also requires that any threat of force must not pose a risk to public safety, which pretty much rules out any wild warning shots. The exact opposite of what people are saying about this law.

Note that none of this applies to the Marissa Alexander case because she wasn’t acting in self defense.


44 posted on 04/05/2014 10:00:32 AM PDT by mlo
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To: driftdiver
"I agree, this law is the result of an overzealus prosecutor. A woman is serving 20 years under mandatory sentencing guidlines for firing a warning shot as her ex was threatening her."

Since they are mandatory sentences, the prosecutor has nothing to do with it.

Also, Marissa Alexander is not serving any time now. She is awaiting retrial. If she goes to trial, if the prosecutor doesn't offer her a plea, she will be convicted again. She didn't fire a warning shot, her husband wasn't threatening her. She didn't act in self defense.

45 posted on 04/05/2014 10:03:52 AM PDT by mlo
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To: Andy from Chapel Hill
"So, if this new bill is signed into law, is her re-trial cancelled?"

I assume you mean Marissa Alexander. This bill has no bearing on the facts of her case. She wasn't acting in self defense.

46 posted on 04/05/2014 10:05:18 AM PDT by mlo
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To: Progov
"If I fired a “warning shot” and HIT the perp, could I claim I HAD fired a warning shot but missed?"

First, it doesn't allow firing warning shots. Second, assuming for a moment it did, there would be no need to claim that. It allows the threat of force in the same situation where the use of force would be legal. There's no looser standard for the threat. If you'd be ok with a threat, you'd be ok if you hit him.

47 posted on 04/05/2014 10:07:41 AM PDT by mlo
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To: Arrowhead1952

48 posted on 04/05/2014 10:12:12 AM PDT by Focault's Pendulum (I live in NJ....' Nuff said!)
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To: Jonty30
An average man can run 30ft/scd.

that's a 10 second hundred yard dash ... hardly average

49 posted on 04/05/2014 10:13:32 AM PDT by TheRightGuy (I want MY BAILOUT ... a billion or two should do!)
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To: fortheDeclaration
Never fire a warning shot!

Unless it's at the center of mass.

50 posted on 04/05/2014 10:15:44 AM PDT by Doomonyou (Let them eat Lead.)
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