Florida SB-436 Use of Force/Castle Doctrine Hearing Scheduled for Wednesday, Jan 26

email ^ | January 20, 2004 | Marion Hammer via email

[Mulder]

ping

[Mulder]

This is a VERY good bill for gunowners, and everyone who believes they have a Right to self-defense.

Please ping other Florida Freepers, if y'all are so inclined.

[meyer]

It's a very good bill for knife owners, karate experts, and anyone else that wishes to defend their self.

[umgud]

it prohibits prosecution for defending that which you have a right to defend and prohibits civil lawsuits by criminals or relatives of criminals when criminals are injured or killed while attacking law-abiding people.

Wow! This is great, talk about clear language........ Covers both criminal and civil.

[Mulder]

It's a very good bill for knife owners, karate experts, and anyone else that wishes to defend their self

Yep. It accomplishes 3 main things:

1) Eliminates the "duty to retreat" clauses in Florida law, and specifically says there is no duty to retreat when you are in your vehicle, at a friend's house, or "in any place you have a Right to be".

2) Makes it where you cannot be arrested after using deadly force in self-defense (or defense of another), unless the cops have probable cause that you used excessive force.

3) If found "not guilty" in a criminal trial, either the prosecutor's office or the arresting police agency, must reimburse all your expenses, including lawyer costs, lost wages, etc....

[Mulder]

Wow! This is great, talk about clear language........ Covers both criminal and civil.

It does that also (I knew I was forgetting something).

There are already *some* provisions in Florida code protecting you against civil lawsuits if you lawfully use deadly force, but this bill strengthens those provisions.

[somniferum]

I dont see how anyone in their right mind could oppose this bill. Oh yea.. liberals :p

[Jasper]

BANG TO THE TOP

Thanks for the post Mulder. This is great news, and a giant leap forward for all those CCW permit holders who may have occasion to use their weapon in self defense.

IMHO F.S. 776 still needs more fine tuning, but at least this is a start.

/jasper

[Joe Brower]

Florida Freeper

I'm compiling a list of FReepers interested in Florida-related topics.
If you want to be added, please FReepMail me.

[G.Mason]

Chairman - Steven Wise mailto:wise.stephen.web@flsenate.gov

VC - Rod Smith mailto:smith.rod.web@flsenate.gov

Victor Smith - mailto:crist.victor.web@flsenate.gov

Mike Haridopolos - mailto:haridopolos.mike.web@flsenate.gov

James King - mailto:king.james.web@flsenate.gov

Ron Klein - mailto:klein.ron.web@flsenate.gov

Evelyn Lynn - mailto:lynn.evelyn.web@flsenate.gov

Frederica Wilson - mailto:wilson.frederica.web@flsenate.gov

[windchime]

Thanks for the ping, Joe!

[ConservativeLawyer]

Sunshine State bump.

[davidosborne]

How did the meeting go?

Passing it on...

[davidosborne]

http://www.flsenate.gov/data/session/2005/Senate/bills/analysis/pdf/2005s0436.cj.pdf


http://www.flsenate.gov/cgi-bin/View_Page.pl?Tab=Committees&Submenu=4&File=CJ_050126_1400_1600.html&Directory=\committees\senate\Agenda\

[js1138]

Don't know about south Florida, but in the North, juries have made this lay for a long time.

[M Kehoe]

In the fwiw department, I ask myself this question. "Can he/she kill me before I can kill him/her." If the answer is "yes" I double tap. If the answer is "no" I hold him/her at gun point until the police arrive. That is Kehoe law, no matter what the great city of Tallahassee says.

And yes, I've been in that situation. And no, I didn't shoot. (Richmond, VA circa 1990)

5.56mm

[E.G.C.]

BTTT!!!!!!!

[davidosborne]

I hold him/her at gun point until the police arrive.

Okay. You are assuming that "bad guys" will do what you tell them if you point a gun at them. I can tell you(as a law enforcement officer) that is a bad assumption. If the "bad guy" thinks you will NOT shoot, or KNOWS that you can't legally shoot he will NOT comply with anything you say, but will most likely walk away or laugh at you.