FL "Stand Your Ground" case

This is a discussion on FL "Stand Your Ground" case within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; One for the good guys! Double-Murder Charges Dismissed Under ‘Stand Your Ground’ Law in Florida | TheBlaze.com...

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Thread: FL "Stand Your Ground" case

  1. #1
    Senior Member Array MotorCityGun's Avatar
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    Thankfully the judge applied the law as written, not as the prosecutors office wanted it to be.
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    VIP Member Array oakchas's Avatar
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    Florida's got it right apparently... good on 'em.

    If the prosecutors don't think the law should apply because the thugs were not armed; they, like us ordinary citizens, need to work to change the law as it is written... not try to use or make "case law" that changes the meaning of the existing law.

    This is one of the most frustrating things for us ordinary citizens.
    We can read a law that applies to our carrying a weapon or it's use in defense... we can follow through with actions in carrying or using our weapons that follow that law as it is written.

    We end up going to jail for what appears to us to be proper carriage or use. Because there was some case law determined by a court that says that the law we read only applies on the 2nd Tuesday of the week, with a full moon visible at noon, while the harvest is going on...

    The no firearms (federal law) within 1000' of a school.... In my state, it's supposedly over ridden for those with a CCW. What about the states that require no permit? In some residential areas, it's very difficult not to be within 1000' of a school.

    And further, there are billions of pages of local, state, and federal laws... megatons of paper with a google of words on them that are the laws that apply to the citizens of our country. How certain are you that your action of inhaling and exhaling is not in violation of some idiot regulation in this country? (probably some carbon dioxide emission law, or oxygen depletion regulation) It's absurd.

    sorry, off my soap box now....
    All that said....
    It could be worse.
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  5. #4
    VIP Member Array Harryball's Avatar
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    I think he got lucky..
    Don"t let stupid be your skill set....

  6. #5
    Member Array Storm40's Avatar
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    When it comes to the law and the use of deadly it can sometimes be a crap shoot. Chalk up one for the good guy.

  7. #6
    Distinguished Member Array ArkhmAsylm's Avatar
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    Even if the guy wasn't in fear for his life by two (apparently) unarmed assailants, he surely would've feared being thrown into the water & drowning.

    We need stand your ground in Minnesota.
    "Historical examination of the right to bear arms, from English antecedents to the drafting of the Second Amendment, bears proof that the right to bear arms has consistently been, and should still be, construed as an individual right." -- U.S. District Judge Sam Cummings, Re: U.S. vs Emerson (1999)

  8. #7
    Distinguished Member Array noway2's Avatar
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    Two guys against one 65 yo man sounds like a good case of disparity of force to me. The guys also boarded his boat (equivalent to entering his premises) without permission also indicates hostile intentions.

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    Senior Member Array ep1953's Avatar
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    Quote Originally Posted by Harryball View Post
    I think he got lucky..
    Yep. He got lucky to have a gun to defend himself when he needed it and he got lucky to have a judge with a ounce of sense.

  10. #9
    VIP Member Array Sig 210's Avatar
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    In addition to Monahan’s narrative of events, Mohlman’s blood alcohol level was three times the legal limit, and Vittum had cocaine, oxycodone, and marijuana in his system when he was killed.

    Good on the judge. What in hades is wrong with that prosecutor?

  11. #10
    Distinguished Member Array Stubborn's Avatar
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    Quote Originally Posted by Sig 210 View Post
    Good on the judge. What in hades is wrong with that prosecutor?
    The 15th Judicial Circuit is Palm Beach-Boca Raton area...is a very much left-wing, unattached little piece of New York.
    Just not much of a proving ground for common sense or self-defense.
    I'm surprised Bloomberg himself doesn't winter there. Nuff said.
    "The beauty of the Second Amendment is that it will not be needed until they try to take it".
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    Senior Member Array Inspector71's Avatar
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    Wonder how much it cost this old guy to fight and win this in court?
    If you can read this, thank a teacher. Because it's in English, thank a vet

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    Member Array JohnWFD's Avatar
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    In Connecticut he would have been burned at the stake....and sued for all he is worth........Up here we must try to retreat first.......this state Sucks!
    "A free people ought to be armed." - George Washington

  14. #13
    Member Array JJVP's Avatar
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    Here is the actual judge ruling with all the details of the case.

    http://www.wpbf.com/download/2011/0912/29160417.pdf

  15. #14
    Senior Member Array The Old Anglo's Avatar
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    No where to back up to on a boat!. Gotta love Florida Castle Doctrine!!.

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    It could have been a very ugly trial if the judge had been an "anti" as apparently the prosecutor is.

    Which would have been my luck.
    -Bark'n
    Semper Fi


    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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