Civil suit? Florida Specific - Page 2

Civil suit? Florida Specific

This is a discussion on Civil suit? Florida Specific within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Right, as NC Bullseye points out, here in FL you are protected against civil suits provided that your use of a firearm was determined to ...

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Thread: Civil suit? Florida Specific

  1. #16
    VIP Member Array shockwave's Avatar
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    Right, as NC Bullseye points out, here in FL you are protected against civil suits provided that your use of a firearm was determined to be legal. This was explained in detail in the CCW course I took.

    The Castle doctrine, or "stand your ground" framework that's in place has come under scrutiny in the wake of the Zimmerman shooting, and a commission is currently reviewing the law. Watch developments with that closely, and assume that your local authorities will be extra sensitive with regard to self defense.
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    Quote Originally Posted by darbo View Post
    This lawyers book is a great resource on Fl. gun laws. Anyone that owns a gun should read it.
    FLORIDA FIREARMS Law, Use & Ownership Book | Orlando Criminal Defense Lawyer Jon H. Gutmacher
    I have, but it's been awhile. Guess I need a refresher
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    (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

    And that is the reason Zimmerman wasn't arrested on the spot, not until an "alleged" investigation ran its course.
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    Quote Originally Posted by OldVet View Post
    (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

    And that is the reason Zimmerman wasn't arrested on the spot, not until an "alleged" investigation ran its course.
    ........ and a "SPECIAL" States Attorney was appointed when the Governor didn't like the call of the first States Attorney who reviewed the case.
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    Quote Originally Posted by oldrwizr View Post
    Does any state think like that? In this country civil law and criminal law are separate entities. I guess there's room for flexibility by state, but that sounds unusual to say the least.
    Quote Originally Posted by JD View Post
    Not really. There are multiple states that protect individuals from civil suits provided they are not found guilty of criminal wrong doing in a court of law.


    ^^^^^^^^^^^Michigan is one of them^^^^^^^^^^^



    Here is how they read FOR MICHIGAN!!!!!!!!!!!!!



    Effect on the Common Law
    In circumstances not addressed in the Act, the common law of self-defense still applies with one exception: There is no longer a duty to retreat when a person is “in his or her own dwelling or within the curtilage of that dwelling.” This exception applies even in cases where the rest of the Act doesn’t apply (PA 313).
    Civil Liability
    A person who uses force in accordance with the Act is immune from civil liability for damages caused by the use of such force (PA 314). Additionally, courts must award attorney fees and costs to an individual who has been sued for using force and the court finds that the force was in accordance with the Act (PA 312).
    Criminal Liability
    Under the Act (PA 310), no crime has been committed when a person uses force as authorized. If a prosecutor believes that the force is not justified, he or she must provide evidence that the force used was not in accordance with the Act. Such evidence must be presented at the time of warrant issuance, preliminary examination, and trial.

    Effect on Law Enforcement
    The overall effect of the Act on police practice is minimal. Officers should still process suspected crime scenes as in the past. However, because of the duty imposed upon prosecutors by PA 310, officers should immediately consult with their prosecutor when investigating a case where self-defense has been claimed by the suspect or where the circumstances indicate that such a defense might be used at trial.
    In the absence of guidance from a prosecutor, officers should attempt to gather circumstantial or direct evidence that might show that use of force was unjustified, i.e., the circumstances listed in PA 309 did not exist.
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