May 17th, 2007 10:42 PM
Finished my CWL class last night...
and I had a couple of questions.
The instructor, after showing us the difference between a revolver and a semi-auto, went through the Florida Statutes (not ALL of them, thank God!).
He specifically mentioned that we could NOT shoot someone who had broken into our residence unless we are in fear for our lives/great bodily harm. But, in reading the statutes later, 776.013(4) says "A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence."
And, 776.08, the section on Forcible Felonies, specifically lists "home-invasion robbery, robbery, burglary" among others.
What am I missing?
He is no fool who gives what he cannot keep to gain what he cannot lose. - Jim Elliott
The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
May 17th, 2007 10:51 PM
I am not FL Mike and so not the best to comment but - I was wondering if in fact the guy is fully up to speed on legislative changes.
Your quotes reflect my current understanding down there.
Chris - P95
NRA Certified Instructor & NRA Life Member.
"To own a gun and assume that you are armed
is like owning a piano and assuming that you are a musician!."
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May 18th, 2007 08:49 AM
With our Castle Doctrine laws, someone forcing their way into your home, against your wishes is a threat and you can deal with it with lethal force. But, the one thing they drill into your head, if you are going to shoot someone, it had better be because you were in fear of your life or great bodily harm.
BUT, as with any LEGAL issue, always best to consult with a attorney.
May 18th, 2007 09:54 AM
In general, the situation had better be to that point, else you'll have a lot of explaining to do.
Originally Posted by miklcolt45
You should crack open the Florida statutes yourself. If you request the CHL packet from FL, you will see the rundown of the relevant laws that apply to concealed carry. You'll want to really understand the use-of-force laws, as they'll apply in spades.
Read this thread: Justifiable self-defense. A.O.J. is recognized by many as the highest standard that the varied laws of all states essentially are covered by. In some places, you may use lethal force earlier or in differing circumstances, but basically it's as your instructor suggested: If you're in legitimate fear of losing your life or cripping injury, you're justified in defending your life.
And, if you haven't already, pick up a copy of Jon Gutmacher's book on Florida gun laws, as well as Ayoob's In The Gravest Extreme. These will help get your mind right about what you may and may not do with a firearm.
Good suggestion, as always: speak with a qualified attorney for a couple hours, to ensure you're not missing anything else.
Your best weapon is your brain. Don't leave home without it.
self defense (A.O.J.).
How does disarming
the number of victims?
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