"Warning Shot" Bill passed today in Florida

"Warning Shot" Bill passed today in Florida

This is a discussion on "Warning Shot" Bill passed today in Florida within the Defensive Carry & Tactical Training forums, part of the Defensive Carry Discussions category; The "Warning Shot" Bill official known as Justifiable Defensive Threat of Force Signed in to Law by Gov. Rick Scott today 6/20/14. House Bill 89 ...

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Thread: "Warning Shot" Bill passed today in Florida

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    Member Array CenterfireTAC's Avatar
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    "Warning Shot" Bill passed today in Florida

    The "Warning Shot" Bill official known as Justifiable Defensive Threat of Force Signed in to Law by Gov. Rick Scott today 6/20/14.

    House Bill 89 by Representatives Combee (R) and Edwards (D) in the Florida House, and Senator Evers (R) in the Florida Senate, was signed in to law today by Governor Scott. The new law clarifies that a person may threaten the use of defensive force in order to prevent or terminate an imminent or actual unlawful physical attack or commission of a forcible felony by an aggressor.

    The new law is designed to stop prosecutors from charging people who defend themselves and their families from criminal attackers with a crime, provide for having the criminal records of people who are wrongfully accused of aggravated assault for an act if self-defense expunged, and prevent the use of 10-20-Life against people who act in self-defense.

    In plain English, if you are imminent threat of physical attack or the intended victim of a forcible felony, you can discharge your firearm as an intimidating threat to deter the impending crime.


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    Wow, good news. Shouldn't see too many charges of "brandishing" now (if Florida ever did that).
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    Yes, that did happen in some parts of So. FL...this should help a lot.
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    Senior Member Array Gun_guy's Avatar
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    That is great news!!

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    Senior Member Array mwhartman's Avatar
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    I'm in Palm Beach County so this is good news!
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    Think how logical this is. Stopping the threat without actually shooting/killing someone!!!

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    Senior Member Array Fizban's Avatar
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    a firearm is not an exclamation point and I wont use mine like one.
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    Distinguished Member Array CIBMike's Avatar
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    ..........until a stray round from a warning shot kills or causes great bodily harm.

    Attorney's will quickly find a way to use this against a defensive shooter in court...........perhaps arguing that a defensive shooter should have used or invoked the opportunity to take advantage of the warning shot but did not do so.

    Less laws not more laws.
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    Senior Member Array USM1976's Avatar
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    Quote Originally Posted by CIBMike View Post
    ..........until a stray round from a warning shot kills or causes great bodily harm.

    Attorney's will quickly find a way to use this against a defensive shooter in court...........perhaps arguing that a defensive shooter should have used or invoked the opportunity to take advantage of the warning shot but did not do so.

    Less laws not more laws.

    I agree with you, and, the civil side of a shooting is always present...fire a warning shot, which harms another, innocent person and regardless if criminal charges are filed, a civil suit can hound one for a long time.
    Last edited by USM1976; June 21st, 2014 at 12:39 PM.
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    Distinguished Member Array AZJD1968's Avatar
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    Quote Originally Posted by Fizban View Post
    a firearm is not an exclamation point and I wont use mine like one.
    Intend to agree with you. I haven't read the law, but going by what the op said about it, at least the State of Florida says that you can if you need to and won't be punished for it. One less restriction on how you HAVE to use it.
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    Well, at least you can now go into the ready position (being legal), taking a shot is a whole 'nutter story.
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    Quote Originally Posted by CIBMike View Post
    ..........until a stray round from a warning shot kills or causes great bodily harm.

    Attorney's will quickly find a way to use this against a defensive shooter in court...........perhaps arguing that a defensive shooter should have used or invoked the opportunity to take advantage of the warning shot but did not do so.

    Less laws not more laws.
    I agree, but this is true with all laws, laws that protect you can also be used against you. And it is true anytime a gun is discharged. Your freedom and liability are written on where that bullet lands.

    The law originated out of the Marissa Alexander case in Florida. She claimed to be a victim of abuse, yet was sentenced to 20 years for firing a warning shot during a dispute with her husband. It was clearly too much of a sentence for firing a justifiable warning shot and this law fixed that.

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    I think this law came about the time George Zimmerman was on trial for shooting Trayvon Martin. There was a lady at the time (African American) that was sentenced to 20 years for firing a warning shot into the ceiling as she was being attacked by her significant other. 20 years for a warning shot is ridiculous, and I agree with the new law. She was simply trying to defend herself against a crazy boyfriend. I guess if she had shot him dead she could have gotten off with the good ol' Florida Stand Your Ground Law, but the Prosecutor went after her with the old law that says firing a gun is good for 20 years in prison. Glad I skipped law school.
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    Distinguished Member Array CIBMike's Avatar
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    Quote Originally Posted by CenterfireTAC View Post
    I agree, but this is true with all laws, laws that protect you can also be used against you. And it is true anytime a gun is discharged. Your freedom and liability are written on where that bullet lands.

    The law originated out of the Marissa Alexander case in Florida. She claimed to be a victim of abuse, yet was sentenced to 20 years for firing a warning shot during a dispute with her husband. It was clearly too much of a sentence for firing a justifiable warning shot and this law fixed that.
    So instead of doing the right thing and throwing the case out of court and setting Alexander free ...........a whole new law with a whole new pile of implications to clutter an already insane judicial system.

    I see only one situation where this law could be used without coming back to haunt someone in a defensive shooting scenario.............if a person safely fires a warning shot when an attack is about to go down and the perp flees and is uninjured.

    Other than this the warning shot law is just another minefield.It is another law that will cause conflict and complication.

    One would hope that the court system would honor this law for what it should be............a non violent resolution..........but I won't hold my breath.
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    Member Array CenterfireTAC's Avatar
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    Quote Originally Posted by CIBMike View Post
    So instead of doing the right thing and throwing the case out of court and setting Alexander free ...........a whole new law with a whole new pile of implications to clutter an already insane judicial system.

    I see only one situation where this law could be used without coming back to haunt someone in a defensive shooting scenario.............if a person safely fires a warning shot when an attack is about to go down and the perp flees and is uninjured.

    Other than this the warning shot law is just another minefield.It is another law that will cause conflict and complication.

    One would hope that the court system would honor this law for what it should be............a non violent resolution..........but I won't hold my breath.
    Hopefully the law is used correctly and doesn't come back to civilly hurt someone!
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