Does the yet unsigned FL warning shot bill weaken Castle, and SYG law?

Does the yet unsigned FL warning shot bill weaken Castle, and SYG law?

This is a discussion on Does the yet unsigned FL warning shot bill weaken Castle, and SYG law? within the Home (And Away From Home) Defense Discussion forums, part of the Related Topics category; Quite possibly. Interesting viewpoints here: TALLAHASSEE: Does ‘warning shot’ bill weaken Florida’s ‘stand your ground’ law? - Legislature - MiamiHerald.com...

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Thread: Does the yet unsigned FL warning shot bill weaken Castle, and SYG law?

  1. #1
    VIP Member Array oakchas's Avatar
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    Does the yet unsigned FL warning shot bill weaken Castle, and SYG law?

    Rats!
    It could be worse!
    I suppose


  2. #2
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    The way I am reading that article, especially given the silence of the consultant and representative who authored the language, I am thinking that this is a big oopsie on their part.

    I haven't read the bill, but if it that bad it should be vetoed and sent back to have it perfected.
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  3. #3
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    I'm 100% against warning shots. IMO there is no situation were warning shots are a good option. Use a weapon to stop a threat directly, or put it away and execute another option. This bill should be veto'd on that reasoning alone. That said, I don't believe Marissa Alexander fired a warning shot that night. If memory serves (I used to live in FL) she went to the garage, retrieved her gun from her car, and then went back into the house. Come on! That's not a warning shot, that's a miss.
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    I don't think it is as obvious or clear cut as the sheriff is quoted as saying. I would argue anyone who breaks into your house or car is posing an imminent threat to you. They are removing the last barriers to harm you. There is still a presumption under the law that anyone breaking in is there to do you harm. I think it would be a tough sell but it might be a little bit easier if this new bill is signed.

  5. #5
    Senior Member Array RKflorida's Avatar
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    As I understand it, this corrects a gap in the Florida law that basically would subject you to criminal charges if you fired a warning shot, but if you actually shot the bad guy, you would be OK.

  6. #6
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    It effective removes the "10-20-life" statute from cases of SD, warning shot or not.

    What raises my interest is that the bill has sat on the governor's desk since 03/04 (?), and according to the FL Constitution, the governor has 7 days (15 if the legislature is out of session) to either sign or veto the bill or it becomes law. Since it's been over a month now with no action by this pandering governor, should it not be considered as law--IAW the state Constitution?

    From the article:
    "While current law justifies deadly force in a home or vehicle if a person “reasonably” believes it’s needed to prevent death or bodily harm, HB 89 adds the word “imminent” so that the threat would need to be looming for someone to legally use deadly force. "

    Under state law, it's "presumed" that the BG intends to commit death or bodily harm. There's no "if." And it is not a "Stand your ground" issue.
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    Rick Scott... BugsBunny_Maroon.jpg
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  8. #8
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    I think there were some well intended efforts in this bill, but it has some serious problems in the details and how it can be construed legally going forward. It needs to be vetoed and taken back to the drawing board.
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  9. #9
    Senior Member Array KyBill's Avatar
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    The warning shot still has to hit the bad guy to avoid hitting someone else. JHP is good for a first round.

  10. #10
    Distinguished Member Array shadowwalker's Avatar
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    My warning shot if I were in danger is going to be about 6in below shoulder height and about 1 1/2in to the right of center after that I may not need anymore shots

  11. #11
    Senior Member Array vice87's Avatar
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    i have the solution to this issue to avoid getting sent down for a warning shot.................................tell them you "missed".
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  12. #12
    Senior Member Array Navydude's Avatar
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    Someone breaks in then they mean bodily harm. Defend yourself, don't wait, this is your home and your family depends on you.

    When the police show up simply say; I was in imminent danger and afraid for my life, I feel sick and I want a lawyer. Saying I feel sick and asking for a lawyer keeps them from asking questions and trying to twist the facts. Not all LEOs are our friends and you may get the one that wants to fry you. Yes it will make the job harder for the cops but it will protect you from elaborating on what happened. They want to ask questions and more questions and no offense but you have been in a very high stressed situation. You need some time before you are grilled by the detectives. Just my little ole opinion.
    kmckinnon likes this.

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