What the heck is with this FL law - Wielding an animal?

[Sticks]

Not sure where this should be posted, but since the man is charged with dangerously wielding an animal, I threw it here.

Oct 30, 2009 9:24 am US/Mountain
Fla. Man Steals Ferret, Hides It In Pants
JACKSONVILLE BEACH, Fla. (AP) ―

A Florida man was charged with theft over a $129 ferret that police say he took from a pet store in Jacksonville Beach. (File)

It's one thing for shoplifters to hide plunder in their pants. But a live ferret? Police said a homeless man in north Florida did just that. And he made it out the door before being challenged. Rodney Bolton, 38, was charged with theft over the $129 animal that police say he took from a pet store in Jacksonville Beach.

A 17-year-old witness confronted Bolton in the parking lot and was bitten by the animal after the man allegedly shoved it in the teen's face.

That confrontation makes the ferret a "special weapon" under Florida law. So Bolton also faces battery charges for dangerously wielding the animal.

Calls to the Jacksonville Sheriff's Department to see if Bolton has a lawyer were not answered early Thursday

Jacksonville Beach, Florida Man Steals Ferret, Hides It In Pants - cbs4denver.com

So, would you need a permit to carry animals for defense?

[DefensiveCarry.com]

[QKShooter]

The real question is:
Would it be a "good shoot" if a "bad guy" shoved a ferret in your face?
Since...the BG would have been "armed" with a "Special Weapon."

[FLSquirrelHunter]

Having faced an agitated rattler, hungry gator, and a charging raccoon, I'd say you may be better off trying to take out the critter first.

[JD]

You know, wielding an animal....

[randytulsa2]

You can buy a ferret without a background check?

Do ferrets that come in certain configurations (breeds?) qualify as "assault ferrets"?

We need ferret control laws, the more the better, and the stricter the better, immediately if not sooner.

For the kids, you know....

[JoJoGunn]

This once again proves that anything can or will be used as a weapon, not just firearms. Yet, you don't see a rush to ban the sale of ferrets now do you?

[packinnova]

I better run out and get an evil black tactical ferret before they're banned.

[Janq]

MA has a similar view in it's laws as toward use of animals, specifically dogs, as in a manner to intimidate, harass, assault or endanger human beings.

It falls within statute that use of a dog to do any of the following is justifiable to either kill the dog and/or use lethal force to defend ones self as against the person controlling (wielding) the dog.
Further there is case law to support same.

Some time ago in another thread here just this type of scenario was addressed to whihc I had posted the following...

This question in specific is easily resolved by referencing your state and local laws.

State to state laws do vary in specific regard to protection and defense from animals be they wild or domestic, and even dogs in specific.

For an example of as much here in MA the law states the following toward your specific scenario;

PART I. ADMINISTRATION OF THE GOVERNMENT

TITLE XX. PUBLIC SAFETY AND GOOD ORDER

CHAPTER 140. LICENSES

EMPLOYMENT AGENCIES

DOGS

Chapter 140: Section 156. Killing dogs under certain conditions; wounded dogs

Section 156. Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.

Source - M.G.L. - Chapter 140, Section 156

Additionally say that the dog you encounter is one that by the owner has been willfully and purposefully set upon you then again MA law and case law too supports view of that act by the owner and action by the animal as being assault [owner] with a deadly weapon [dog]...

COMMONWEALTH vs. CHRISTOPHER FETTES.
64 Mass. App. Ct. 917
October 18, 2005

Assault and Battery by Means of a Dangerous Weapon. Dangerous Weapon. Dog.

A dog can be a dangerous weapon. "A dangerous weapon is `any instrument or instrumentality so constructed or so used as to be likely to produce death or great bodily harm.

Source - FETTES, COMMONWEALTH vs., 64 Mass. App. Ct. 917

Again check your own state and local laws as knowledge toward this matter is basic and requisite for anyone who carries arms in specific not to mention is good information for folk in general to know and be aware of.

For more discussion on this real world it does happen situational consideration see this older thread; http://www.defensivecarry.com/vbulle...al-attack.html

As to a ferret being thrust at a person, I personally would not shoot nor even draw.

Why? Because following reasonable man view as a jury would see things it's far more sensible to walk/run away than to stand and fire onto a person. Forget about trying to hit a ferret small and fast moving long bodied rat squirrel.

Further considering the environment where this occurred and the normative background of the area, it is not reasonable to apply deadly force as amongst a 290 degree area of background so as to what was ultimately an attempt to stop a minor property theft attempt.
A crime that normally would be a misdemeanor at best.

Run or side step out of the way.
No gun required.

- Janq

[PastorPack]

That's pretty gutsy to stuff a ferret down your pants. That man could have been capable of anything!

Seriously, +1 on Janq's assessment. No reason to shoot here.

[stanislaskasava]

Hmm... this reminds me of a scene from The Big Lebowski...

[archer51]

That's pretty gutsy to stuff a ferret down your pants. That man could have been capable of anything!

Seriously, +1 on Janq's assessment. No reason to shoot here.

Good thing he didn't try stuffing a squirrel down his pants!

[QKShooter]

Good thing he didn't try stuffing a squirrel down his pants!

Why? Because there is a possibility that it would start looking for nuts?

[retsupt99]

A lot of you guys are going to be surprised, but Fist doesn't make holsters for ferrets.

[FLSquirrelHunter]

Bloomberg held a press conference with Sarah Brady, who wants all mayors to limit thieves to stealing only one rodent a month!

New York is pressing for new rat control laws.

DC allows you to have a mouse as long as it's dead and never leaves the house.

-- And Obama promises to never take away your neutered hunting dogs but wants to close the zoo loophole.

California requires your animal be on the approved pedigree list and limits the number of teeth for non-law enforcement varmints.

[rottkeeper]

Bloomberg held a press conference with Sarah Brady, who wants all mayors to limit thieves to stealing only one rodent a month! New York is pressing for new rat control laws.

He also sent investigators out of state to see if they could be bought without a background check.