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Discussion Starter #1 (Edited)
Handgunlaw.us has always gotten a lot of questions about the Brandishing, Stand Your Ground, Castle Doctrine etc. With the virus, heat wave and other things that have slowed us down we have had time to put together a couple documents that puts info on these issue for all the states in one place. We started out with the idea of placing the information about Brandishing on each states page in the Misc Information section. That is the reason for the layout of that doc and it makes it easy to copy and paste it into each states page. It has morphed into the collection of the Stand Your Ground etc as we were looking at all the states statutes.

We would appreciate any feedback on additions etc. to these listings You can also email us at [email protected]. Thank you for any assistance you can give us. Stay Safe!

Am putting links in place of the Docs. So you can see any updates.

https://www.handgunlaw.us/documents/Brandishing_Display_of_Firearm.pdf

https://www.handgunlaw.us/documents/Stand_Your_Groud_Castle_Self_Defense.pdf
 

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Very nice effort, sir, thank you for this. :) (y)
 

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Thank you.
 

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Discussion Starter #6
Haywood contacted me. We have been in contact on and off over time mainly concerning Connecticut. I included a Statute for CT that really concerns Fake Guns etc. When putting this together I actually went past the CT entry and didn't add it but later went back and did add it. I will remove 53-206c in future editions of that file.
 

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Attempt to intimidate? Some people consider it intimidation anytime they see a firearm even though there was no attempt to intimidate anyone. I guess gun owners should have body cams or a witness to show that there was no intent to intimidate.
 

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Regarding Virginia, my first suggestion is that in the case of brandishing, you cite statutory law. I the case of SYG, you cite case law. I would like to see both statutory and case law for both. The picture for either is not complete. Also, I think the reader would appreciate some summary of the situation, as legalize is hard to interpret for the average reader.

I took two SD law classes at the NRA HQ, put on by Arsenal Attorneys, both of which were excellent. They summed up the two topics for VA law very succinctly. I suggest your run your final copy by them. In my experience, they are very open to answering questions pro bono.
  • Brandishing is displaying a gun in a threatening manner towards a person or persons. The elements are something like the gun is shown to the victim and some threat is made with the gun. Just having a gun visible is not brandishing, but on the other end, one does not have to actually point a gun for it to be brandishing. There has to be display and threat. The legal defense is the same as for self defense. To be justified in brandishing, you have to have also been justified to shoot.
  • The big thing about stand your ground in VA seems to be that you do not have to retreat from a threat, but you still cannot advance toward a threat. Also, event though you don't have to retreat, if you can retreat, it may help your SD case in some situations, especially if there is any question that you may have contributed to the confrontation.
  • Castle has been applied pretty broadly in VA. If someone is in your house, unless it is obvious they are not a threat, generally you can assume they are a threat.
  • You did not mention this, but disparity of force is a big deal in VA. As "un-woke" as it may sound, in VA case law, women are given a lot more leeway in SD situations against men.
 

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I believe your listing of FL SYG overlooked its castle law. Look at FS 790.013, which includes dwelling and vehicles. Technically, I think it has both SYG and Castle laws.
 
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Discussion Starter #11
jmf552, Would love to add all kinds of discription to everything but I have 60+ hours in just putting that together. There is always more you can add.

OldVet, I don't see a 790.013. Can you give me a good Location for



Title XLVI
CRIMES
Chapter 790
WEAPONS AND FIREARMS
View Entire Chapter
CHAPTER 790
WEAPONS AND FIREARMS
790.001
Definitions.
790.01
Unlicensed carrying of concealed weapons or concealed firearms.
790.015
Nonresidents who are United States citizens and hold a concealed weapons license in another state; reciprocity.
790.02
Officer to arrest without warrant and upon probable cause.
790.051
Exemption from licensing requirements; law enforcement officers.


 

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Oops...typo. FS 776.013
CRIMESChapter 776
JUSTIFIABLE USE OF FORCE
View Entire Chapter
776.013 Home protection; use or threatened use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person who is in a dwelling or residence in which the person has a right to be has no duty to retreat and has the right to stand his or her ground and use or threaten to use:
(a) Nondeadly force against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force; or
(b) Deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.
(2) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used or threatened was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(3) The presumption set forth in subsection (2) does not apply if:
(a) The person against whom the defensive force is used or threatened has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used or threatened; or
(c) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or
(d) The person against whom the defensive force is used or threatened is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(4) 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.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
History.—s. 1, ch. 2005-27; s. 4, ch. 2014-195; s. 1, ch. 2017-77.
 
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@Gary Slider Thank you for the time, AND effort you've devoted to getting "good information out" on the subject!
 

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Discussion Starter #15
Should have also said that I don't know how I missed that it was the next one down the list that I already had on the FL page. What you just pointed out is the reason I like to post this and ask for feedback. I learn a lot!!
 

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OldVet, I have to tell you that I HAVE NEVER MADE A TIEPO!!!!
I've never actually sent out a Christmas card either, but don't tell anyone.
 

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jmf552, Would love to add all kinds of discription to everything but I have 60+ hours in just putting that together. There is always more you can add.
I only posted because you asked for "additions and feedback." Why ask and then push back on someone who responds?
 

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Discussion Starter #19
jmf552 - Not push back. Looking into Case Law for 50 States + DC and 5 possession would take 1000's of hours and Reading numerous cases for each state. That is why attorneys get paid big bucks when defending someone as they have people who start looking for all that and most of the time they are only looking at case law in one state.
 
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