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doc03

(35,344 posts)
Sat Apr 21, 2012, 08:19 PM Apr 2012

So I am in Florida visiting and Florida recognizes my Ohio CCW permit soI am

carring a weopon. I am driving down the street and accdently do something that causes someone to
go into roadrage and flips me the bird, cuts me off and jumps out of his car. What happens if I just shoot
him, what would the law do down there? I say I felt threatened or he reached in his jacket and I thought he
was going for a gun.

37 replies = new reply since forum marked as read
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So I am in Florida visiting and Florida recognizes my Ohio CCW permit soI am (Original Post) doc03 Apr 2012 OP
depends on the color of the participants Angry Dragon Apr 2012 #1
I thought about that, let's just assume we are both white and doc03 Apr 2012 #2
I say... discntnt_irny_srcsm Apr 2012 #20
Well, Sherman A1 Apr 2012 #3
OMG. Was there an investigation? The Wielding Truth Apr 2012 #5
Are you black or white ? Well known ? Wealthy ? orpupilofnature57 Apr 2012 #4
Well I'm white, not well known, not wealthy and doc03 Apr 2012 #7
WOW I was just being snarky ,sorry orpupilofnature57 Apr 2012 #16
Draw you gun and keep it on your lap while you stay in your car. krispos42 Apr 2012 #6
Why go to all that trouble he was approaching and I felt threatened. Remember doc03 Apr 2012 #10
Trouble. Straw Man Apr 2012 #21
It's just hypothetical and I am going by the interpretation of doc03 Apr 2012 #23
So you haven't in fact read the law. Straw Man Apr 2012 #25
I see what your mistake was.... PavePusher Apr 2012 #29
imminent danger of death or serious bodily harm krispos42 Apr 2012 #36
This is THE problem with driving in Florida Turbineguy Apr 2012 #8
LOL doc03 Apr 2012 #11
Actually the Florida drivers are excellent ... spin Apr 2012 #18
You will be hailed as a Gun Hero in the Gungeon and get offered a gig at FAUX News. jpak Apr 2012 #9
LOL, a gig on Faux News maybe I could get close enough to doc03 Apr 2012 #12
Holler "my name is George Zimmerman, MF" and blow the guy away, TheCowsCameHome Apr 2012 #13
Depends on what the facts are....sounds like it could be justified. ileus Apr 2012 #14
From what I hear of the SYG law it would be n/t doc03 Apr 2012 #15
It probably doesn't have to be justified, you just have to be a good liar. alfredo Apr 2012 #17
Yup. You can always trust the media to teach you the true facts ... spin Apr 2012 #19
You might want to read and study... instead of jusr "hear". PavePusher Apr 2012 #30
Read the law yourself and quit relying on "Interpretations" you read on DU shadowrider Apr 2012 #35
Ileus always finds justification for shooting someone. Hoyt Apr 2012 #26
Hoyt, you are lying. Why are you lying? n/t PavePusher Apr 2012 #31
Why are you always lying Hoyt? AH1Apache Apr 2012 #37
If you want to stay out of jail, ManiacJoe Apr 2012 #22
If you're in a vehicle and your "attacker" is not... OneTenthofOnePercent Apr 2012 #24
Because you've invested in your guns and training. And FL law makes it easy on you. Hoyt Apr 2012 #27
I thought you wanted carriers to be trained...? Make up your fucking mind. n/t PavePusher Apr 2012 #32
It's a lot like posting here. rrneck Apr 2012 #28
Really not enough information to say. Atypical Liberal Apr 2012 #33
Well, according to the anti's here shadowrider Apr 2012 #34

doc03

(35,344 posts)
2. I thought about that, let's just assume we are both white and
Sat Apr 21, 2012, 08:22 PM
Apr 2012

he is not a Senators son or something.

Sherman A1

(38,958 posts)
3. Well,
Sat Apr 21, 2012, 08:25 PM
Apr 2012

Something rather similar happened to a friend of mine while driving to LV this past year. He was cut off on the highway, followed the guy while calling the police, got into an argument with him, when he did stop & got himself rather dead at the end of it all somewhere in TX I believe. The shooter was not charged to the best of my knowledge.

I don't know about FL laws.

 

orpupilofnature57

(15,472 posts)
4. Are you black or white ? Well known ? Wealthy ?
Sat Apr 21, 2012, 08:25 PM
Apr 2012

why did you arm yourself ? Do you feel threatened in Florida ? is it because of people that might get pissed off at your driving and shoot you?

doc03

(35,344 posts)
7. Well I'm white, not well known, not wealthy and
Sat Apr 21, 2012, 08:31 PM
Apr 2012

I did arm myself because I do feel threatened in the state of Florida with their SYG law. Yes I was down there
a couple months ago being unfamiliar with the area I did piss someone off one day with my driving..Luckily he just blew his horn and flipped me off.

 

orpupilofnature57

(15,472 posts)
16. WOW I was just being snarky ,sorry
Sat Apr 21, 2012, 09:13 PM
Apr 2012

I thought it was a hypothetical ,but you can sympathize with the fear of guns ,as it caused you to arm yourself ,and is it SYG or Floridian Antebellum?

krispos42

(49,445 posts)
6. Draw you gun and keep it on your lap while you stay in your car.
Sat Apr 21, 2012, 08:31 PM
Apr 2012

Back up, if possible to do safely. Call the cops, if possible. If he approaches with a tire iron or other weapon, show him the gun. If he gets too close, lock the doors and skooch over to the other side of the car. If he reaches into the car to unlock the doors (breaking windows if needed), shoot him. Preferably with 911 on the phone.

Don't say a word to the cops. Lawyer up. Prepare to be handcuffed and taken away in a squad car.

doc03

(35,344 posts)
10. Why go to all that trouble he was approaching and I felt threatened. Remember
Sat Apr 21, 2012, 08:34 PM
Apr 2012

it is Florida you know.

Straw Man

(6,625 posts)
21. Trouble.
Sat Apr 21, 2012, 10:49 PM
Apr 2012
Why go to all that trouble he was approaching and I felt threatened. Remember

it is Florida you know.

Why don't you just proceed with that attitude and see what happens? You might find yourself shouting "But, but ... it's Florida!" as they slam the cell door shut.

Or try reading the law first and see if it allows you to shoot just because "you felt threatened." I think you might be surprised by what you find.

doc03

(35,344 posts)
23. It's just hypothetical and I am going by the interpretation of
Sat Apr 21, 2012, 11:32 PM
Apr 2012

the law that many on DU and some media people have been telling us. I think it is a stupid law
and should be repealed. It sounds like almost a license to kill. If two drug dealers get into an altercation and one gets killed how do they charge anyone for murder? The survivor is going to claim he felt his life was being threatened and he shot the guy in self defence. Honestly it sounds like the TV dipiction of Dodge City in Gunsmoke.

Straw Man

(6,625 posts)
25. So you haven't in fact read the law.
Sun Apr 22, 2012, 12:22 AM
Apr 2012

That's what I thought.

776.012?Use of force in defense of person.—A person is justified in using force, except deadly 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. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1)?He or she reasonably believes that 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 ...


-- http://www.flsenate.gov/Laws/Statutes/2011/776.012

There is a substantial difference between "reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another" and "feels threatened." The gray area is "reasonably believes," and the particular circumstances of any shooting will be critically important in determining whether charges will be brought and whether a conviction will result.

But you can go right on believing in the cartoonish bullshit version if it tickles your fancy.
 

PavePusher

(15,374 posts)
29. I see what your mistake was....
Sun Apr 22, 2012, 02:19 AM
Apr 2012

You thought the poster was actually trying to have an informative conversation.

Good luck with that.

krispos42

(49,445 posts)
36. imminent danger of death or serious bodily harm
Sun Apr 22, 2012, 09:53 AM
Apr 2012

That's the real standard.


The standard in the political cartoons about this is "I felt threatened", which will put you in a jail cell.

Turbineguy

(37,340 posts)
8. This is THE problem with driving in Florida
Sat Apr 21, 2012, 08:32 PM
Apr 2012

Most of the drivers are so bad that they immediately constitute a clear and present danger as soon as they get into a car. Therefore you are within your rights to shoot everybody. Be careful however, you can only shoot drivers. That means that if you shoot a driver, you cannot shoot the passenger unless that passenger foolishly grabs the wheel to try and keep the car from crashing.

I'm not a lawyer, but I suggest you bring plenty of ammo. The other drivers may be packing heat too.

jpak

(41,758 posts)
9. You will be hailed as a Gun Hero in the Gungeon and get offered a gig at FAUX News.
Sat Apr 21, 2012, 08:33 PM
Apr 2012

And you will get away with murder

yup

TheCowsCameHome

(40,168 posts)
13. Holler "my name is George Zimmerman, MF" and blow the guy away,
Sat Apr 21, 2012, 08:49 PM
Apr 2012

and then prepare to have your life forever changed.

spin

(17,493 posts)
19. Yup. You can always trust the media to teach you the true facts ...
Sat Apr 21, 2012, 10:32 PM
Apr 2012

Last edited Sun Apr 22, 2012, 12:20 AM - Edit history (1)

about any issue involving firearms. The media has absolutely no bias. Never has and never will.

Listening to the main stream media to learn about the facts surrounding the "Stand Your Ground" law in Florida is a lot like listening to Fox News to learn the truth about global warming.

edited for coherency

 

PavePusher

(15,374 posts)
30. You might want to read and study... instead of jusr "hear".
Sun Apr 22, 2012, 02:20 AM
Apr 2012

But only if you really want to be an informed Citizen. Your choice.

shadowrider

(4,941 posts)
35. Read the law yourself and quit relying on "Interpretations" you read on DU
Sun Apr 22, 2012, 07:08 AM
Apr 2012

You'll be surprised by the true knowledge you gain.

ManiacJoe

(10,136 posts)
22. If you want to stay out of jail,
Sat Apr 21, 2012, 11:23 PM
Apr 2012

you need to meet the "reasonable fear" standard of "ability, opportunity, jeopardy".

 

OneTenthofOnePercent

(6,268 posts)
24. If you're in a vehicle and your "attacker" is not...
Sat Apr 21, 2012, 11:53 PM
Apr 2012

Why in the world wouldn't you just drive away or at the very least stay in the car with the windows up. You're sitting in a 2 ton death machine perfectly safe. If the douchebag comes to your car and tries to physically enter it... THEN you take action to defend yourself.

What if you just outright shot the guy?

I doubt that they would determine that one would have reasonable fear of death if the person you shot was merely approaching you and had made no clear threats he was acting upon. I don't think you can assume that he made a threat you and then assume he is acting all the while assuming he is armed.

 

Hoyt

(54,770 posts)
27. Because you've invested in your guns and training. And FL law makes it easy on you.
Sun Apr 22, 2012, 12:52 AM
Apr 2012

Not you per se - but plenty of others.

 

Atypical Liberal

(5,412 posts)
33. Really not enough information to say.
Sun Apr 22, 2012, 07:01 AM
Apr 2012

I suggest you read some of the books by Ayoob Massad on when to defensively use a firearm.

The first thing you need to understand is that in spite of ever-more progressive self-defense laws around the country, if you are involved in a self-defense shooting you are probably going to be on the hook for several, if not tens or even hundreds of thousands of dollars in fees.

CCW reciprocity does allow you to carry a concealed firearm on other states than your home state, but it does not change the laws of the other states. So if you are going to carry in another state, you better be aware of what their laws are and what the consequences are of using your firearm may be. Of course there is always the axiom that says it is better to be judged by 12 than carried by 6, and maybe you think it is best not to worry about the law and rely on your own judgement of a violent situation instead. But you asked "what would the law do down there?"

In spite of what many are saying about self-defense laws being a license to shoot anyone who looks funny, all self-defense laws specifically say that you have to reasonably believe you are in danger.

And that is the key. You have to reasonably believe you are in danger, and you have to be able to convince the authorities that you reasonably believed you were in danger.

It seems to me that you are safest "standing your ground" if there is physical evidence to corroborate your story. If the guy really does have a gun or some other weapon, for example. Or if you are bearing injuries from your attacker. Or if there are witnesses that can verify the attacker's violent behavior.

But if someone just "jumps out of their car" and you feel threatened and you shoot them, are you going to be able to convince the authorities that you reasonably feared for your safety? Maybe yes, maybe no. It's a risk.

shadowrider

(4,941 posts)
34. Well, according to the anti's here
Sun Apr 22, 2012, 07:05 AM
Apr 2012

You should wait to be shot, stabbed, beaten (fists, bat, hammer) etc. before you can lawfully exercise your right to defend yourself. IOW, they have to prove they're a true threat.

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